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.

35 thoughts on “A-G Gani Patail is not above the Law

  1. It’s too early to celebrate! It’s only a judgement on a preliminary issue. From past experience you don’t stand a chance on appeal

  2. One brave judge! However one isolated act of bravery by a junior judge does not automatically conclude that the judiciary is now independent. Only this particular judge is independent whilst the judiciary has to do more to prove so.

  3. So what do we do?? Just let the junior judge be hanged when the appeal comes up.Let’s all unite to get this scum of a sabahan hanged by his two small shrinking meatballs. No use commenting2 just we all have to lead and get this scum.There have been too many victims of this scam at the AG.File a class action thingy
    and we fight till the end.Numbers count and our grandkids are at stake.Any legal mind to lead this? Let’s collaborate as thats the in word with the disaster we are facing with the”pings”!!!

  4. Fire all. But before doing it send help from others like Hong Kong or Singapore as interim for say 3 years while a committee identify a team who is up to the job.
    We need to do this in every establishment before we become another Africa.

  5. Vic,
    Probably, we may even turn up to be like Zimbabwe. Mugabe’s Madhater’s good friend, you know. Of course, many of us would never knoiw that Zimbabwe or once Rhodesia was one the richest african countries in africa. In fact, Rhodesia is far better than South Africa despite of the sanctions imposed by UN over unilateral declaration of independence

    Like Nixon has once said, when you have them by their cojones, their hearts & minds would follow. Pak Bean would tell you who is holding Jibby’s cojones. Not just his husband. Hahahaha!

    I hope that that ruling would stay. Otherwise, it would end up like Blackadder’s episode. Take note that UK GCSE is using Blackadder for English Literature reference. Kudos to Pak Beans. Hahahaha!
    I quote from General Melchett…….”Before I proceed to sentencingthe deceased…..” Hahahaha! Sounds familiar

    P.S : For those who only knew Hugh Laurie from “House”, He’s a brits. Blackadder episodes are far more popular than “House”. Plus Pak Bean does sing very well & he got a master degree in electronics from Oxford or is it Cambridge. That would put CLF to “howling”

  6. I beg to differ. The law don’t mean that much in this country. The police proved it in the Deepa children’s kidnapping case. The convert TOOK THE LAW INTO HIS OWN HANDS – which itself is against the law. His wife followed the law and screwed.

    POWER is what matters – UMNO and Mahathirist believe in it. NOT THE LAW.

  7. sadly this JC will probably be demoted or sacked very soon. you don’t do this to your ‘boss’ and get away with it. the judiciary is already broken.

  8. Din, the question on everbody’s mind should be: whoever won, who will foot the bill? Dato Ramli and Rosli Dahlan have every right to file their claims but where do we draw the responsibility and accountability of these wrongdoings if it was finally established. Win or lose, it’s a double whammy and I say WE are responsible coz we chose the government.

  9. When politicians control the judiciary, the country is gone….in particular a multi racial and religious country.

    These politicians will create a lot of trouble for narrow and short term political gains.

  10. Din,
    Americk made the revelation so many moons ago, yet nothing, absolutely nothing seems to happen to CI. What can we make of that?

  11. All these scumbags should be tortured & hanged for what they have done caused so much miseries to innocent people.

  12. TL,
    All politicians must declare their wealth

    Then you will have to wait long long

    Not all scumbags are crucified but however, Madhater was very afraid considering what happen to his friend

  13. It is true that counsel and judges in their comments made in court are protected by immunity from prosecution for say defamation.

  14. Pak Bean,
    While it’s true that judges can technically get away with their comments bordering defamatory made in courts & counsels’ words would have to be subjected to judges discretions, it shows that at times such professionals can be very egocentric. In this following sketch, everything would be explained

  15. I think Pak Bean should be consulted as this issue concerns law & jurisdiction


    “Pemangku Menteri Pengangkutan Hishammuddin Hussein berkata Peguam Negara Abdul Gani Patail kini berada di UK untuk membincangkan mengenai hak ke atas kotak hitam pesawat MH370.

    “Ia akan diumumkan sedikit masa lagi. Peguam Negara berada di UK sekarang untuk membincangkan perkara itu.

    “Pertubuhan Penerbangan Awam Antarabangsa (ICAO) dan pakara yang terlibat sedang mengenalpasti, berdasarkan undang-undang antarabangsa dan tempatan, siapa yang berhal ke atas kotak hitam, tapi saya ingin menangani perkara itu apabila kita temui kotak hitam,” katanya.

    Pak Bean,
    Hisham Rais is right. Why need to determine under whose jurisdiction the black box belong? I thought it should be Malaysia right? Why need to fly to UK to discuss on this? Sound familiar to what happen in Lahad Datu? Plus why abduction has become a norm in Sabah now? 2 Taiwan lang kenna hijacked. One dead, one kenna released when ransom paid. Apa macam?

  16. Only few countries have invested on instruments to read the blackbox. So even if you have the jurisdiction you have to get a consultant to read it. This is all part of becoming a developed country.

  17. You can argue whose jurisdiction the black box belongs to but in the final analysis only a few countries and agencies are equipped and qualified to read the data in the black box. Thus the need to fly to UK in the hope that when the box is recovered the British Civil Aviation Authorities will be the one examining the contents of the black box. They feel that Malaysia have a better chance of getting “cooperations” from the British.
    We are putting the card before the horse. Find the missing aircraft first. Unfortunately, our government is trying to hide a lot of things. The truth will be known eventually.The world knows what we really are.Our leaders and public officials are incompetent.–Din Merican

  18. TL/Malaya,
    OMG! This is downright insulting & embarrassing to say that Malaysia does not have the capability of reading data from the blackbox. Let alone the analysis of it. Heck la even if Malaysia does not have that capability, Malaysia can just make a trip to Singapore. You mean you can’t get BCCA officials in Malaysia or Singapore hah? Aiyoh, don’t like that Peter Thanalan saying that Malaysia comes from dark ages.
    Eh! Eh! Melayu ni tinggal atas pokok ke? This is truly bullshit! I bet even my matey ktemoc or CLF can do the job. Hahahaha!

    Guys & Gals,
    Since no musics from our DJ Din Merican. Some songs la

  19. I think ultimately ICAO in Montreal will be the ultimate adjudicator in this FUBAR, orang malaya. So it puzzles me, that this unmitigated disaster of a 3rd class lau-yar is in London. The plane is basically American made, the engines are British and God knows what are the other Countries of Origin the parts fabricated in.. But since the owner is Bolehland Sdn Bhd and 2/3rds of the victims are PRC citizens with the search being organized/coordinated by the Aussies, the UN will have the final say. Like that also waste money and time.. Sounds more like a shopping trip to me.

    The basic premise that the Gomen super-flunkies are supra-legal is so dimwitted, that a simple legal ruling on this makes everyone yodel in Ecstasy.. Has Boleh-Landers devolved to sheer moronism? Yup. Now, getting rid of this cretin is nothing, compared to the perfidy of his wannabe replacement.. Can anyOne understand this?

  20. This is a case of having an Attorney General who does not seem to understand the fundamentals of civil law.
    And it need a judicial commissioner to explain to him clearly and precisely.
    And in case if the AG still does not or pretend not to understand.
    The judge even gave a good clear cut example and took great length to explain.

    I wonder if the judge can sue the AG for ignorant.

    As for the MH370 electronic data storage box or “blackbox”.
    It belongs to the rightful owner which is MAS the company.
    Jurisdiction is clear cut on this. That fella need not fly all the way to London just to establish that.
    The box is Yet To be Found and he is in London.
    Due to numerous blunders / bias / conflict of interest and as well lack of technical knowledge from our Malaysia side .
    ( Anyone from the UiTM know how the blackbox works & deciphering ? i guess not. Unless it is about making the longest Dodol in the world)
    It is better to appoint a joint team from several countries (including China)
    to witness and handle the thing.
    But…the box is yet to be found.

  21. johanKhunPana,
    You are right. I am in total agreement with you but to add, “an opportunity to travel…London, you know…it’s always work + holiday trip (may include family member or mistress) all paid on the expense of we, the taxpayers. Oops! here goes another right, hehe!

  22. Vic,
    Yeah, though London is not really preferred destination except for shopping. Heck, Paris or even Edinburgh is much better. Plus I didn’t know that orang malaya = semper

  23. Rightways,
    MCA was ahem impotent since Tan Siew Sin time. Don’t believe me ask LKY. He had said so many times. In public.

    Huh? Sue AG for what? Contempt of Court? Time to ask Pak Bean. One thing for sure it’s definitely no Kangaroo Court. Unlike the one who court martialled Blackadder. Ok, that one is not Pak Bean of New York

  24. They should set up a tribunal to determine if the following are true:

    1. The AG lost the island oc Casa Branca / Mosbert Lighthouse / Batu Putih due to a blunder and there were alleged kickbacks;

    2. The bungalow he allegedly bought for his “girlfriend” in Seremban who also alleged to be his subordinate in the AGC of whom he’s alleged to bonking her as paid by a contractor involved in some legal tussle;

    3. His subordinate – a lady lawyer in the team with Saiful the guy who kept the spermatozoa for 2 days in his butt as evidence – was alleged to have been bonking the client….

    4. Add on guys…. banyak lagi

    Stone him, cut off his hands etc under the Hudud since he cannot defend civil law and see what’s left of his body parts….

  25. Siang,
    It should be Pedra Branca. Pedra means stone in portuguese while Casa means house or home. Ah so, White House in espanole or portuguese means Casa blanca. Hahahaha! I read in newspaper that there is one guy who called himself Chicos got Tan Sri…….Hmmm……..Kamsiah will tell you that Chicos means boys……Hence the song

    Please tell the “Lupus” to do the howling……..

  26. Looes if Malaysia can’t even accurately type the transcript from the pilot to ATC ” all right good night” and after 3 weeks the transcript becomes “good night Malaysian 370” you think they can read and analyze the data accurately and not put their 2 cents worth in there? There are only a handful of black box manufacturer and lesser number of centers that are accredited to analyze the data, and Malaysia is definitely not one of these centers. In the US the NTSB is one such center.

  27. Article 147 sub-clause (3) often referred to as giving the AG “absolute discretion” is just plain wrong. Because here it is referring to the use of his discretion when commencing and discontinuing proceedings. Not when he is abusing his discretion under orders from his political masters or their handlers.

    The country’s federal constitution of 1957 creates three branches of government with the judicial branch independent of the other two. Common law has vested judicial discretion in the country’s judges. Meaning that any discretion given to the country’s Chief Prosecutor is not unlimited and is subject what the law deems as justiciable use of that discretion.

    If exercised in such a manner as to be reckless, it goes from tortious to criminal like in all cases.

    That is my 2-cents,

  28. Semper,
    Like Tok Cik, I believe some of the underlings are competent & professional. It’s always the top echolen of establishment including politicians are idiots. Otherwise, why so many “leaks”? Anyway if Malaysia can’t find anybody to analyse the data. Not need to go so far. Go across the causeway to ask red dot for help. Anyway, those folks could be either ex malaysians or Malaysians holding singapore PRship. Again, it’s extremely insulting even to the melayus saying that they ain’t capable to conduct such investigations. I thought Malaysian authorities had come up the report for Tanjung Kupang accident. I don’t wanna play Astro Awani clip where Peter Thanalan, ex MAS 747 pilot opening saying that Malaysia come out from dark ages. OMG! Where is the spittoon? Bernard Khoo in heaven would instruct his goons to utilise his fart chamber on………..

  29. Looes, the black box is not a tape recorder. Only the voice recorder works like a tape recorder. The flight data recorder is much more complicated. It records speed, wind speed, tail wind or head wind, data from pitot tubes, engine performance rpm, engine speed, wings position, slats open, aerolon position, rudder position, elevator position, under carraige position, radar info, avionics data and info, elevation, speed, outside temperature, fuel data, fuel pumps data, alarms and warnings, air brakes if applied, ram air generator if deployed, generators and many many more. Its not that easy even for folks south of the border.

  30. Semper,
    With due respect while black box (that consists of flight data recorder) may be much complicated than a normal tape recorder, I simply can’t believe that Malaysians even in Malaysia is that dumb & incompetent that they can’t do analysis at all. Again, it’s downright insulting to them. As for those in down south, well, if singapore has people who can modify avionics within F15 & participating in the ahem ahem (top secret). What makes you think that they can’t do the jobs. The jokes are some of them are ex malaysians.

    By the way, you would have known that singapore came up with its own report on SQ006 mishap. That co-pilot happened to be a Malaysian

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