Matters to Consider from my friend, Syed Outside the Box


December 30, 2015

Matters to Consider from my friend, Syed Outside the Box

abutalibothman

Former Attorney-General Tan Sri Abu Talib said Malaysian Anti-Corruption Commission (MACC) cannot express its views on the investigations on the Prime Minister.  MACC’s role is only to investigate and pass the investigation papers to the ‘mai dari entah mana’ A-G for his decision whether to prosecute the case or not.

Shall we run a poll and ask the people what  they think about the A-G (Apandi Ali)? The very fact that the MACC will hand over the investigation papers to the AG immediately implies that the MACC feels there is a case for prosecution.

It is like this folks, if there is no case or if the MACC has not found anything worth prosecuting, then the MACC WILL NOT HAND OVER ANY INVESTIGATION PAPERS to the A-G.   The MACC will just close the file.  Period. There is no such thing as the MACC submitting an investigation paper to the A-G with the recommendation “Insufficient Evidence” or “No Further Action” or “Case Closed”. It does not work that way.

The moment an investigation file is opened, investigations are completed and the MACC hands the file over to the A-G, then their recommendation will be to pursue the case in court. ONLY then is it up to the A-G to decide whether to prosecute  the case or not. Yes the A-G has the final say whether to charge the person in Court or to declare an NFA (No further action).

Apandi ampu
Mai dari entah mana Attorney-General of Malaysia
 

Our Federal Constitution envisages that the Attorney-General will always be a man or woman of unquestionable integrity.  A fearless person who is honest and will uphold the Constitution (please stop laughing – this is a serious matter).  Unfortunately, thus far, the public does not seem to perceive the ‘mai dari entah mana’ A-G as fitting this shoe size.

The brand new A-G has been revived and brought to life again at the age of 65 when most retirees begin to forget the details of their past careers.The new A-G was brought in after the incumbent Tan Sri Gani Patail was unceremoniously removed  under the most suspicious circumstances and without following normal procedures. The smoke screen thought up in July was that Gani Patail was too sick to perform his duties. Well they forgot to ask Gani Patail about how sick he was because Gani is still walking, talking and doing all the usual things.

Since his appointment, the new A-G has omitted and committed many things, almost all of which appear more and more strange to the Malaysian public. Note the following:

1.  Just like MACC will submit their investigation papers to the new A-G soon, Bank Negara Malaysia (BNM) also submitted their investigation papers to the new AG with a very strong and made-known-to-the-public recommendation that the A-G should prosecute 1MDB for certain crimes.  The A-G acted quite predictably. The Governor of BNM made appeals that the case be prosecuted and yet the answer was the same.

2. The new A-G then held an unprecedented Press ‘conference’ where he read a prepared statement (he did not say prepared by whom) then promptly left the room without taking any questions from the Press whom he had summoned.

3. The new A-G also did not prosecute the Ali Tinju fellow. He said that the video evidence was insufficient. The A-G should explain to the public how cases were prosecuted before the invention of video? Especially a case where multiple witnesses were present.

4.  The A-G did charge Khairuddin and his lawyer, Matthias Chang under the SOSMA for lodging police reports against 1MDB. Here the new A-G again bungled because there is a proviso under the Penal Code to deal with the crime of making of “false Police Reports”.  Perhaps to avoid exactly that, Khairudin employed the services of a lawyer to make sure his Police report was not a false report.  But Khairudin’s lawyer was also arrested and charged. Strangely (this is where the new AG bungled). Khairudin and his lawyer were never charged with making a false Police report. Instead the new AG charged them with ‘economic sabotage’ under SOSMA.  Then the Court threw out their 28 day remand  and Khairuddin and his lawyer have been freed.

5. The new A-G then withdrew the case against that NFC fellow (the husband of the Wanita leader who has pledged her support to the PM) while his trial was already being conducted in Court. The A-G withdrew the case based on a letter written to him by the defense counsel.

6. Back to the 1MDB matter, the new A-G did say that he had advised the PM to give a statement to the MACC.  Then he said that he also told the MACC to “complete their investigations by December 2015″. Isn’t this considered interfering with the investigations? Isn”t it an offence to interfere with an official investigation? The MACC is an independent body.  If the AG gave instructions to the MACC to wrap up their investigations by December 2015, the public will question if he also gave the MACC other instructions?  Why December? Christmas holidays?

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Why didn’t the new A-G advise the PM to go on leave pending the outcome of the investigations?  Surely justice must not only be done but it must be seen to be done as well. So as the Legal Advisor to the government, why didnt the new A’-G tell the PM who is under investigations to go on leave?

Looking at all these strange omissions and commissions in such a short space of time (in just about three months) by this brand new, crawled-out-of-the-darkness A-G,  it is no surprise then that the public has little faith in him. Period.

Many Malaysians have already formed an opinion about what the new A-G will decide when the MACC submits the results of their investigations to him.  He was a former defeated UMNO candidate in the elections. Most certainly the PM did not choose him to be A-G because of his advanced age or his non-projection of a s*nil* appearance.

The PM’s other brown nosers say that the PM should be forgiven as past PM’s too had made mistakes. Well obviously if they are going to destroy the difference between right and wrong, between corruption and justice they have to go all the way. There is a huge difference between making a mistake and committing a crime.

When people make mistakes no criminal investigations are made by Bank Negara Malaysia, the MACC or the Police.  The Police, Bank Negara and the MACC do not investigate ‘mistakes’.  They only investigate crimes.

A mistake becomes a mistake when the outcome of an action is different from what was intended and despite the efforts that were put in. Obviously a mistake happens when there was insufficient knowledge of the risks involved that will cause disaster. You planted oil palms in an area that later suffered serious flooding which destroyed the plantation.It was a mistake because you ignored a river running through the plantation. That would be a mistake. The Police, MACC and BNM will not investigate your mistake as a crime.A crime requires two elements : a niat jahat and then the actions necessary to carry out your niat jahat.  Mens rea to think up a crime and the actus rea to carry it out.

 The question is how many PMs before this
  • set up a company using taxpayers money.
  • got involved with dubious characters.
  • siphoned out money outside the country.
  • then brought it back disguised as ‘donations’.
  • broke their own Bank Negara rules.
  • fired the AG, fired the DPM, removed the head of the SB,  jailed people etc.

All those people were fired, removed, transferred, arrested, jailed  just for exposing a mistake? It is obvious that the people who say this was just a mistake are looking for favours. They are also criminals themselves.

A crime is a crime. If we are required to ‘close one eye’ or ‘close both eyes’ towards crime, then why have laws in the first place? Why do we need the Police, the Courts or the AG? Just disband the Police, the Courts and let the AG go back to being in goodly spirits.

13 thoughts on “Matters to Consider from my friend, Syed Outside the Box

  1. There are enough materials to make a B-grade Hollywood movie without the frills. Ahmad Maslan, the “buat dua tiga kerja court jester” is the right choice to play the lead role.

  2. “Matters to Consider from my friend, Syed Outside the Box”

    “A crime is a crime. If we are required to ‘close one eye’ or ‘close both eyes’ towards crime, then why have laws in the first place?”

    Yes indeed.

    Also to share this…

    “She has this aluminium cupboard that stretches the entire wall of one room and it is full of cash, all lined up in different denominations and amounts”

    Do read the rest of the story in Sarawak Report – Diamond Shopping in Hong Kong?

    Since Christmas till today FLOM is still shopping and she has hidden the plane that flew her….”

    http://malaysiaflipflop.blogspot.my/2015/12/flom-has-cupboard-full-of-cash-at-her.html

    Vanuatu – Half of Nation’s government in prison – http://steadyaku-steadyaku-husseinhamid.blogspot.my/2015/12/half-of-nations-government-in-prison.html

  3. The question is do the Malays think broken institutions are OK in the name of Ketuanan? Face the facts, almost all of UMNO/BN believes which means quite a big population of Malays believe broken institutions are OK in the name of Ketuanan. They think, so long as Malay Agenda are served, believing it serves them personally, broken institutions are acceptable – some even believes these institutions designed not by fully in-controlled Malays, have had in-built bias against them, their destruction is not necessary a terrible thing.

    But the fact is its not OK. Institutions are difficult to built and much much easier to destroy and the UMNO/BN has a poor track record of building any truly good institution at all.

    BUT even worst, do the Malays understand, to perserve what we have, to rebuilt what we need and desperately will need in the future, it means giving up Ketuanan? There is no other option, in order to preserve and rebuilt the institutions, transparency and detailed benchmarking must be done and that means giving up the excuses of Ketuanan. That is too hard for them..

  4. Third World Countries such as Mexico are now facing the demons of the non investment in the rule of law, the judiciary, and policing when the drug trade hits it peak 10 years ago. The argument then was , well all the drugs are going into the U.S. so it is not our problem. Today drugs have become a problem in Mexico with the dealers pushing it Mexico because of the tightening of enforcement in the US. And now a threat by Rpublican Presidential Candidate Trump to build a wall along the U.S.-Mexican boarder.

    Third World Countries have still not learnt that in the affairs of state policy implemented or not implemented today will only show its full impact a decade from now give or take a couple of years.

    We all understand the constitution and the laws of the land. But what many of us have difficulty comprehending is the transparency of its implementation. Sometimes, when we become too affluent we tend to forget the behavioural norms that we must adhere to. This illness is called “affluenza”. Third World Countries that want to become High Income Developed Nations have to keep an eye on the ball of rule of law if they ever hope to reach that status.

  5. All this type of write up does is to make us angry but we are helpless to do anything about it.By controlling say 1000 people the PM can control 30millions people and the country and all our cry and anger will not change this.The only hope is that we may be able to throw him out in the next election but its just a may be and if successful we may end up with a new PM with the same personality after the usual grace period full of promises.This is life and it sucks.

  6. OutSyed the Box is one of my favourite blogs and its among the first one I visit every morning. (Note: It’s not Outside the Box).

  7. Where does it say that MACC cannot express its views on completed investigations it has referred to the AG? If the AG says so, under what authority does he derive this power?

    If MACC recommends prosecution and the AG decides otherwise (and also the reverse of it) is it not incumbent upon the AG, if not both parties, to give some explanation for their decision to the public (especially on a high-voltage case involving a sitting PM) for transparancy?

    A completed case file being referred to AG does not necessarily mean that MACC is recommending prosecution. It can also mean that MACC sees there is no merit or credible evidence to proceed with the case and as such recommends no further action. MACC is an independent autonomous body. I suppose it can, if it wants to, challenge in a court of law, the prosecution of a party by the AG, where the former’s recommendation (for example) was no further action to be taken on account of there being no primac face case to proceed with.

  8. Think Inside the Box, Think Outside out the Box. This is all very catchy. Actually when it comes to thinking there is no Box. The only Box is the universe. We should think in the context of the universe.

    2016 is going to be the Year ar of the Internet. Ideas and clash of ideas in not going to take place on TV screens. The platform is going to be the Internet. Arguments by individuals will belt the globe at the click of the mouse and there will be a kind of equality of opportunity to air your individual views. The States and Corporation will find it more and more difficult to rely on agreements that have Non Circumventions And Non Disclosure. For the good or bad all will be on the www. Gap between perception and reality will get even wider and both sides of the divide will have to argue their case on the Internet to narrow the gap. The ball will be at the feet of the States to contribute towards the narrowing of the gap through transparency in the implementation of policies.

  9. I think I know how the AG will decide on the MACC report but I am NOT going to tell anyone, just in case I may be making a mistake. I don’t wish to be arrested for making any mistakes.

  10. We knew that Gani Patail was useless but this Aspandi fella takes the cake. Not only is he worse than useless, he is a threat to justice and society. No wonder the Bar Council would not even acknowledge him nor touch him with a 10 foot pole. He will answer to his karma and the Almighty for his sins committed.

  11. Quote:- “I don’t wish to be arrested for making any mistakes”

    Don’t worry. We Malaysians, being a magnanimous lot, (following the example of HRH the Sultan of Johor), will give you a 2nd Chance, maybe even a 3rd or 4th Chance.

    How will the AG decide, regardless of what the MACC recommends?

    Well, remember the recommendations and even appeal of Bank Negara to the AG not too long for some sort of action against 1MBD for alleged breach of BNM Rules, of which the AG found no cause for any further action, and even chided Zeti and put her in her place?

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