Najib will have two eyes meeting with his Finance Minister on 1MDB


Phnom Penh

dinat UCThis is a parody of sorts. It is arguably one of the best jokes I have heard on the 1MDB Scandal in recent months. Yet it rings true because it is what I had suspected for a long time. Prime Minister Najib Razak has been talking to himself and sleepwalking in the wee wee hours of the morning. He has been trying to convince himself that 1MDB has no problems whatsoever. Tun Dr. Mahathir, Tony Pua and Rafizi Ramli in the Opposition and the rest of us are making 1MDB the pretext to demand his resignation. It is the Finance Minister who should take full responsibility.

On his instructions the MACC with Tunku Abdul Aziz as its adviser cum leader of the investigation team will now look into the matter, leaving no stones unturned. I am sure that given MACC’s sterling record, they will recommend to the Attorney-General that the Minister of Finance should be charged for corruption and fraud.

The Auditor-General who will absolve the Prime Minister of any wrongdoing will likely find that Chairman Lodin Wok Kamaruddin and other 1MDB Directors have failed to perform their fiduciary duty diligently, and the management team led by a certain hot shot Mr. Arul has been dishonest and there is sufficient evidence to prosecute them. For that, Prime Minister deserves our applause for taking decisive  action to bring the 1MDB saga to a closure.–Din Merican

najib-n-obamajpg

Najib will have two eyes meeting with his Finance Minister on 1MDB

PUTRAJAYA: Govt sources confirmed today (May 25) that upon his return from Japan, Prime Minister Najib Razak will attend a private two-eyed meeting with the Finance Minister to discuss ongoing problems with the heavily indebted 1MDB wealth fund.

“The PM knows ultimately the buck stops with him,” said a source, “but given 1MDB is a subsidiary of the Ministry of Finance, the Finance Minister must shoulder some responsibility for the rampant mismanagement of the nation’s funds.”

“Also attending the meeting will be 1MDB’s Chairman of the Board of Advisers as 1MDB was his idea, and was likely fully-aware of the fund’s unfortunate investment decisions.  The BN Chairman and President of UMNO will also sit in to weigh the damage 1MDB’s land sale to Tabung Haji did to the government’s credibility.”

Political transparency watchers were impressed with the move, “Hopefully with these great minds attending the two-eyed meeting we may soon learn ultimately who is responsible for this costly 1MDB train wreck!”

  – See more at: http://fakemalaysianews.com/2015/05/25/1mdb-crisis-pm-to-sit-down-with-finance-minister-in-special-two-eyed-meeting/#sthash.czTEAs6R.mINjonjH.dpuf

Why is MACC and Abu Kassim so dishonorable in the Trial of Rosli Dahlan?


April 6, 2015

READ THIS:

http://www.malaysiakini.com/news/294390

Breaking News! Why is MACC and Abu Kassim so dishonorable in the Trial of Rosli Dahlan?

by Din Merican

 Abu KassimTake Responsibility and Apologise

This morning‎, the trial of Rosli Dahlan against Utusan Malaysia, the Malaysian Anti Corruption Commission and 15 Other Defendants was supposed to start before High Court Judge Datuk Su Geok Yam. The courtroom was packed with reporters, Rosli’s wife and family and MACC officers. Also seen were Dato Ramli Yusuff and Tan Sri Robert Phang.

Judge Su noted that a majority of the Defendants including Chief Commissioner Tan Sri Abu Kassim and Kevin Morais, the source of all these problems, were absent. Instead the MACC appeared through 6 counsels including 2 paralegals. The most notable was that MACC is no longer represented by the Attorney General Chambers but by private senior lawyer Tan Sri Cecil Abraham.

Now, that’s an expensive switch! In a turn of events, counsel for Utusan Malaysia informed the court that they want to settle the case and want to make a public apology to Rosli Dahlan in open court. ‎ This is great!

Utusan has crumbled even before the trial starts. Judge Su invited Rosli to come forward and sit in one of the counsel’s chairs while Rosli’s wife, family and friends then listened attentively to senior Legal Manager ‎ and company secretary of Utusan Encik Shirad Anwar reading the following public apology in open court: “

1.On  October 12, 2007, while the Muslim community were preparing to celebrate Hari Raya Aidilfitri, we had published a news article about the arrest and prosecution of Lawyer Rosli Dahlan with the title “Police Lawyer failed to declare asset charged in court today” (“the Article”)

2. Shortly after the publication of the Article, upon demand by Lawyer Rosli Dahlan, we had among others, on  April 15, 2008, published at page 4 of Utusan Malaysia newspaper, an unconditional and unreserved Public Apology to Lawyer Rosli Dahlan (hereinafter referred to as the said Public Apology”), the contents of which are as follows.

3. That we had made several allegations which were untrue against Lawyer Rosli Dahlan as follows:

3.1. That he is a Singapore citizen who carries out legal practice in Malaysia, whereas he is truly and indeed a Malaysian citizen;

3.2. That he has breached the laws of the country by refusing to make an asset declaration, whereas he had indeed made the said declaration;

3.3. That he had hidden the asset of a Senior Police Officer who was under investigation by the ACA (Anti-Corruption Agency), whereas he never did that;

3.4. That he is of malevolent character and had acted deceptively in his dealings to frustrate the ACA investigations, whereas he had always fully co-operated with the ACA and his actions were always within the requirements of the law.

3.5 Our said article has given a totally wrong depiction of Lawyer Rosli Dahlan as a foreign lawyer who had acted in a manner contrary to the proper behaviour and ethics of an advocate and solicitor.

3.6 We acknowledge and expressed our deepest regrets that the said 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 Yusuff who at that time held the post of Director of the Commercial Crime Investigation Department of Police Di-Raja Malaysia.

4. We hereby again, upon request and with the consent and express agreement of lawyer Rosli Dahlan, repeat the contents of the said Public Apology referred to above and hereby again unconditionally and unreservedly apologise to lawyer Rosli Dahlan for our said untruthful article and we regret the damage that we have caused to him.

5. We further acknowledge that lawyer Rosli Dahlan has been conclusively discharged and acquitted by the court from all charges made against him by the ACA which is now known as the Malaysian Anti-Corruption Commission (MACC).

The question on everyone’s mind is why then is MACC not apologising? Why waste taxpayers’ money engaging expensive Cecil Abraham to defend a wrong that was committed to an innocent professional? I say to MACC – be honorable. Own up, apologise and pay up! Don’t waste the Courts’ time and taxpayers’ money to defend yourself.

Shafee Abdullah advised to act professionally


February 19, 2015

 Shafee Abdullah advised to act professionally

by Gurdial Singh Nijar@www.malaysiakini.com

COMMENT Several interviews in national daily newspapers given by the lawyer engaged as a prosecutor, Muhammad Shafee Abdullah, have reignited issues surrounding the conviction of Anwar Ibrahim.

SHAFEE ABDULLAH_DIALOG_FORUM

In a rather brutal attack on Anwar, whom he helped put away for a five-year jail term, Shafee implied that the accused would have been torn to shreds if he had testified, instead of giving his ‘evidence’ from the dock. He labelled Anwar a ‘coward with something to hide’.

I do not recall any such condemnatory remarks being ever made publicly by the former lawyers from the Attorney-General’s Chambers who conducted the prosecution at the earlier two judicial tiers – the High Court and the Court of Appeal.

Such statements seem to be at odds with established ethical standards – as applicable to lawyers appearing as defence counsel or for the prosecution. Shafee was enlisted as a prosecutor only for this case – over the strenuous objections of Anwar’s legal team.

He remains a member of the legal profession and subject to the rules promulgated under the Legal Profession Act 1976. These Practice and Etiquette Rules 1978 have the force of law.

One particularly relevant rule forbids lawyers from publicising their feats. Rule 13 says that it is contrary to etiquette to solicit reporting of any matter in which a lawyer has been professionally engaged. The rationale for this is to prevent lawyers with money, or connections, or both from advertising themselves; and securing an advantage over other lawyers.

The Bar Council has in the past disciplined lawyers for infraction of this self-publicity rule.Secondly, a lawyer acting in his capacity as a prosecutor is a custodian of the public interest, as represented by the Attorney-General’s Chambers. He is there to present the evidence in an even-handed manner.

A lawyer has to act with fairness in a trial

The rules repeatedly make it clear that a lawyer is to act with fairness during a trial; not to insult or annoy witnesses with his questions. This must, perforce apply as well to situations after a trial.

It is not his role to overstate the case or seek vengeance, much less to savage an accused after he has been convicted. Shafee’s recent declaration that he is ready to swear to the guilt of the accused in a religious place is, with respect, way beyond a prosecutor’s professional brief.

Judicial history is replete with cases of miscarriages of justice occasioned by a prosecutor’s failure to appreciate the ambit of his role.

One such United Kingdom case was made famous by the award-winning movie ‘In the Name of the Father’, where convictions of eight accused persons were set aside when it was discovered, quite fortuitously many years after the conviction, that an over- zealous prosecutor had concealed exonerating evidence from the court.

This is not to suggest, for a moment, that the Anwar Sodom II case is similarly infected – although the defence maintains that it was precluded from presenting the full evidence on ‘conspiracy’.

A prosecutor must at all times be professional

It is to emphasise that a prosecutor must at all times maintain a professional and equanimous stance in the conduct of a case. And this must be clear at all times – not just before and during a trial – but crucially even after a case is concluded.

The rather brutal assault of the convicted Anwar goes beyond a self-congratulatory proclamation by Shafee of his forensic brilliance ‘if Anwar took the stand’ – predicated on an entirely hypothetical situation. (The Rules also forbid lawyers from referring to facts that they are unable to prove.)

It could be perceived (rightly or wrongly) as manifesting an implacable hostility to an accused. It leaves the public guessing as to how much of this could have influenced the conduct of the case – wittingly or otherwise.

Already leading members of the Bar, including several past presidents, have deprecated such conduct. Given the interest that this case has generated worldwide attention, would it not have been more prudent for this prosecutor to refrain from making comments that could needlessly erode the standing of the country and its judicial apparatus?

GURDIAL SINGH NIJAR is a law professor at University of Malaya.

Kassim Ahmad: Stay Granted vs JAWI!


January 14, 2015

Newsflash: Breaking News

Kassim Ahmad: Stay Granted vs JAWI!

by Din Merican

Last week January 6, 2015, Public Intellectual Kassim Ahmad was devastated that Judge Asmabi dismissed his Judicial Review application despite seeing all the illegalities committed by JAWI in breaching their own laws, the laws of other states and the Federal Constitution just to arrest Kassim Ahmad and abduct him to Kuala Lumpur.

On January 8, 2015, Kassim’s lawyer Rosli Dahlan filed his appeal to the Court of Appeal. On January 9 the lawyer filed a Stay Application to hold back the syariah prosecution from proceeding. On January 10, Judge Asmabi Mohamed heard arguments from Rosli Dahlan and Senior Federal Counsel Shamsol Bolhassan. Judge Asmabi orderd the court’s doors to be locked and declared the open court as her chambers. Reporters were barred from coming in.

Rosli further argued that the warrant of arrest issued by the Putrajaya Syariah subordinate court was in breach of the Federal Territory Syariah Criminal Procedure Code (FT Syariah CPC) and Kedah Syariah Enactments. Kassim, argued Rosli, was wrongfully charged before the Syariah subordinate court and hence the charges were also illegal.

Rosli  argued that the warrant of arrest issued by the Putrajaya Syariah subordinate court was in breach of the Federal Territory Syariah Criminal Procedure Code (FT Syariah CPC) and Kedah Syariah Enactments.Kassim was wrongfully charged before the Syariah subordinate court and hence the charges were also illegal.

Judge Asmabi also fixed clarification and decision to this morning January 14. However, this morning was also fixed for the Syariah Trial. The Syariah prosecutors refused to back down. They disregarded Rosli’s request for postponement. They insisted that he must come. But Rosli can’t be in two courts at the same‎ time, one in Jalan Duta and the other in Putrajaya.

Rosli laid down these facts to Judge Asmabi including the fact that JAWI instituted disciplinary action against Rosli for acting for Kassim in filing the Judicial Review. They wanted to disqualify him from ever appearing in the Syariah Court. They wanted to make sure that they do not have an opponent like him ever again.

Finally the Judge saw how oppressive JAWI can be.‎ Finally something pricked the Judge’s conscience after Rosli showed all the facts and the law that are all in Kassim’s favor and there was just no reason for the Judge to still rule against Kassim. Finally, Rosli’s perseverance paid off. And it helped that this morning reporters were in court to hear further arguments from Rosli and SFC Maisarah which clearly showed that the facts and the law were all in Kassim’s favor. Rosli was unmincing in his words in pointing out that the Federal Counsel had misled the court in the cases cited.

Just now at 12.30, Judge As‎mabi relented. She held that the civil High Court can stay JAWI and the Ketua Pendakwa Syarie from proceeding with the Syariah Prosecution in the Syariah Court. ‎Rosli thanked the Judge profusely and then ran off to go to the Syariah Court in Putrajaya. What drama!

Congrats to Kassim Ahmad. Congrats to Rosli Dahlan. And shame on you JAWI and the Ketua Pendakwa Syarie for acting in such oppressive way. In the end, that became JAWI’s undoing. In the end, the Judge had to look into her conscience and decided enough is enough. Kudos to Judge ‎Asmabi.

Much as the Judge did wrong in not granting the Judicial Review, she still had judicial wisdom and conscience not to perpetrate an injustice. Kassim Ahmad is 82 yrs old, frail and sickly. What good does JAWI achieve in doing all these? In the end, JAWI will only earn public displeasure and disapproval.

To Kassim and his lawyer, I say well done. I say your fighting spirit will help develop a more robust law. Your fighting spirit will inspire younger people that the history of Man has shown that you cannot imprison the mind.

That is what democracy is about. That is what the Rukun Negara states that Malaysia shall be a democratic society where pluralism of cultures and beliefs are embraced and liberal ideas shall flourish. Judges must therefore uphold the philosophy of the country and the Federal Constitution!. Hidup Malaysia!

READ: http://www.themalaysianinsider.com/malaysia/article/jawi-barred-from-acting-against-kassim-ahmad-rules-court-bernama

Justice is seen to be done : The case of Rosli Dahlan


November 24, 2014

Justice is seen to be done: The Case of Rosli Dahlan

by Din  Merican

‎My young friend Rosli Dahlan has been in the news a lot lately. He defends cases which most Muslim lawyers won’t want to even touch with a 10 foot pole. He was the Borders lawyer who successfully declared that s.13 of the FT Syariah Criminal Offences Act was ultra vires the Federal Constitution.

Then Rosli got embroiled in the Kassim Ahmad case and made a forceful argument exposing that JAWI acted illegally in arresting Kassim in Kedah and abducting him to KL.‎

What was more alarming to most Muslims was that he exposed that the Syariah Court is just an inferior court and even inferior to the magistrates court! But unknown to many, Rosli faces his personal tribulations alone.

Today, his own case came before the Court of Appeal. Some of you may recall that Rosli had sued the AG‎ Tan Sri Gani Patail, MACC Chief commissioner Tan Sri Abu Kassim, former IGP Tan Sri Musa Hassan and various officers of the MACC and AG Chambers including Dato Nordin Hassan and Dato Razak Musa (of Teoh Beng Hock fame). Rosli had faced many obstacles when the AG filed all kinds of application to prevent the case from coming to trial.

Readers will remember that A-G Gani Patail claimed that he had absolute immunity to do what he wants including fixing innocent citizens like Rosli. In that case, the High Court Judge Wazeer Alam Mydin Meera ruled that ” the claim of absolute immunity is anathema to modern notions of accountability”. A-G Gani was not happy and appealed to the Court of‎ Appeal. So, today was the A-G’s appeal.

before being made a judge, said he agreed that deliberate abuse of power by those holding a public office was misfeasance in public office.

As if it was not enough that Rosli had to face 3 Tan Sris, ‎A-G Gani Patail then engaged senior counsel Tan Sri Cecil Abraham to act for him. Many will recall that Tan Sri Cecil Abraham is implicated in the PI Bala case. That makes 4 Tan Sris against Rosli.

RD vs 4 Tan Sris

RD vs 4 Tan Sris

It seems that Tan Sri Cecil Abraham filed a last minute Written Submissions only yesterday at 3.45pm to throw Rosli’s counsel off guard. The appeal came on this morning.

‎In an apparent show of impartiality, Judges Dato Alizatul and Dato Nalini recused themselves when it was pointed out that Justice Alizatul had dismissed Rosli’s Judicial Review Leave application which challenged the very MACC notice for which he was charged and which the Trial Judge later held to be void notices.

At the same time, Judge Nalini recused herself after saying this is a high profile case involving A-G Gani Patail and she had sat in the panel that dismissed NST’s appeal when the High Court Judge Siti Khadijah Badjenid found NST and MACC liable for defamation and for breaching s.21(4) MACCA and ordered damages of RM300k to be paid by NST and MACC to Rosli.

I feel sorry for Rosli that he had to go through all these obstacles just to see his day in court to redeem himself. The incident happened in 2007. Today is 2014. It’s been 7 years and yet the case is not even anywhere near a trial date because A-G Gani Patail just does not want to face Rosli in court. That is what guilty people do, they do not want to face their Day of Judgement.

I also feel sorry for Rosli because his case is being treated like a joke when the Court of Appeal has now fixed the next hearing date on 1st April 2015 which is April Fool’s Day.

I say to Rosli- don’t be daunted.‎ God will protect you and will give you the last laugh. That’s how it has been for the last few cases where Rosli has won all the cases and the AG has been soundly beaten like in the Judgement by Judge Wazeer Alam. To the Justices‎ in our courts, I say to you – give the man the justice he deserves and don’t throw technical obstacles to protect these rogues in government. The higher titled they are, the harder you must come down on them. Let Justice be seen to be done!

Read this and don’t forget to help defend freedom:

https://dinmerican.wordpress.com/2014/10/16/fund-for-kassim-ahmad-and-other-persecuted-activists/

Presenting YAM Tunku Zain Al’ Abidin Ibni Tuanku Muhriz of IDEAS.


October 2, 2014

Presenting YAM Tunku Zain Al’ Abidin Ibni Tuanku Muhriz of IDEAS.

I have chosen to present to you YAM Tunku Zain Al’ Abidin Ibni Tuanku Muhriz of IDEAS. His views are interesting and should provoke some discussion among my readers who comment on this blog. His talking about fault lines in our country. Listen to the promising young personality from the Royal Family of Negri Sembilan and share your reactions to his talk. –Din Merican