My friend Abu Talib responds to this UMNO Fella Apandi


February 8, 2016

My friend Abu Talib responds to this UMNO Fella: A-G Apandi

by V. Anbalagan, Assistant News Editor

My principle is to assist them in the performance of their duties and responsibilities.It was also my directive not to prefer any criminal charge on any suspect unless the prosecution has sufficient, credible and admissible evidence to justify prosecution.–Tan Sri Abu Talib Othman

Former Attorney-General Tan Sri Abu Talib Othman today said he had never directed investigation agencies, including the anti-graft body, to stop their probes.

“My principle is to assist them in the performance of their duties and responsibilities. It was also my directive not to prefer any criminal charge on any suspect unless the prosecution has sufficient, credible and admissible evidence to justify prosecution,” he said.

Current A-G Tan Sri Mohamed Apandi Ali had said he had followed in Abu Talib’s footsteps when he ordered the Malaysian Anti-Corruption Commission (MACC) to close its investigations into the RM2.6 billion donation and RM42 million SRC International funds deposited in prime minister Datuk Seri Najib Razak’s private accounts.

“I am just following my master’s footsteps. Now he said I couldn’t do that. I am confused.I hope he can come to see me so that I can offer my explanation,” Apandi reportedly told Sin Chew Daily in an exclusive interview.

Apandi was a senior officer with the Attorney-General’s Chambers (AGC) in the early 1980s when Abu Talib was the A-G. Abu Talib last week told The Malaysian Insider that the A-G, who is also the public prosecutor, had no authority to order MACC to close its investigations into the two cases.

“This is a case of public importance that has attracted worldwide attention. The A-G must help MACC to collect evidence as the source of the fund is outside Malaysia,” Abu Talib had said.

Today, Abu Talib said Apandi should refresh his memory of cases where he had directed an on-going investigation to be closed.”Frankly, I cannot remember,” he said.

Abu Talib also said Apandi would not have been in a confused state of mind if he had indeed followed in his footsteps.

“His decision in the circumstances has raised more questions than solve the allegations against the Prime Minister, the status of other investigations related to the activities of 1MDB and persons connected with the company,” he said.

He said that in all fairness to Najib and the public, and mindful that the RM2.6 billion came from outside Malaysia, Apandi should have given all the necessary assistance to MACC to complete their investigations.

“It may well be that at the end of the day, Apandi will find enough evidence to show that Najib had done no wrong under the law,” he added.

The public, said Abu Talib, was not likely to question Apandi’s decision (to clear the PM of criminal wrongdoing) if he had allowed MACC to collect evidence outside Malaysia.

“As it is, Apandi’s decision appears questionable and has cast negative perceptions on his impartiality, commitment to justice and rule of law,” he added.

Abu Talib said he was not answerable to Apandi and that he was free to exercise his constitutional right to comment on a case of great public interest, so long he did not cross the limits of freedom of expression.

“My comment is clear and made in good faith. There is nothing further to explain,” he said.He added that Apandi was welcome to see him if he wanted to learn and know more about the law.

 

11 thoughts on “My friend Abu Talib responds to this UMNO Fella Apandi

  1. Dear din, writing comments is never my cup of tea, but I am compelled to do in response to “your friend” the ex attorney general..let me start by saying that birds of the same feather flock together..Abu talib, ghani, and apandi..they all have one purpose to serve their political masters..
    1. Abu talib..who could ever forget the case of evidence being destroyed in the case of the porn star wanna be vijandran..
    2. Ghani..the malicious and political prosecution of anwar Ibrahim,..the rubbish spewn in our local newspapers ..who could forget the “mattress”,
    3. Apandi..this disgusting of a human being can only be mention in the same breath as faeces
    The only difference that I can tell between this unethical self serving attorney generals is if I were to rank them from bad to worst in “your friend” the attorney general being the best among the worst..only because it wasn’t the digital back then in the 90’s..what say u din!!
    _________________
    Of three, Abu Talib is probably the most benign. He told me that RSGC a few years back that he would not charge anyone unless he knew he could win the case in court. That means he must be satisfied with the evidence. He will not use his powers to persecute a citizen for political reasons or put people into emotional and financial hell in the courts and then lose. Both Gani and Appandi,on the other hand, have no qualms about using their powers to protect their boss. Obviously, you and I differ. I am sure other commenters on this blog are entitled to theirs.–Din Merican

  2. Clearly Apandi after going into private practice doesn’t know how the criminal justice system works. Any idiot will know that in the criminal justice system, you have the investigating authority, the prosecuting authority and the adjudicating authority(courts). They are independent of each other but operating in a system of check and balance . Each operates in an independent professional manner but complementing each other to ensure that all criminals are brought to book to ensure justice, law and order prevails in a society.

    We now have a clown, who is more concerned to ensure that the biggest criminal of all is not brought to justice. He also uses his office to ensure that the investigating authority stops investigating so that more criminal wrongdoings of the above said criminal is not uncovered. This makes Apandi a big time criminal himself.

    The law is simple. If you protects a criminal, you are a criminal yourself.

  3. Interpretations can change and do change with times as and when with the view of a higher level officer or current holder of post who can have a different view from that of his predecessor or even juniors or public.
    This was explained to me by one of my colleagues during audit days when my then current senior disagreed with my view which was accepted when earlier I was in a more senior positions as a seconded officer.
    Seniority/might always is right. This is illustrated regularly as in the case of court judgement when court decisions are changed on appeal from lower to higher courts.
    Former AG may be considered right but only when he held the position and may be of little consequence as the opinion of the current AG will be considered legal.
    Legality cannot be equated with justice as many laws may be considered unjust by many but legal and both ‘legality’ and ‘justice’ are based on the view of the holder of post of power.

  4. We can recollect the brickbats and calumny thrown at Abu Talib when he was the AG. Both are in the same boat and the issue is who is the lesser evil.

    MACC is supposed to be an independent body and it should not be dictated and controlled by PMO. And so should be the post of AG (he should not be one carefully handpicked to fix the Opposition whenever he can, and do the opposite to defend and protect the PM and Government when there are tons of evidence of wrong doings.

    The selections should have the consensus of both the Government and the Opposition. Each side should submit three names in order of preference. If no settlement is reached on a common candidate, the lists should be submitted to the Agong for His Highness to choose and approve.

  5. Apandi Ali is a PUBLIC MENACE – a NATIONAL SECURITY THREAT. The reason he is different is besides willing to go further than his predecessor in abuse his power, his master is weak AND incompetent. A weakling godfather, the most powerful capos will wreck havoc.

  6. Appealing to Apandi to behave within the law is laughable.

    His future Tunship and share of the loot are assured.

    I feel a surge of pity reading the torrent of semi-educated Chinaman English flooding M’kini and TMI; nothing is ever good enough for them, and there are the repeated calls to “kick out BN in GE14” (wow, who’d have thought? Brilliant idea!) without facing the truth that there will likely not be a GE14 – or if there is, do you think criminals of the calibre of Najib, Umno and Apandi are going to play fair? If you can get away with blatant violations of the MACC Act and Penal Code, why bother counting votes accurately? Stealing public money, stealing an election, what’s the big deal?

    These blinkered urbanites are going to get the shock of their lives in the next 3 years, when the Internet is completely censored, social media is monitored by thousands of drones, and anyone who remarks even mildly on the pink-lipped buffoon is going to be hauled off to jail. You ain’t seen nothing yet.

    Yet all they can do is insult those who may have a faint hope of rescuing them. So Mahathir is useless, Mukhriz is useless, the Rulers are useless, the Malays are useless. Thrown a life preserver, they complain that they don’t like the colour of the rubber ring, even as their lungs fill with water and they die. Oh well. Run off to Singapore and Australia while you can, seriously.

    What about the rest of us, who cannot run?

    The only thing that can stop the incipient dictatorship is the allegiance of the armed forces to their Constitutional commander, the Agong. By right when the current YDPA steps down in 2016, Kelantan should be next, but will he ascend? Or will Pahang potong queue? Either way it’s only an assertion of right over might by the Conference Of Rulers that can force the evil Minangkabau bitch to pause for thought. Force does not have to be used, but the implication must be there. However, many army top brass are in the ummmmm, “blessed position” of the KBU – the culture of kickbacks tends to overwhelm any other form of allegiance.

    Cash Is King. As long as there is Cash, she rules.

    So that’s the prognosis – either the Conference Of Rulers cuts the head off the snake in the next few months, or the snake becomes a giant, poisonous serpent that kills off Malaysia after robbing us blind. It’s a stark choice. Forget elections, democracy, civil society, polite calls for good governance – these will all be crushed mercilessly.

    Not pretty, eh?

  7. I dunno’ about you folks but I like what Ferdi writes, here and on other threads. About the only thing he/she got wrong….maybe not wrong but surely incomplete is this part :

    “I feel a surge of pity reading the torrent of semi-educated Chinaman English flooding M’kini and TMI; nothing is ever good enough for them,…”

    Which should be :

    “I feel a surge of pity reading the torrent of semi-educated Chinaman English flooding M’kini and TMI; nothing is ever good enough for them [except the DAP]….,

    Anyway, it’s no point appealing to the rule of law or the better instincts of the pond scum who really control this country.

  8. Does this all mean that some of the top government leaders in Malaysia do not know the exact terms of reference of their positions or do not care even if they go beyond their terms of reference? If so, then this sad for the country.

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