Holding MACC Accountable: The Case of Ahmad Sarbani and Rosli Dahlan
by Din Merican
The Malaysian courts are full of drama. Last week, the Sodomy II Trial of Anwar Ibrahim had the nation transfixed when two legal giants, candidate AG Tan Sri Shafee Abdullah and former Federal Court Judge Dato Seri Gopal Sri Ram, battled it out on whether any sodomy took place or whether it was just a political conspiracy.
But let us not forget other equally interesting cases involving the the Malaysian Anti-Corruption Commission (MACC) which was established in January 2009. The MACC was supposed to be a fearsome anti-corruption body. Instead of being feared for stamping out corruption, the MACC gained infamy for causing deaths and fixing innocent citizens.
The first death in MACC’s custody was on July 16, 2009, when Teoh Beng Hock was thrown out the MACC’s Selangor Office in Plaza Masalam, Shah Alam. The second death was on April 6, 2011 when Customs Director, Ahmad Sarbaini bin Mohamad was said to have jumped out of the MACC’s office at Jalan Cochraine, Kuala Lumpur. These two incidents established the MACC’s reputation for throwing people out of high-rise buildings and getting away with it.
The Commission of Inquiry and Coroner’s Inquest of these two deaths did not produce satisfactory answers neither to the family nor to the public at large. Both Teoh Beng Hock’s family and Ahmad Sarbaini’s family have filed lawsuits to hold MACC accountable for these deaths.
The honorable thing to do would have been to apologize to their families. But under advice of Attorney-General Gani Patail who is the Government’s legal advisor, MACC chose to fight these out. That is how dishonorable our Government has become under A-G Gani Patail.
What I find surprising is that Utusan Malaysia is not settling with Rosli despite having admitted to its false story and wrong doing in a public apology. I find it equally astonishing that A-G Gani Patail seems to be outsourcing all his work to private lawyers like Tan Sri Shafee Abdullah and Tan Sri Cecil Abraham.
If that is the case, the government might as well close down the A-G’s Chambers, hire Shafee as the Public Prosecutor and hire Cecil Abraham, the drafter of the late PI Bala’s Second Statutory Declaration in the Altantuya Murder case, as the Attorney-General. That may be cheaper for the taxpayers.
Today, the trial against MACC for causing Ahmad Sarbaini’s death begun. See the MalaysiaKini report: http://www.malaysiakini.com/news/280085
That said, I sympathise with Rosli. I know that he had spent a lot of money to seek his redemption. And yet, he is being obstructed from having his day in court. If a lawyer of his outstanding credentials can suffer that fate, what chance do ordinary folks like us, and Kassim Ahmad, Azmi Shahrom, Adam Adli et. al have? The MACC and the A-G have deep pockets thanks to the Government of Prime Minister Najib Tun Razak.
Din Merican: the Malaysian DJ Blogger 
Such abuses can only happen and continue to happen in a government where the Prime Minister is really out of touch with governing and interested only in politicking, making deals, staying in power and having a good time jetting himself and family all over the world to visit resorts and luxurious shopping spots around the world…. the modern version of Louis VI and his wife Antoinette…. and playing the same violin as Emperor Nero while Rome burns…. let them eat cake!
Storm the Bastille, I say…
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Those MACC officers who mentioned in the TBH Royal Commission Report got away. In fact, one of them was even promoted and transferred to Negri Sembilan. It is time for Abu Kassim to take full responsibility and resign his post. –Din Merican.
Despite the apparent, it is so difficult to clean out a Government full of leaches.
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The system is so corrupt that we need a change of government for the clean up process to begin in earnest.–Din Merican
Remember what the Prime Minister told the family of the late TBH when they went to see him at PMO to seek justice via a transparent and independent investigation… he told them and the world “I shall leave no stones unturned”… and like the YB MP of Raub Dato Arif Sakmongkol AK47 said recently in his blog “this PM is long on slogans and promises but short on actions”….
This “we shall leave no stones unturned” was recently repeated in Nederlands during a joint press conference with PM Rutte on the MH17 crash….
His cousin Hishammuddin Hussein also used the same words during a press conference earlier this year for the missing MH370….
Looks like they know they will not be held responsible for these words….
For all the sins these MACC had done, i believed & hope they will receive their divine retributions soon. So all the victims will get the justice they rightly deserved.
The verdict lies with the people. Who they vote to govern them. It’s always the people. That’s is why we have elections. To choose our choice. And we have been good at it for 55 years. We have the BN SatuMalaysia. So why compliant now? Live with it and suck it up for this is our choice, remember! The only thing that prevents the cleaning up of corruptions are GREED.
When will people get it, fixing these things means throwing out UMNO/BN. UMNO/BN can’t even get rid of its bad habit of even the most petty money politics within its own ranks, you expect them to get rid of such major structural problem as abuse of power at the highest level?
If people commit serious crimes or behave with impunity when they are in power (or they are being protected by a nasty regime) , they can pay for it years later.
The people you victimise today may become the political leaders of tomorrow, and bring you to justice.
Just think of nations such as France, Chile and Uruguay.
France: after World War Two and the end of the fascist Vichy regime, former political prisoner and ex-PM Leon Blum became PM once again.
Chile: after the end of the military dictatorship of General Augusto Pinochet, former political prisoner and torture victim Michelle Bachelet became the President of Chile.
Uruguay: former political prisoner and torture victim Jose Mujica became the President of Uruguay,
The moral of the story is to behave ethically and responsibly when one is holding high political office. Otherwise, the day of reckoning will come !
Another comment: extremists who commit serious war crimes and crimes against humanity (such as ISIL in Syria and Iraq today) will ultimately lose political support because of their brutality, and will be brought to justice.
Can’t we have some able non-Malays to hold these positions? I have lost faith in people of my own race who claim to be Muslim too – some Muslim. Bah
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Syed, you are not alone who feels that way.–Din Merican
I totally agree wih you Syed. These kind of people will really give Islam & the good Muslims a bad name.
Such audacious fiascos could only have happened repeatedly under the irresponsible and corrupt leaderships of the Umno pseudo.
CHANGE is inevitable !
Well, Syed, here was the Tunku’s Cabinet:-
Prime Minister —- Tunku Abdul Rahman
Deputy Prime Minister —- Abdul Razak Hussein
Minister of Home Affairs and Justice —- Sulaiman Datuk Abdul Rahman
Minister of Foreign Affairs —- Tunku Abdul Rahman
Minister of Defence —- Abdul Razak Hussein
Minister of Finance —- H. S. Lee
Minister of Education —- Mohd Khir Johari
Minister of Natural Resources —- Bahaman Shamsuddin
Minister of Transport —- Abdul Rahman Talib
Minister of Agriculture and Cooperatives — Abdul Aziz Ishak
Minister of Health —- V. T. Sambanthan
Minister of Works, Post and Telecommunications — Sardon Haji Jubir
Minister of Labour and Social Welfare — Ong Yoke Lin
Minister of Trade and Industry —- Tan Siew Sin
BTW Syed,
Quote:- “I have lost faith in people of my own race…”
Well, are you an Arab, a Bugis, a Javanese, a Dayak, an Achehnese, a one-time Kerelaan but became a latter-day Malay, etc?
My spring salute to Rosli Dahlan and special commend to the late Sarbani’s widow for standing up all the way against all those cowards.
I have been extremely troubled ever since I read PRU 13, UMNO TUMPAS? by Zainal Abidin Ahmad, ex-UMNO and ex-Semangat 46, 1976 law graduate of University of Malaya; ISBN 978-967-0311-03-6 (2012) published by Gerakbudaya Enterprise; 168 pgs, Rm 20.
The relevant paragraphs are from page 74 to 76:
“ Pemalsuan Dan Pemadaman Rekod Rasmi
…Pemalsuan dokumen oleh TAN SRI GANI PATAIL dan TAN SRI MUSA HASSAN sudah dibincang di atas. Selain jenayah Tan Sri Gani dan Tan Sri Musa ini, ada 2 lagi insiden yang menyerlahkan tabiat buruk kerajaan pimpinan UMNO ini. ¶ PERTAMA ialah PEMADAMAN REKOD immigresen berhubung perjalanan ALTANTUYA SHAARIIBU … rekod keluar masuk Altantuya ke Negara Malaysia ini TIDAK ADA dalam system computer Jabatan Imigresen. Rekod itu didapati telah DIPADAM oleh pihak jabatan imigresen Malaysia. BERANIKAH pegawai imigresen bertindak sendirian memadam rekod ini? Ketua Pengarah Jabatan Imigresen PASTI TIDAK akan bertindak demikian kecualilah mendapat arahan pihak yang lebih tinggi. … ¶ Insiden KEDUA melibatkan kes kematian seorang pegawai kastam, ALLAHYARHAM AHMAD SARBAINI MOHAMAD, ketika berada dipejabat (sic)SPRM, cawangan Kuala Lumpur. Dalam inkues yang dijalankan berhubung kematian tersebut, mahkamah diberitahu bahawa rakaman CCTV selama 22 jam, iaitu meliputi jangkawaktu Allahyarham berada dipejabat SPRM itu, TELAH DIPADAM. Menurut pakar forensic PDRM, ASP FAUZIAH CHE MAT, pemadaman tersebut DILAKUKAN oleh orang yang MAHIR dalam kerja-kerja memadam rakaman CCTV. ¶ Persoalannya, kenapa rakaman selama 22 jam yang merakamkan apa yang BERLAKU di pejabat SPRM ketika Allahyarham Sarbaini berada di situ SENGAJA dipadamkan? Dikatakan sengaja dipadamkan kerana pakar forensic menjelaskan cara rakaman itu dipadamkan MENUNJUKKAN ia dilakukan OLEH tangan yang mahir, bukan TERPADAM. Kalau sengaja dipadamkan, bermakna ia dipadamkan OLEH atau ATAS arahan pihak SPRM. KENAPA pula SPRM beria-ria SANGAT mahu memadam rakaman itu. Untuk menjawab soalan ini TIDAK memerlukan otak geliga seorang saintis nuclear, budak darjah tiga pun boleh menjelaskannya. Tentulah rakaman untuk jangka waktu 22 jam itu MENYAKSIKAN sesuatu yang SPRM tidak mahu DILAHAT oleh dunia kerana ia akan MEMUSNAHKAN teori yang mereka kemukakan bahawa Allahyarham telah TERJATUH lalu meninggal dunia ketika CUBA melarikan diri dari pejabat SPRM itu…Datuk Seri Dr. Shafee Abdullah menyatakan Allahyarham telah cuba MELARIKAN DIRI dari pejabat SPRM dengan melompat dari tingkat 3 pejabat itu untuk…Datuk Seri Dr. Shafee bagaimanapun, dengan mudah MENGABAIKAN isu pemadaman rakaman CCTV tersebut yang merupkan satu FAKTA yang telah TERBUKTI dengan jelas di mahkamah. ¶ Pemadaman rakaman bagi jangka waktu 22 jam itu dilakukan untuk MENYOROK apa yang sebenarnya berlaku di pejabat SPRM pada hari yang malang itu. Kalau ini TIDAK BENAR, kenapa rakaman itu PERLU DIPADAM? Kalau benar Allahyarham Sarbaini terjun seperti dakwaan Datuk Seri Dr. Shafee, rakaman CCTV itu AKAN menunjukkan DEMIKIAN. Maka TIDAK timbul lagi syak wasangka TERHADAP SPRM. MUSTAHIL SPRM MAHU MEMADAM SESUATU YANG MEMBUKTIKAN KEBENARAN MEREKA. Jelas sekali rakaman yang dipadam itu MEMBUKTIKAN sesuatu yang NEGATIF terhadap SPRM… ¶ ALLAH lagilah lebih tahu dan maha mengetahui. YANG BERSALAH PASTI MENERIMA HUKUMAN. MASA DAN KETIKA SAJA YANG TIDAK DIKETAHUI.”
The country has become more and more extreme in both religion and race matter. The ruling domno behaves as if they own the country, they robbed the country and its rakyat, terrorized, victimized the innocents. The witness from custom department has testified that Sarbani was threatened, tortured (psychologically), forcing him to admit something that the victim has not done. Surely, this was the way these macc thugs/scumbags used against TBH. I am sharing the grief of both Sarbani and TBH, just wonder when will justice fall upon these killers.
First, a small correction “…yang SPRM tidak mahu DILAHAT oleh dunia…”, read as “…yang SPRM tidak mahu DILIHAT oleh dunia…”
Second, my best effort at translation:
“… the falsification of documents by TAN SRI GANI PATAIL and TAN SRI MUSA HASSAN has already been discussed above. Apart from this crime by TAN SRI GANI PATAIL and TAN SRI MUSA HASSAN which was discussed earlier, two other incidents clearly demonstrate the bad habits of a government under UMNO. ¶ The FIRST is the DELETION of immigration RECORDS of the movements of ALTANTUYA SHAARIIBU…The entry-exit records of Altantuya are NON-EXISTENT in the Immigration Department’s computer system. This record has been found to have been ERASED by the Malaysian department of immigration. Was any Immigration officer BRAVE ENOUGH to have acted alone in wiping out this record? The Director-General of the Immigration Department SURELY WOULD NOT so act unless he received such instruction from a higher authority… ¶ The SECOND incident involved the death of a Customs officer, the late AHMAD SARBAINI MOHAMAD, while he was in the SPRM/MACC office, Kuala Lumpur branch. In the inquest which was carried out in connection with the death, the court was told that the 22-hour long CCTV recording, that is the whole duration the late officer was in the SPRM office, HAD been DELETED. According to PDRM’s forensic specialist, ASP FAUZIAH CHE MAT, the said deletion was CARRIED OUT by someone highly skilled in carrying out deletions of CCTV recordings. ¶ The question is, why was the 22-hour recording which recorded whatever HAPPENED in the SPRM office, while the late Allahyarham Sarbaini was there, DELIBERATELY deleted? Deliberately deleted because the forensic specialist had explained that the manner the recording was deleted DEMONSTRATED that it was carried out manually by an expert, not ACCIDENTALLY deleted. If it was deliberate, this means it was done BY, or ON the instruction of, SPRM authorities. Why then did SPRM desire SO MUCH to have that recording deleted? To answer the question does not require the grey matter of a nuclear scientist, a Primary Three student could do it. Surely, the 22-hour recording CAPTURED something which SPRM did not want it to BE SEEN by the world because it would have DESTROYED the theory which they had put forward, that is, that the late officer had ACCIDENTALLY fallen down and subsequently died, while ATTEMPTING to escape from the SPRM office, by jumping off from the 3rd floor office … ¶ The deletion of the 22-hour recording was done so as to HIDE what actually happened on that sad day. If this is NOT TRUE, why was it NECESSARY for it to be DELETED? If it is true that the late Sarbaini did jump as alleged by Datuk Seri Dr. Shafee, the CCTV recording WOULD certainly show this. Therefore any suspicion (of wrongdoing) against SPRM does not arise. IT IS BEYOND COMPREHENSION THAT SPRM WOULD WANT TO DELETE SOMETHING WHICH WOULD HAVE CONFIRMED THE TRUTH OF THEIR STORY. It is manifestly clear that the recording that was deleted PROVED something NEGATIVE against SPRM… ¶ God Almighty obviously know more, and is All knowing. THE GUILTY PARTIES WILL SURELY RECEIVE THEIR JUST PUNISHMENT. ONLY THE TIME AND PLACE IS NOT KNOWN.”
Please ignore the earlier thread as two sentences were missing.
“… the falsification of documents by TAN SRI GANI PATAIL and TAN SRI MUSA HASSAN has already been discussed above. Apart from this crime by TAN SRI GANI PATAIL and TAN SRI MUSA HASSAN which was discussed earlier, two other incidents clearly demonstrate the bad habits of a government under UMNO. ¶ The FIRST is the DELETION of immigration RECORDS of the movements of ALTANTUYA SHAARIIBU…The entry-exit records of Altantuya are NON-EXISTENT in the Immigration Department’s computer system. This record has been found to have been ERASED by the Malaysian department of immigration. Was any Immigration officer BRAVE ENOUGH to have acted alone in wiping out this record? The Director-General of the Immigration Department SURELY WOULD NOT so act unless he received such instruction from a higher authority… ¶ The SECOND incident involved the death of a Customs officer, the late AHMAD SARBAINI MOHAMAD, while he was in the SPRM/MACC office, Kuala Lumpur branch. In the inquest which was carried out in connection with the death, the court was told that the 22-hour long CCTV recording, that is the whole duration the late officer was in the SPRM office, HAD been DELETED. According to PDRM’s forensic specialist, ASP FAUZIAH CHE MAT, the said deletion was CARRIED OUT by someone highly skilled in carrying out deletions of CCTV recordings. ¶ The question is, why was the 22-hour recording which recorded whatever HAPPENED in the SPRM office, while the late Allahyarham Sarbaini was there, DELIBERATELY deleted? Deliberately deleted because the forensic specialist had explained that the manner the recording was deleted DEMONSTRATED that it was carried out manually by an expert, not ACCIDENTALLY deleted. If it was deliberate, this means it was done BY, or ON the instruction of, SPRM authorities. Why then did SPRM desire SO MUCH to have that recording deleted? To answer the question does not require the grey matter of a nuclear scientist, a Primary Three student could do it. Surely, the 22-hour recording CAPTURED something which SPRM did not want it to BE SEEN by the world because it would have DESTROYED the theory which they had put forward, that is, that the late officer had ACCIDENTALLY fallen down and subsequently died, while ATTEMPTING to escape from the SPRM office…Datuk Seri Dr. Shafee stated that the late officer tried to ESCAPE from the SPRM office by jumping from the third floor to… Datuk Seri Dr. Shafee, however, with ease IGNORED the issue of the deleted CCTV recording which was a FACT PROVED CLEARLY in the court.¶ The deletion of the 22-hour recording was done so as to HIDE what actually happened on that sad day. If this is NOT TRUE, why was it NECESSARY for it to be DELETED? If it is true that the late Sarbaini did jump as alleged by Datuk Seri Dr. Shafee, the CCTV recording WOULD certainly show this. Therefore any suspicion (of wrongdoing) against SPRM does not arise. IT IS BEYOND COMPREHENSION THAT SPRM WOULD WANT TO DELETE SOMETHING WHICH WOULD HAVE CONFIRMED THE TRUTH OF THEIR STORY. It is manifestly clear that the recording that was deleted PROVED something NEGATIVE against SPRM… ¶ God Almighty obviously know more, and is All knowing. THE GUILTY PARTIES WILL SURELY RECEIVE THEIR JUST PUNISHMENT. ONLY THE TIME AND PLACE IS NOT KNOWN.”
God saveS Malaysia the day Dato Seri Shafee Abdullah is appointed Attorney-General to replace Tan Sri Gani Patail… these blardy English people who coined this proverb more than 100 years ago must have known something we didn’t…
“FROM FRYING PAN INTO THE FIRE…”
I sincerely hope and pray fellow Malaysians stand up against the UMNO tyrants.
It looks like those in power and with power will always win. What has Malaysia become? Are all these “progress” ? Chung Tat Lim.
Absolute powers corrupted absolutely!