Malaysia: The Crony Attorney-General has plenty to answer for dereliction of public duty


January 29, 2016

Malaysia: The Crony Attorney-General has plenty to answer for dereliction of public duty

 

 

The controversy over the decision not to charge the Prime Minister for any wrongdoing in the RM2.6 billion donation saga continued today when a member of the Malaysian Anti-Corruption Commission’s (MACC) review panel questioned why the Attorney-General (A-G), Apandi Ali, did not help investigators in the probe.

Lim Chee Wee said the A-G was legally obliged to explain why he did not facilitate MACC’s request to access foreign bank statements through the Mutual Legal Assistance (MLA), to check on the money trail of the RM2.6 billion which was credited into Dato’ Seri Najib Razak’s personal accounts. This, he said, was to dispel any speculation of a cover-up.

Lim, the former Malaysian Bar President, said the A-G was also wrong to order the anti-graft body to close its investigations, adding that his power was only to decide whether to prosecute or not.

He said it was “arguable” that the A-G was legally obliged to provide assistance to MACC through MLA.

Corruption

“The A-G is equally obliged in law to explain why he is not facilitating MACC’s investigations of the money trail of RM2.6 billion as disclosed by MACC in its 31 December 2015 press statement, by providing his consent for Mutual Legal Assistance which would allow MACC access to bank statements of banks operating overseas, through which the funds moved.

“Again this would help dispel the speculation of a cover-up by A-G and that the alleged donation is allegedly KWAP money,” Lim said, referring to the pension fund, in a statement today.

He added that the A-G was also under legal obligation to give detailed and satisfactory reasons to the public as to why he disagrees with the recommendation of any law enforcement agency, more so when the investigation involves a high profile suspect, for example a Prime Minister.

“For instance, A-G at his press conference held up a flowchart which showed the flow and utilisation of the funds of the alleged donation.Having done so and regardless, he should give details of the alleged donation and return of part of the donation, and alleged proper use of part of the donation, by assuring the public that he is satisfied with the existence and substantive truth of documentary proof of source, movement and return of funds, and that the funds were not used for personal benefit, for example it was not used to pay for credit card expenses, which is currently the subject of speculation,” Lim added.

Lim also called on the public to assure the A-G of their support to uphold his oath of office, adding that the support of the Malaysian people was worth more than one individual.

“The A-G’s decision to prosecute or not to prosecute can be challenged by any taxpayer in any courtroom, or questioned by anyone in any living room, meeting room, boardroom, or even coffee shop.In other words, A-G does not have absolute discretion in his prosecutorial powers, this is the legal position in Malaysia, Singapore and United Kingdom.

“The A-G must not be fearful of the power nor position of any individual and whilst he may suffer the same fate as his predecessor Tan Sri Abdul Gani if he were to prosecute, he has the support of the public and more importantly he will be upholding his oath of office,” Lim said, referring to the earlier A-G who was removed from office at the height of the investigations into the alleged financial scandal involving the Prime Minister.

16 thoughts on “Malaysia: The Crony Attorney-General has plenty to answer for dereliction of public duty

  1. Forget attacking this guy. The point is Hadi and PAS’s Ulamas says Najib’s UMNO is “lebih mulia dari DAP dan Firaun”..AND this comes at a time where Scorpene case has been proven TRUE, the work done by HERETICS non-Muslims like DAP and their wayward Muslim allies..

    Its time to go after PAS instead and see how confident they are went even PAS can’t help them..

  2. Thank you Lim Chee Wee and now can the public count on you or the MACC Review Panel to do the honourable thing and challenge the AG in court? This is after all a very technical legal matter and there is none more qualified to take this fight up to the AG and his master. Once this ball starts rolling you will find overwhelming support from the legal fraternity and the general population.

  3. I don’t really care too much now to expend my time & effort commenting on this case. My close family members, neighbours & friends have made up our minds which party to vote in the GE14.

  4. Art 145(3) says, “the AG shall have power exercisable at his discretion to institute, conduct and discontinue proceedings.” The UK AG also has similar power. But he didn’t go around saying that only he has absolute discretion to institute proceedings. This article has been in our Fed Const since Merdeka.

    And since Merdeka and until now, thousands of suspects have been brought to court and sentenced to jail without the AG having to decide and give permission whether to institute proceedings or not. And since Merdeka, two AGs did not even get involved in criminal prosecutions and left the decision making process of criminal prosecution to the SG and the DPPs. They concentrated on their jobs as legal advisor to the government and YDPA.

    So this belief that only the AG has absolute discretion to institute proceedings is a lot of bullshit and runs counter to the English criminal justice system which was implanted in all their colonies including Malaysia.

    Read Art 145(3) and there is no word such as ‘absolute discretion’ or ‘sole discretion’. Unless your English is so bad, then you would say Art 145(3) gives the AG the sole discretion or absolute discretion to institute proceedings.

    The fact is in our criminal justice system, which follows the English Legal System, the approval of the AG is not a condition precedent to the initiation or institution of criminal proceedings. Criminal prosecutions are not carried out in the AG’s name but in the name of the Public Prosecutor. That is why the cases are cited as PP v Dato Harun. Only in civil cases do we find citation like AG v Govt of Kelantan.

    In corruption cases, sect 58 of the Macc Act clearly states, ‘ a prosecution under this Act shall not be instituted without the consent to prosecute of the Public Prosecutor’. Granted that the AG is himself the PP, such consent can be issued by the DPP who can exercise the powers of the PP. And in all Penal Code offences, there is no requirement of a consent or sanction or approval of either the AG or PP bf an accused person could be charged in court. The Macc should just arrest and charged Najib under s.403 Penal Code as they proposed. Normally, in such cases & in practice the IPs are sent to the AG to keep him informed of the impending charges. No where is it stated either in the Constitution or Criminal Procedure Code that he can stop such prosecution. But after Najib had been charged, it is no denying that Apandi can use his powers under the Const to discontinue proceedings only if he finds that there is no basis for such prosecution and not otherwise.

    Institution or initiation of criminal proceedings must follow and comply with sect. 128 of the Criminal Procedure Code and not Art 165(3) Fed Const. That has been the law and the practice since Merdeka and until now. The CPC is a complete code for criminal prosecution. No where is it stated in the CPC that the agreement, approval or sanction or consent of the AG must be obtained bf prosecution could be instituted. And no where does it state that the approval, sanction or consent of the AG must be obtained bf proceedings could be instituted.

  5. Why labour any further when it is obvoius the AG is apparently and evidently in breach of his statutory duty by not proceeding to a competent court to detemine the criminal conduct or otherwise of the Prime Minsiter of Malaysia. Should not now a resourceful private citizen or and an NGO lodge a police report Against the AG and proceed to seek relief/adjudication from a competent court, if you can find a suitable one in Malysia. The BAR COUNCIL may well be the most apprpriate stake holder and guardian of the rule of law to inititiate this. Enough of bikeing and whinging.

  6. This man, AG Pandi is enough to exemplify our judiciary and the role they play in carrying out their responsibilities judiciously without fear and favor to serve their master Najib and UMNO stooges. One can now imagine how all this Pandi could have carried out his cases while he sat at Appeal Court.

    A COUNTRY WITH SICK PEOPLE RUNNING THE GOVERNMENT!

  7. If Art 145(3) says, “the AG shall have power exercisable at his discretion to institute, conduct and discontinue proceedings.” it only makes the point that he has the discretion and as such quibbling over Apandi’s assertion that this discretion is sole and /or absolute makes no difference.

    One should not swat a fly (though Apandi is clearly not one) when there is an elephant to take care of and to be fixed. The body politic governing public service is in itself rotten and corrupt. The venal nature of political power holders has imperceptibly contaminated the minds of public officials, particularly the senior and the senior most ones. Many have sold their souls for Datukships/Tan Sri’s, Job extensions, lucrative postings after retirement etc – all serving self-interest.

  8. Asspandi has fulfilled his obligation and loyalty to Najib by “clearing” him of his misdeeds. Asspandi can now sit back, put his legs up and enjoy the rewards of his loyalty well served. Being made a director of cash rich Tabung Haji is the first of many rewards to come. Imagine having the luxury of soaking his hands in all of Tabung Haji’s monies. Donations from Tabung Haji to it’s directors private accounts will be the new flavour.

  9. In his poem “The Masque of Pandora” Henry Wadsworth Longfellow made Prometheus spoke the phrase “Whom the gods would destroy, they first make mad.” Today Malaysia is governed by a bunch of mad men, bringing the country to the verge of destruction. How mad and bad and sad it is.

  10. The replacement of the former AG with the former judge by Najib was to serve the purpose to clear up all wrongdoings in the final chapter. Many law experts and retired judges were against the decision made absolutely by just one man without giving an allegedly corrupted person to clear his name in court.

  11. Dear Somu 6:53 pm

    How about this one — a feudal country with an Emperor with no clothes
    running it (but with a very finely attired Queen). And a court full of fawning courtiers in a Versailles-like environment – out of touch with reality even as the peasantry are crying out for bread (available, but only at ever increasing prices).
    Meanwhile, there is no court jester to point out to the Emperor the folly of his ways and the dire future for his kingdom, and even for him and the royal family.

  12. It’s feudalism at its best. You have the master on one side and the serf on the other. Don’t expect the low-life and pitiful serf to question what his self-serving and deceitful master does or doesn’t do. Don’t trouble the master otherwise he’ll make my life miserable. I’ll lose my gaji, pangkat, title and, worse of all, my pencen. Just do as you’re told. End of story.

  13. Corruption is using public office and power for personal gain
    Shakespeare said, “Love all but trust a few.”
    Niccolo Machiavelli said, “Men are wretched creatures. “

  14. And does the deafening silence of Sultans and Council of Rulers say about all these events or do these Sultans and Royalties steadfast in their belief that “a Muslim Never Tell Lies:” as proclaimed by a senior Judge . Or have this Roayalties, with all their glitering badges and exotic looking outfits have lowered their moral standards that a Muslim praying 5 time a day cannot miisaproriate money that belongs to the public.
    One finds the decadent political culture and practice in Malaysia is mentally challenging and nauseating. What a blind corrupt feudalism of zero value and respect.

  15. The Rulers are the last bastion of our political system from which we seek redress of the wrongdoings committed by the political leaders if all other institutions have failed us so miserably. If
    the very institutions which we all look up to are keeping so quiet then where do we go from here.

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