Mr. Broom Giver goes to Kajang Jail for Corruption

September 30, 2015

steve-jobs-quoteHave a Conscience and Follow Your Inner Voice

COMMENT: Khir Toyo was once a powerful man. He thought he could do what he liked including dispensing insults to people. He abused power and betrayed the trust of the people of Selangor he pledged to serve. Now  he is a felon. What a turnaround in fate for this UMNO leader. There is no point expressing regret for past actions. As the Malay saying goes , nasi sudah jadi bubor.

Let Khir Toyo’s conviction and imprisonment be a lesson to corrupt Malaysian politicians that the law has long arms. It will get them sooner or later.  Allow me to leave them with a message from Mahatma Gandhi, my role model of frugal life and humility.–Din Merican

GandhiGandhi quote

Mr. Broom Giver goes to Kajang Jail for Corruption

Khir ToyoMr. Broom Giver gets what he deserves

by V. Anbalagan, Assistant News Editor

Former Selangor Menteri Besar Dr Mohamad Khir Toyo ‎was sentenced to 12 months’ jail for abusing his power while in office to purchase a land and a bungalow in 2007. Federal Court judge Tan Sri Zulkefli Ahmad Makinudin, who delivered the verdict, also upheld the decision of the lower court to forfeit the property.

He said community service as suggested by lawyer Tan Sri Muhammad Shafee Abdullah was not appropriate in this case. “The instant offence, which is destructive of public confidence in the government, was not trivial in nature,” he said.

He said Dr Khir as public servant had abused his position to buy the property with inadequate consideration.

Dr Khir’s sentence begins today. Khir can apply for a pardon‎ before the Sultan of Selangor. Last week, the apex court dismissed Dr Khir’s appeal when the bench affirmed the conviction of the lower courts.

Judge Tan Sri Jeffrey Tan Kok Hwa, who delivered the unanimous ruling of the five-man bench, said the prosecution had proven its case beyond reasonable doubt. “All the ingredients of the charge had been proved, including whether he was a public servant,” he said in delivering the unanimous verdict.

Graphic for Toyo

Dr Khir was calm and composed when the judgment was read out in the packed room. The audience consisted of his family members, supporters and the media.He will serve his jail term in Kajang prison.

Dr Khir was previously on RM750,000 bail pending his appeal being exhausted.Shafee told reporters that Dr Khir would also likely lose his pension as former menteri besar and Pasir Panjang assemblyman.

The law states that any elected or former elected representative who is fined RM2,000 or jailed a minimum of 12 months will lose their remuneration. Shafee said pardon was an option but the defence was exploring other possibilities, which he declined to reveal.

It is learnt that an option was to seek a review of the Federal Court ruling on grounds that an injustice was caused to the accused.

“We were shocked by the finding of guilt by the Federal Court as we had hoped for an acquittal. We had also hoped for a lenient sentence after this court last week upheld the conviction,” he said.

Shafee said he had been instructed by Dr Khir to initiate contempt proceedings against The Sun newspaper for publishing two articles that attempted to influence the judges. In today’s judgment, Zulkefli said corruption in all manner and form could not be condoned and that a fine would not send the message.

“Neither would community service. In any event, community service is an option only in the case of youthful offenders and not applicable to the appellant (Dr Khir ),” he added.

He said imprisonment was the right and proper sentence although the prosecution did not appeal to enhance it.The judge said that in dismissing the appellant’s appeal against lenient sentence, the court also took into account public interest and that the punishment first imposed by the trial court was not manifestly wrong.

Zulkefli said the forfeiture of the property was ordered in accordance with Section 36 of the Prevention of Corruption Act 1997. This legislation was used as the offence had been committed before Malaysian Anti-Corruption Commission Act came into force in 2010.

“The said land was not arbitrarily forfeited. It was a lawful deprivation. There was no breach of Article 13 (1) of the Federal Constitution,” he said in reference to contention of the defence that the accused would be deprived of his property. Dr Khir and his wife are the registered owners but the court said the forfeiture was subject to the charge, if any.

Death of Kevin Morais: MACC should settle and let him rest in peace

September 23, 2015

Death of Kevin Morais: MACC should settle and let him rest in peace

by Din Merican

Mahatma-GandhiFreemalaysiatoday (FMT) and all the news portals reported about the effect of Kevin Morais’ death on the case of  abuse of power and malicious prosecution that my brave and brillaint friend Lawyer Rosli Dahlan had initiated against former A-G Gani Patail, Kevin Morais, Abu Kassim and 11 other defendants.

A case that can teach MACC to be humble


These are the people who did bad things to Rosli. FMT correctly asked what has become of the MACC and the key players that are supposed to combat corruption but instead was used as a tool of oppression against an innocent man?

It appears that the MACC is now almost decimated and its reputation in complete tatters. The MACC’s No. 1 and No. 2 are now nowhere to be seen since the 1MDB fiasco and RM2.6 billion found in PM Najib Razak’s Private Banking account.

MACC’s Adviser Tan Sri Rashpal Singh, Head of AMLA Jessica Gurmit Kaur, and prosecutor Ahmad Sazilee Abdul Khairy were arrested together with two MACC directors Bahri Md Zain and Rohaizad Yaakub, who were then transferred to the Prime Minister’s Department..

ts-abu-kassimMACC’s Tan Sri Abu Kassim (above) named as the 1st Defendant in Rosli’ suit is said to be recovering from a back surgery as a camouflage for MACC’s inaction. Many including me remain unconvinced and have called him a general who abandoned his troops in the middle of a battle. MACC officer Mohan Muthaiyah, who brutally arrested and handcuffed Rosli until his wrist bled, was himself charged for corruption and was convicted.

Rosli-DahlanA-G Gani Patail himself was unceremoniously sacked and has totally disappeared from public eye. And most recently, Kevin Morais’ dead body was buried cast in cement in an oil drum. Such a tragic and grisly death. So what happens to the case against them?

FMT mentioned about Rosli’s 2012 letter to Abu Kassim which is very prophetic:

“I implore you not to allow this sacred institution (MACC) to be used as tool of oppression and persecution in the guise of false prosecution against innocent citizens. Otherwise, you will one day see your own hands in the destruction of t‎his institution.”-Rosli Dahlan

Instead of settling, the MACC and Gani Patail chose to test their  immunity in court which resulted in Judge Wazeer Alam Mydin Meera delivering this damning judgement: “The claim of absolute immunity is anathema to the modern notion of democracy and accountability and against the Rule of Law.”

Kevin MoraisI wrote previously that at times I sympathise with Lawyer Rosli seeing him soldiering on with his case despite all the obstacles. The latest now is that Kevin’s death will force a substitution requiring Kevin’s Estate to be made a defendant. And Rosli was so magnanimous expressing deep sympathy to Kevin’s family and agreeing to give them as much time as is needed to sort out the technical issue of substitution.

On the other hand, MACC seemed unremorseful. MACC is still playing  the PR game using Kevin’s death to boost its image. MACC recently announced that it had named its moot court after Kevin in his honour. It is such a cheesy thing to do instead of doing something really meaningful.

A moot court is a play court not a real court. If MACC seriously wants to honour Kevin, they should not allow this case to drag on where Kevin’s estate will now be a defendant. It will be as if Kevin’s ghost lingers on without finding peace. It will be as if the ghost of Kevin’s past will not be allowed to rest.

This is one case that the forces of nature has not favoured the MACC and these defendant officers from the beginming. This is one case that God is showing His might and power of retribution. This is the case that Attorney-General Chambers  should not tempt God to show what else can happen. This is one case that the MACC should learn some humility by apologising to Rosli and settle, and let the ghost of Kevin Anthony Morais rest in peace! Let justice prevail.

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Khir Toyo, you belong in jail for Corruption

September 23, 2015

Gandhi quoteCOMMENT: The former Menteri Besar of Selangor Mr. Khir Toyo should be put in jail for corruption and other abuses. There are no ifs or buts and no mitigation. The Federal Court has no option but to do what is right.

All the reasons given by Mr. Toyo should be rejected. He himself knows the Law and cannot plead ignorance since ignorance as an excuse cannot be accepted. This arrogant man once thought he could do anything he wanted when he was in power and in a twist of fate, he shamelessly pleads leniency from the highest court in our land. Mr. Toyo should consider himself lucky that he is not a public official in China where officials who are found guilty of corruption like diseased chickens are put to their deaths by firing squad.

You may recall that at the height of  height of his power as Menteri Besar Mr. Toyo presented a broom to a senior government officer as reward for his department’s inefficiency. The civil servant was humiliated in public by this  now convicted man. So who is more humiliated and despised today, Mr. Toyo or the public servant?  Please read this Star Report.

Here is the picture of Mr. Toyo to jolt your memory.

Khir ToyoNo one  should be above the law. The only exception seems to be our present Prime Minister Najib Tun Razak  who is protected by the new Attorney-General, the Inspector-General of Police and the MACC. But we can take comfort that the long arm of the law will get to him eventually, even if the FBI and other authorities may not. If you do not believe me, ask Mahatma Gandhi. For his acts of corruption and abuses of power, Prime Minister Najib should be charged and be put behind bars. –Din Merican

Khir Toyo, you deserve to be in jail for Corruption

By  V. Anbalagan, Assistant News Editor

In his plea for a lenient sentence after the Federal Court upheld his corruption conviction today (September 22, 2015), former Selangor Menteri Besar Dr Mohamad Khir Toyo said he would provide free dental treatment if he was allowed to do community service.

“I will provide dental care in my constituency or in any part of the Selangor,” he said from the dock to the five Federal Court judges. Dr Khir said that he had been providing such care to his friends and relatives even when he was politically active.

The trained dentist was mitigating for a lenient sentence instead of a jail term after the apex court dismissed his corruption appeal earlier today in his purchase of land and a bungalow while he held public office.

The High Court had convicted and sentenced Dr Khir to 12 months’ prison in December 2011, and this was upheld by the Court of Appeal. Dr Khir was charged at the Shah Alam Sessions Court in December 2010, with corruption involving the purchase of two lots of land and a bungalow in Section 7, Shah Alam.

mr-mrs-khir-toyoHe belongs in Jail

He was accused of obtaining for himself and his wife, Datin Seri Zahrah Kechik, the plots and the house at No. 8 and 10, Jalan Suasa 7/1L, in Shah Alam, from Ditamas Sdn Bhd through one of its directors, Shamsuddin Hayroni.

He committed the offence at the official residence of the Selangor Menteri Besar in Shah Alam on May 29, 2007. The Federal Court, in upholding Dr Khir’s conviction, can also vary the sentence and the former politician now faces the possibility of jail for up to two years as provided by the law, a fine, or both.

His lead counsel Tan Sri Muhammad Shafee Abdullah, however, earlier suggested community service instead of a custodial sentence.

Dr Khir said he had no intention to commit the crime and that he was ignorant of the law.He said he did not utilise public funds to purchase the property.

“I declared my assets to the Prime Minister and the Selangor Sultan when holding pubic office,” he said. He said he had worked hard for eight year as Menteri Besar from 2000 to develop the state and raise living standards of the people.

“But over the last five years I had lived with the negative stigma when the corruption charge was framed against me.”

Shafee said his client, who is 50 years old, was a first offender and a role model to his six children.”This was a non-violent crime and he did not understand the situation when he committed it,” the UMNO lawyer said.

Shafee said the property should not be forefeited as it was charged to the bank.”He should be only allowed to pay for the difference of the gratification,” he said, adding that the bank would also lose out if the property was returned to the original proprietor.

Meanwhile, Deputy Public Prosecutor Masri Mohd Daud said the Court of Appeal had applied the correct principle of sentencing against the appellant and it should be maintained.

His colleague Dusuki Mohktar said the appellant had abused his position when holding the highest pubic office in Selangor.”A deterrent sentence must be imposed to drive home the message about the scourge of corruption,” said Dusuki

The bench led by Tan Sri Zukefli Ahmad Makinudin deferred sentencing to September 29 to give the court time to digest the submissions.

Earlier, Tan Sri Jeffrey Tan Kok Hwa, who delivered the unanimous ruling of the five-man bench, said Khir’s appeal was dismissed and the prosecution had proven its case beyond reasonable doubt.

“All the ingredients of the charge had been proved, including whether he was a public servant,” he told a packed court room.

Dr Khir is the second Selangor Menteri Besar to face corruption charges after the charismatic Datuk Harun Idris 40 years ago.

Anwar Ibrahim needs urgent medical treatment and care

September 15, 2015

Anwar Ibrahim needs urgent medical treatment and care

by Amin Iskandar, News Editor

anwar_ibrahim2Our Prisoner of Conscience

Nurul Izzah Anwar left for the United States last night in an attempt to pile international pressure on Putrajaya to get immediate medical attention for her father, Datuk Seri Anwar Ibrahim, who needs urgent surgery for a shoulder injury.

The desperate move, she told The Malaysian Insider, was because the panel of doctors treating Anwar in Kuala Lumpur had recommended immediate surgery, but Putrajaya appears to be dragging its feet.

“I will be meeting US State Department officials, politicians, civil society leaders and international lawyers to explain my father’s situation,” she told The Malaysian Insider.

Anwar is serving a five-year jail sentence at the Sungai Buloh jail for sodomising his former aide, Mohd Saiful Bukhari Azlan. Nurul Izzah added that she would also brief American officials on the alleged scandals involving Prime Minister Datuk Seri Najib Razak, including the RM2.6 billion donation channelled into his personal accounts and the 1Malaysia Development Berhad (1MDB) issue.

The PKR Vice-President said she will also bring up human rights issues in Malaysia, including the use of the Sedition Act against opposition politicians and civil society leaders, adding that she will be assisted by US Human Rights lawyer Jared Genser, who had previously filed an application to the United Nations working group on Anwar’s incarceration.

However, Nurul Izzah said the main focus of her US visit is to get help for her father.”Anwar needs immediate surgery and this was proposed by a panel of doctors chosen by the Health Ministry,” said Nurul Izzah who is also Lembah Pantai MP.

She said the panel of doctors had proposed that Anwar undergo micro surgery or shoulder replacement, however, she said that Putrajaya was dragging its feet. Nurul Izzah said she hoped that international support could help their cause.

“I’m not seeking favours from America. Najib is also close to US President Barack Obama,” she said, referring to the close relationship between Najib and Obama.

Last week, Datuk Seri Dr Wan Azizah Ismail, accompanied by Nurul Izzah and another daughter, Nurul Nuha, met Health Ministry Director-General Dato Dr’. Noor Hisham Abdullah, on Anwar’s treatment.

“After the discussion, we were given the guarantee that the D-G will take steps to improve Anwar’s treatment, but this has not happened,” she added. However, the Health Ministry’s deputy director-general Dato’ Dr S. Jeyaindran refuted Nurul Izzah’s claim. He told The Malaysian Insider in an SMS text message that Anwar is currently being treated by a panel of 14 consultants, all of whom are well experienced.

“They have recommended treatment for the chronic shoulder injury,” he said. He said the family was given copies of the panel’s findings and had, among other options, suggested surgery. He said the panel had also invited several opinion leaders to examine Dato’ Seri Anwar Ibrahim and they had given their views on his condition.

“They gave him their verbal opinion but have just submitted their report to us. We are now making arrangements for Dato’ Seri Anwar Ibrahim to be examined by the doctor that his family had consulted,” he said in the message.

Malaysia: A Shameless and Racist Nation under Najib Razak, but we Malaysians are fighting back

September 13, 2015

10th Anniversary Dinner & TCK Lecture

Leave the Red Shirts alone and let them self destruct. They are supporting a discredited UMNO Prime Minister, purportedly to redeem Maruah Melayu. Something else worthy of your support and generosity is happening in Kuala Lumpur on Malaysia Day, September 16. 2015.

So, not all are bad news since Malaysians are fighting back to safe their country from perdition. I am sorry that I am unable to be there in person. But I will contact  Dato Ambiga Sreenevasan on how I can support this worthy cause. Please give generously.

Listen to my good friend and fellow civil society activist, Dato’Ambiga  at Oriental Hearts and Minds Institute function to launch the Dr. Tan Chee Khoon Lecture Series and Fund–Raiser in honour of this great Iconic Malaysian and Model Member of Parliament, known during Tunku Abdul Rahman’s premiership as Mr. Opposition–Din Merican.

Here is  the OHMSI message:

Integrity, in essence, represents doing the right thing at all times and in all circumstances, whether or not anyone is watching. For the past 10 years, we have had a specific focus on ‘Integrity’ and constantly engage communities to support or initiate action on specific issues relevant to them.

To mark our 10th anniversary, we are pleased to announce the launch of our inaugural Tan Sri Dr Tan Chee Khoon Lecture Series cum fund-raiser to recognise the man and his contributions, and promote his ideals and legacy in political life.

Championing the local integrity scene today is Civil Society advocate and former Bar Council President, Dato’ Ambiga Sreenevasan who has relentlessly campaigned for cleaning out all forms of corruption, and mobilised society for greater transparency and election reform.

Dato’ Ambiga will deliver the inaugural lecture themed “Integration with Integrity… Without Fear or Favour” speaking for how the Federal Constitution remains our only hope for integration with integrity as a 1Bangsa Malaysia. The late TCK stood for these values.

Join our campaign on this Malaysia Day, September 16th at Connexion @ Nexus for greater integrity in this nation-state and enjoy the evening with good dinner, great company by supporting this very good cause to revive integrity in Malaysia. If you cannot attend, please take a table and we will fill up your seats with students from local colleges and universities.

 Malaysia: A Shameless and Racist Nation under Najib Razak

by J.D. Lovrenciar@

For how long more must we Malaysians suffer the torrent of shame? How long more must we live with all the tribulations? The political landscape is being riddled with allegations, scandals and expose after expose. The economy takes a beating unceasingly with no one able to say what the Ringgit will be worth tomorrow.

UMNO Red Shirt Goons

And the Prime Minister asks for another six months. How long more? That is the question on every citizens’ minds and the talk of the town. Why must the Prime Minister Dato’ Seri Najib Razak face so many monumental scandals revolving around him like a raging, stinking cesspool?

If the government’s sovereign fund, 1MDB was managed soundly like any other business entity or at the least resolved satisfactorily, would the nation not have been spared the global shaming? Over six years, since 1MDB was hatched in 2009, we knew nothing. The world knew nothing. But in the span of recent months all hell has broken loose and Najib, the captain of 1MDB, insists all will be cleared in six months.

And nobody knows how. He does not give credible reasons and justifications that can not only convince Malaysians but just as critically important, the global community of discerning observers and concerned investors.

Altantuya returns to haunt us


Now the mother of all murders has exploded: If guilty of 1MDB corruption, jail time awaits Najib but for murder – it’s the death row. That aside, the mother of all murders has been burrowed up again. The Aljazeera expose on its 101 is viewed by decision makers around the world.

Malaysians have also been paralyzed by the ‘documentary’ – not just a ‘news’ report mind you. Despite the Palace of justice having rendered the verdict, the questions keep coming back like a relentless boomerang. Why?

Surely Al Jazeera would not want to make a fool of itself and squander off its hard-earned reputation because of a murder story in a third world country, would it?

Aging before his time and why?

And to add to the derogatory impact on our national integrity and reputation, only now we learn that the reporter was thrown out of Malaysia for working on the expose. And if that is not enough, we are now threatening to go after the reporter who is not a Malaysian citizen.

When the Transparency International Council met here and sledge hammered Malaysia’s questionable and worrying state of graft in the full view of international media and about 1,000 delegates from over 100 countries around the world, we shouted back at them demanding that they did not respect the host country.

We did not scream at the corruption. Instead we trained our cannons on the highly credible leaders who spoke without fear or favor. Meanwhile the Ringgit is plunging but we stoically maintain that our fundamentals are string.

Mysterious disappearance of AT LEAST 2 key govt figures

Add to all these the mysterious disappearance of at least two key figures in government. Inevitably, the public is speculating since nothing is forthcoming from their leaders and especially Najib.

What we have are all the sandiwara distractions like the ‘red shirts’ and race bashing. We also have ridiculous allegations that Malaysians are trying to topple their government. We hear that some individuals are committing treason by peddling lies to ensure they can oust the sitting Prime Minister.

Indeed the country is being besieged not by any foreign power but by our sins of omission and commission. People are sharing similar sentiments at the work place, in the weekend markets, in neighborhoods and with every conversation – why is Najib insisting that he wants to remain in power?

And why are there some idiots willing to fight tooth and nail to defend him using only racial slurs to incite hatred and destroy racial harmony just to keep this dishonest and corrupt leader in power. Truly it is bewildering. Every night Malaysians end their shop-talk and go to bed with that insecure feeling of ‘what is next tomorrow?’.

Dr M a reborn hero

Ex premier Mahathir Mohamad has called for Najib to resign as well as demanded an investigation into Altantuya’s murder be re-opened. . The just released Al-Jazeera video claims that Najib’s close friend Razak Baginda had pulled the trigger, while Sirul and another cop Azilah Hadri used  C4 explosives to blow her body beyond recognition.

It is therefore not surprising why people are willing to throw their support for Tun Dr. Mahathir’s call for Najib to step down even though they may not regard Mahathir as a spotless leopard.

It is also not uncommon to hear street conversations stating that ‘at least Pak Lah (Najib’s predecessor) had the grace to quit in the best interest of the nation rather than fight for extended time behind the wheels of the nation’.

So how long more must Malaysia endure.  In any case it is a decision that Malaysians must make and if they fail to do so, they must take personal and collective blame. Meanwhile some media in Malaysia choose to survive by the philosophy of ‘see no evil, speak no evil and hear no evil’.

Malaysian Bar to sue Government leaders for probe hindrance and abuses of power

September 12, 2015

COMMENT: I congratulate Malaysian Bar Council President Stevendin-merican23 Thiru and his colleagues and members of Malaysian Bar for this ground breaking move to take legal action against  public officials including the Prime Minister who attempt to block ongoing investigations into 1MDB, the rm2.6 billion scandal and other abuses of power.

It is time for our government to get the message from us the Malaysian people that we are no longer scared of threats by the government to take punitive action under the Sedition Act and other statutes against those of us who stand up against the government and its agents. No one is above the Law, and impunity is a thing of the past.Honesty and integrity are traits we expect to see in our leaders and public officials.

Najib TerokThose who are corrupt, who abuse power and who betray our trust must be bear the full brunt of the law. They give our country a bad name abroad. My message is also directed towards the Inspector General of Police, the Attorney-General, the MACC Chief Commissioner, Chairman of the Elections Commission, The Speaker of Dewan Rakyat, the Governor, Bank Negara Malaysia, the Auditor-General, the Chief Secretary to the Government,  and other senior civil servants, not to just politicians in government and opposition.

The Prime Minister has to accept the reality that we want honest, competent, and accountable government. He himself has become an oxymoron. As I have said before, I will now repeat it, and that is he is the most tainted Prime Minister in our country’s 58 year history. Not only that, he has turned out to be a dishonest person, he is also a pathological liar. –Din Merican

Malaysian Bar to sue Government leaders  for probe hindrance and abuses of power

by Hafiz Yatim

Prime Minister Najib Abdul Razak may face a lawsuit for abuse of power in the 1MDB probe, said Malaysian Bar President Steven Thiru.

Steven Thiru2Malaysian Bar President Steven Thiru

This follows the passing of a resolution on the 1MDB scandal by the Bar at its extraordinary general meeting in Kuala Lumpur today.

The 1,040 lawyers present voted overwhelmingly to sue those deemed responsible for hindrance to the on-going probe.Thiru does not discount the possibility that Najib and other senior civil servants could be among those facing the suit.

“The suit would be under misfeasance in public office or the tort of abuse of power of authority in using his power for ulterior purpose. There will be several defendants including the PM. It is not limited to senior or superior government officers who gave the order.

“Let me reiterate that this resolution today is not coming to a conclusion of guilt on anyone but to express concern over the harassment going on in the on-going investigations and to uphold and restoring the rule of law with regards to the investigations,” he said.

There are 16,000 lawyers registered with the Malaysian Bar. The motion was tabled by Thiru himself in light of what had been revealed over 1MDB following reports in The Wall Street Journal and Sarawak Report since July as well as reports of obstruction on the officers investigating the 1MDB.

“We had seen multiple acts of interference, the attorney-general was removed, a Special Branch director replaced, his deputy transferred (to PM’s Department), two Attorney-General’s Chambers officers being investigated by the police, the transfer of MACC (Malaysian Anti-Corruption Commission) officers and investigations on them and the Public Accounts Committee derailed,” said Thiru.

Najib has yet to file a law suit against WSJ although it had sought clarification over the two reports that the international financial daily had made in July.

The Bar also voted to call for a formation of a royal commission of inquiry (RCI) on 1MDB.The RCI is to proposed is to be on allegations of financial impropriety concerning 1MDB and its subsidiary companies, the transfer of RM2.6 billion into Najib’s personal bank accounts, and the flow of RM42 million from SRC International Sdn Bhd, a company under the Finance Ministry, into Najib’s accounts.

The Bar also called on RCI findings and recommendations be made public and further action be taken upon its completion.

An RCI is formed by the Agong upon recommendation by the Prime Minister.As such, Thiru called on the PM to not stand in the way of an RCI.

RCI a win-win’

Thiru, flanked by Vice-President George Varghese, Ssecretary Karen Cheah and Treasurer Abdul Fareed Abdul Gafoor, emerged from the two-hour EGM to speak to journalists on the resolution.

The lawyers also adopted a motion to condemn the ongoing hindrance or obstruction into investigations of 1MDB that had seen harassment, intimidation and oppression of investigating officers attached to the Attorney-General’s Chambers, the Malaysian Anti-Corruption Commission, Bank Negara and the police Special Branch.

They also condemn the abrupt removal of Abdul Gani Patail as attorney-general (AG) on July 28 and, the crippling of the Public Accounts Committee (PAC) which is probing 1MDB.

The resolution also condemned the abrupt removal of attorney-general Abdul Gani Patail on July 28, which crippled the probe, and the sudden transfer of police Special Branch Deputy Director Abdul Hamid Bador.

Hamid, a career police officer, earlier questioned whether his transfer to the Prime Minister’s Department had to do with the fact that he was at Gani’s home for a “discussion” two nights before Gani was removed.

On the proposed law suit, Thiru said this was not the first time such action was taken against malfeasance of public office.

“There has been two or three cases in the past on this and it is not new. The Bar would sought a declaratory relief to go out against abuse of power which subvert or interfere in the administration of justice.”

To questions on whether the RCI would get the PM’s approval, Thiru replied: “It is in the interest of the PM to allow unhindered, investigations done through an RCI, as the result may exonerate him and it would look better for him.

“It is a win-win situation (for the PM) to have it (the RCI) and put back on track the investigations and upholding and restoring the rule of law,” he said.

Asked on the possibility of someone filing an injunction to prohibit the implementation of the resolution to stop the RCI or the filing of the law suit, Thiru said: “We will strenuously fight such actions.”

According to Thiru, the tasks of the Malaysian Bar, among others, is to protect the rule of law and when there seemed to be a breach, it has to stand up against it.

Thiru and the Malaysian Bar had in the past issued stringent statements against the high-handed action by the government to impede the ongoing investigations and the hijacking of PAC probe on 1MDB that saw BN members of the committee being appointed ministers and deputy ministers.

The full 18-page resolution is available on the Malaysian Bar website.–Hafiz Yatim