Malaysia Must Overcome Its Troubled Past


July 12, 2015

Malaysian Bar Council initiates Campaign to Repeal POTA


May 17, 2015

From Democracy to Dictatorship: At what stage is Malaysia?

In 1887 Alexander Tyler, a Scottish history professor at  University of Edinburgh  had this to say about the fall history-of-democracy-stephen-stockwellof the Athenian Republic some 2,000 years prior:

“A democracy is always temporary in nature; it simply cannot exist as a permanent form of government. A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury. From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse over loose fiscal policy, (which is) always followed by a dictatorship.”

“The average age of the world’s greatest civilizations from the beginning of history, has been about 200 years. During those 200 years, these nations always progressed through the following sequence:

From bondage to spiritual faith;
From spiritual faith to great courage;
From courage to liberty;
From liberty to abundance;
From abundance to complacency;
From complacency to apathy;
From apathy to dependence;
From dependence back into bondage.”

Thank you, Commander (rtd) Thaya Param for sending this to me. Let  our intelligent, clear sighted and articulate readers and commenters decide at what stage Malaysia is in, given the introduction of draconian laws like the Prevention of Terrorism Act,  the Sedition Act and Official Secrets Act, a subdued and muzzled media and subjugated Judiciary, a rubber stamp Parliament, rampant corruption, religious bigotry and racist politics with toxic institutions like the Police, Malaysian Anti-Corruption Commission and Attorney-General’s Office, and  an incompetent civil service.

Worst of all, we have a mismanaged economy by a dishonest, lying, corrupt  and weak political leadership aided and abetted by fawning and self serving politicians of all stripes and colours. Is Malaysia still a democracy? –Din Merican in Phnom Penh.

Malaysian Bar Council initiates Campaign to Repeal POTA

by James Sivalingam@www.freemalaysiatoday.com

Regressive, unnecessary and open for abuse, like the old Internal Security Act, makes judges into rubber stamps’.

Zunar in POTAThe Bar Council began a national campaign today (May 16) to repeal the Prevention of Terrorism Act (POTA), currently awaiting royal assent, calling it “regressive, unnecessary, as well open to abuse” much like the now-repealed Internal Security Act.

Bar Council President, Steven Thiru said the law reduced the judiciary into being a mere rubber stamp or, worse, completely bypasses it. Misuse of the ISA had scarred the country for many years, he said.

Speaking at a forum to begin the repeal campaign, Thiru said the ISA, the terrorism act and recent amendments to the Sedition Act were abhorrent to the rule of law and made major encroachments on and eroded the independence of the Judiciary.

Steven ThiruHe said Malaysia had spoken in favour of a United Nations resolution which called for recognition of human rights, fundamental freedoms and the rule of law as being complementary and mutually reinforcing with effective counter-terrorism measures. However, Malaysia had failed to its obligation to stand its pledge and had taken a short cut by legislating the Prevention of Terrorism Act without learning from the experiences of other nations on the forefront on global counter-terrorism.

“When you take short-cuts on rule of law, when you breach your obligations under the law, you do not make advances in the fight against terrorism. Indeed, you radicalise more people into terrorism. You make it worse,” Thiru said.

He acknowledged that counter-terrorism was a complex issue with no right answer, but felt judicial scrutiny and pota1oversight were crucial in order for far-reaching laws such as POTA not to be abused.

The law contained broad language and definition, and an ambiguous reach, Thiru said, open to be used on everyone and anyone; ministerial assurances that it would not be abused were simply not sufficient.

“Good men come and go. The law remains. It is the law that has to be clear. Having good men to look at the law is a bonus”.

Thiru said the Bar council is obliged to stand up for the independence of the Jjudiciary, in being placed between the might of the Executive and the common man on the street. “If the Bar is relegated, or the hands of the Bar tied in representation, then the men and women on the street are left without protection,” he said.

A-G Gani Patail is not above the Law


April 11, 2014

A-G Gani Patail loses to Rosli Dahlan: NO ONE IS ABOVE THE LAW

by Din Merican

mh370-hishammuddinWilliam Pesek, a prominent Bloomberg columnist, wrote recently that the global outcry over the loss of flight MH370 has highlighted the country’s deepest flaws of incompetent people running the country.

The Fumbling Team of MH370

“The fumbling exposed an elite that’s never really had to face questioning from its people, never mind the rest of the world. The country needs nothing less than a political revolution,” said Pesek. And I agree. Nothing will change until the present political elite is made to pay for their ineptitude, incompetence and crooked ways by Malaysian voters.

At the international level, our political leaders will have to take the blame. At the national level, we are facing a crisis of our public institutions being headed by not just mediocre and incompetent people but also characters who are downright dishonest and who abuse the system with impunity– the rogues in government.

Rosli Dahlan wins against A-G Patail

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

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

That brings me to the news reports of this morning that my young friend, Lawyer Rosli Dahlan, has again won another case against A-G Gani Patail. For my readers’ convenience I have reproduced only the MKini report by Hafiz Yatim (below) that provides interesting links on this story that never ceases to inspire me.

Back in Time–To the Eve of Hari Raya (Aidil Fitr), 2007

It’s a sad story of how on the eve of Hari Raya 2007, Lawyer Rosli Dahlan (right) wasR Dahlan brutally arrested in his office in full view of his staff by the ACA (now MACC). He was then charged in a most sensational manner to deceive the public into believing that Rosli had hidden illegitimate assets belonging to the Director of Commercial Crimes, Dato Ramli Yusuff, in another sensational story fanned by the media dubbed as the “The RM 27 million Cop”.

All this was part of a conspiracy to eliminate Dato Ramli from the PDRM as Dato Ramli posed a threat to then IGP Musa Hassan and A-G Gani Patail. Rosli was made a victim because he dared to defend Dato Ramli despite warnings having been sent to him. Since then, Musa‘s former ADC had sworn a Statutory Declaration to expose IGP Musa Hassan’s links with the underworld.

A lot more was also disclosed about A-G Gani Patail’s association with shady corporate figures like the one in the Ho Hup Affair. The Internet was also abuzz with stories about how A-G Gani Patail went to Haj and had his son to share a room with a shady former Police Inspector who was once charged for corruption, Shahidan Shafie, a proxy of former MAS Chairman Tan Sri Tajudin Ramli.

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

Tajuddin Ramli and the MAS saga was among the many failures of Dr Mahathir’s Bumiputra corporate advancement project which culminated with MH370 disaster. The latest episode could sink MAS without tax-payers bailout forthcoming .

That explains why A-G Gani never charged Tajudin Ramli for the losses of RM 8 billion that MAS suffered despite recommendations by Dato Ramli Yusuff. Dato Mat Zain Ibrahim, former KL OCCI also swore SDs about A-G Gani Patail throwing away the Batu Putih case for pecuniary gains.

Ramli YusuffYet Gani Patail remains as the A-G of Malaysia, leading many to speculate that he has a grip on PM Najib Razak because of Razak Baginda’s acquittal in the murder of the Mongolian beauty, Altantuya Shariibu. In that case, the A-G did not appeal against Razak Baginda’s acquittal.

On the other hand, the A-G has pursued criminal appeals against certain people like Lawyer Rosli Dahlan and Dato Ramli Yusuff (left). In the PKFZ case, A-G Gani Patail charged and appealed against the acquittal of Tun Ling Liong Sik which led to Tun Lingcalling him – “ That Stupid Fella”.

Back to Rosli’s case. Lawyer Rosli, he has fought a long and lonely battle, winning his acquittal and then suing every one of the mainstream media for defaming him – Utusan Malaysia, The Star and the NST, and winning against them one by one very patiently.

On April 15, 2008, Utusan Malaysia published a public apology admitting their wrongdoings and acknowledged that the Utusan Malaysia’s 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 Yusuf who at that time held the post of Director of the Commercial Crime Investigation Department of Police DiRaja Malaysia.”

Utusan's Apology

On January 15, 2013, the Star paid damages and admitted to its wrongdoings in a published public apology.

The Star's Apology

On October 18, 2013, the KL High Court found the NST and the MACC guilty of defaming Rosli and ordered them to pay damages of RM 300,000 and costs. This made history as it was the first time that the MACC was sued by a person and the MACC lost and had to pay damages.

Last year Rosli sued A-G Gani Patail, MACC Chief Commissioner Tan Sri Abu Kassim and several other MACC officers for conspiracy, false and malicious investigation, abuse of power, abuse of prosecutorial discretion, malicious prosecution, prosecutorial misconduct and public misfeasance.

Read the MKini report below and you will discover that A-G Gani Patail had engaged Tan Sri Cecil Abraham , a senior private lawyer from Messrs ZulRafique & Partners (an UMNO law firm) to defend him, the A-G Chambers (A-GC) and the MACC.

I find that surprising since I am told that the A-GC has over 800 lawyers, making the A-GC the “largest law firm” in the country. By contrast, I am told that the largest private law firm in the country has a maximum of 140 lawyers.

 Putrajaya needs to review its policies as it can't afford to spend taxpayers' money on the AG's own legal problem.


Putrajaya needs to review its policies as it can’t afford to spend taxpayers’ money on the AG’s own legal problem.

That means the Government of Malaysia spends millions of ringgit to staff the A-GC in order to defend the government. Yet when the Government is sued, A-G Gani Patail engages private lawyers. Does that makes sense to you?

Is A-G Gani Patail admitting that he is not confident of the A-GC, which he heads, to defend him and the government in the face of the law suit by Lawyer Rosli Dahlan? Is A-G Gani Patail admitting that the A-GC is incompetent? Was that why Tan Sri Shafee Abdullah was asked to be an ad hoc DPP to prosecute the appeal against Dato Seri Anwar Ibrahim? Or is there is a commercial logic to that? Is A-G Gani Patail outsourcing legal work to his friends in the private sector to reward them for covering up for his misconduct and incompetence?

Cecil Abraham sits in the MACC’s Operations Review Panel.

Cecil Abraham sits in the MACC’s Operations Review Panel.

I had a chat with Tan Sri Robert Phang who has always been critical of A-G Gani Patail. He told me a more worrisome story. Robert Phang questioned whether Tan Sri Cecil Abraham (right) is a fit to lawyer to defend the A-G because Cecil Abraham sits in the MACC’s Operations Review Panel, which advises on oversights in the MACC. One of the committee’s functions is to ensure that the MACC and other government agencies do not commit abuses. It is like an Ombudsman. If so, how can Cecil Abraham defend A-G Gani Patail and the other MACC officers whom Rosli has accused of fixing him? Is that not a conflict of interest?

Other lawyers tell me that Cecil Abraham is the senior lawyer implicated in the PI Bala SD case over the Altantuya murder. I am stunned by all these revelations. It seems that all the committees and advisory panels in the MACC and other government agencies are to cover up for their wrongdoings rather than to expose and correct them. No wonder our country is headed for doom !

Americk Sidhu, PI Bala's lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

Americk Sidhu, PI Bala’s lawyer makes a startling revelation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib.

I am told that Rosli’s Statement of Claim against A-G Gani Patail contains very damning revelations about A-G’s misconduct. I am told that with every victory that Rosli gained against A-G Gani Patail, more and more civil servants and people are coming up to him to offer assistance and being more willing to be witnesses in his cases. This was unlike before when many were afraid to be associated with him.

Is that why AG Gani Patail does not want to go to trial and employ all kinds of delaying tactics in Rosli’s suit against him. Is that why A-G Gani Patail engaged Tan Sri Cecil Abraham to strike out Rosli’s suit? Otherwise, why is A-G Gani Patail so afraid to go to trial in Rosli’s case?

But now that Tan Sri Cecil has lost this striking out application and the A-G is ordered to pay cost to Rosli, who is going to bear this cost? Should taxpayer’s money be used to pay for the misconduct of these rogues in government? If we taxpayers have to bear this cost, then A-G Gani Patail and the likes of him will never be repentant. There will never be accountability!

In my view, A-G Gani Patail must bear the full costs of his misconduct. He must be held accountable and he must pay the legal fees charged by his friend Tan Sri Cecil Abraham. I am also of the view that the MACC should sack Cecil Abraham from being on its Advisory Panel. Cecil Abraham cannot sit there to pretend that he is acting as a check and balance against the MACC’s misconducts whereas he is also covering up for the MACC when the MACC is sued by Rosli, and getting well paid by the Government using tax payer’s money!

Conflict of Interest

The conflict of interest is so clear and it is appalling that a senior titled lawyer like Tan Sri Cecil Abraham cannot see that. I also feel that the Bar Council should not stand idle arms akimbo with this revelation. The Bar Council should subject Cecil Abraham to disciplinary proceedings for breaching such common sense rule on conflict of interests. Cecil has dishonored the Bar and the Council must act against him!

Well Done, JC Wazeer Alam Mydin 

In that regard, I must congratulate Judicial Commissioner Wazeer Alam Mydin for having a fair sense justice in not allowing A-G Gani Patail to strike out Rosli ‘s claim. A judicial Commissioner is basically a probationary judge. For a probationary Judge to do this means JC Wazeer is indeed a brave man who would not tolerate public authorities who commit abuses and then claim immunity. It is indeed a brave probationary judge to stand up to the A-G and tell it to the A-G’s face that the A-G is not above the law.

The winds of change is blowing and judges like JC Wazeer Alam will be a credit to the judiciary. JC Wazeer Alam is indeed a brave man to make this iconic statement:

“The claim by AG of his absolute public and prosecutorial immunity is an anathema to modern democratic society.”

======================================================

April 11, 2014

A-G not immune to legal action, rules Judge

by Hafiz Yatim@www.malaysiakini.com

The Attorney-General is not immune to legal action, the High Court in Kuala Lumpur ruled today.

Judicial Commissioner Vazeer Alam Mydin Meera said this in dismissing Attorney-general Abdul Gani Patail’s application to strike out the suits by former Commercial Crime Investigation Department director Ramli Yusuff and his lawyer Rosli Dahlan.

Public authorities who abused their powers have been "insulated" from prosecution for "far too long" by using the Public Authorities Protection Act.

Public authorities who abused their powers have been “insulated” from accountability  for “far too long” by using the Public Authorities Protection Act.

“I am afraid that the notion of absolute immunity for a public servant, even when mala fide or abuse of power in the exercise of their prosecutorial power is alleged in the pleadings, is anathema to modern day notions of accountability.

“I agree that deliberate abuse of power by a person holding a public office is tortious and is referred to as misfeasance in public office.

“Such a tortious act can arise when an officer actuated by malice, for example, by personal spite or a desire to injure for improper reasons, abuses his power,” Vazeer Alam said.

“This is keeping with developments in modern jurisprudence that absolute immunity for public servants has no place in a progressive democratic society,” the judge added. The A-G and two other officers from the A-G’s Chambers were named in the respective suits filed by Ramli Yusuff and Rosli Dahlan.

They had sought to strike out the suits on the grounds that they should be immune to such action in carrying out their prosecution powers. Ramli had filed a RM128.5 million suit against A-G Gani, former IGP Musa Hassan and several Malaysian Anti-Corruption Commission officers.

Rosli had filed a separate suit amounting to RM48 million against the same parties.The two are suing them for abuse of power, malfeasance in the performance of public duty, malicious prosecution and prosecutorial misconduct, among others.

Suits not filed out of time

Judicial Commissioner Vazeer Alam also ruled that the two suits for malicious prosecution were not filed out of time as this cause of action accrued upon the determination of the final appeal. He said that the court could not consider the period to be when Ramli or Rosli  were acquitted, as there were subsequent appeals against the acquittals made after this.

“As with Ramli’s case, the appeals lodged by the public prosecutor were dismissed in June and in November 2011. Therefore the filing of the action on Nov 1 last year is well within the time stipulated in Section 2 of the Public Authority Protection Act,” the  ruled,

Vazeer Alam also allowed the two to name the MACC in their legal action, since the MACC took over from the Anti-Corruption Agency.

Ramli had sued the defendants for their claim that he was the policeman in the Copgate affair and that he had RM27 million in assets.

Subsequently, Ramli was charged with the non-disclosure of some of his assets and the case against him was thrown out. Ramli’s lawyer friend Rosli was also hauled up as a result of this.

Ramli, who was a former state Police Chief for Pahang and Sabah, said in his statement of claim that his relationship with Gani soured in 2006.

This was after he met then Prime Minister Abdullah Ahmad Badawi and recommended that former Malaysia Airlines chairperson Tajudin Ramli be prosecuted for the severe losses suffered by the company.

“But the A-G decided not to prosecute Tajudin. I even told the PM then that if the AG was reluctant to prosecute Tajudin, the CCID would have the necessary resources to conduct the prosecution.

“This earned me Gani’s permanent displeasure…” Ramli said in his statement of claim.

‘A brave decision’

After today’s court session, Ramli commended the judge for his brave decision. “I am not doing this for Ramli Yusuff but for the Police Force, some of whom have been victimised as a result of this. And I am also doing this for the serving government officers who have also been victimised.

“I am also seeking closure to an event that has affected my possible career advancement,” he said.

The RM27 million investigations had hindered his promotion to be the Inspector-General of Police, he added. This post was subsequently handed over to Musa Hassan.

Rosli, on commending today’s High Court decision, said abuses by the public authority have for too long been insulated by invoking the Public Authority Protection Act.

“Today, a brave judge has declared that absolute prosecutorial immunity is  anathema to the modern concept of democracy. This is to remind the public authorities that no one is above the law,” Rosli said.

Several Police Officers under Ramli’s charge have also been prosecuted as a result of the Copgate affair and all of them have acquitted and have been reinstated to their posts during former IGP Ismail Omar’s tenure.

Ramli was represented by Harvinderjit Singh, while Chethan Jethwani and Darvindeer Kaur appeared for Rosli. Senior lawyer Tan Sri Cecil Abraham, Rishwant Singh and Senior federal counsel Dato Amarjeet Singh represented the defendants.

Vazeer fixed June 18 for case management to possibly fix trial dates for the hearing.

Friends in High Places


February 25, 2011

Friends in High Places

Gani Patail and Vincent Lye go back a long way to their Sabah days where they even shared the same GROs at the Strawberry Club in Kota Kinabalu. With Gani’s help and through various corporate manoeuvres, Vincent Lye managed to take control of Ho Hup and drove Dato’ Low Tuck Choy (Dato’ TC) to be just a minority shareholder.

 

Snappy Fingers in A-G's Chambers

 

THE CORRIDORS OF POWER

by Deep Throat A-G Chambers

When the Attorney-General (AG) exercises his prosecution powers on criminal matters under Article 145(3) of the Federal Constitution of Malaysia, he does so as the Public Prosecutor (PP). This means he acts as the public guardian to maintain law and order, which also means he acts in the public interest.

A-G not acting in the Public Interest

However, in the case of A-G Gani Patail, more often than not, his considerations are not in the public interest, rather it is for his own interests. That is why you have illogical and inconsistent decisions coming from this AG.

MAS did not suffer any loss and Tajuddin is an Angel, say Spinners

It is already public knowledge that MAS had suffered massive losses and was almost bankrupted by Tajuddin Ramli. Yet, when the Director of CCID recommended that Tajuddin should be charged, A-G Gani Patail did not do that. Instead, he charged the Director!

When Malaysia Today produced the Tabung Haji documents which showed AG Gani Patail with Tajudin’s proxy, Shahidan Shafie, taking the Lord For A Ride in doing the Haj together, they said that Malaysia Today is telling a lie.

Haj Trip remains unexplained

Until today, there is no satisfactory explanation from A-G Gani Patail. He wants people to believe that the Haj trip and of him sharing a room with Shahidan was just a coincidence. Shahidan was a former police inspector, OC Secret Societies Johor Bahru, who was charged for corruption. And today he is bosom buddies with A-G Gani Patail. Gani Patail can be so blatant in consorting with crooks and criminals because he thinks he is invincible from the process of the law.

Like the MAS Scandal, AG Gani Patail quite openly uses his position as PP to take sides in corporate disputes. He takes sides and uses his powers as PP to fix and charge real corporate figures with all kinds of funny offences so that his dubious and shady friends can take control of big corporations.

Ho Hup Bhd Case

Let me just show you one example. Ho Hup Bhd was an ailing company which had a huge land bank. Ho Hup was then owned by Dato’ Low Tuck Choy (Dato’ TC). Dato’ Vincent Lye Ek Seang, who is A-G Gani Patail’s good friend, had eyed Ho Hup’s land bank for quite sometime.

Gani Patail and Vincent Lye go back a long way to their Sabah days where they even shared the same GROs(socialites) at the Strawberry Club in Kota Kinabalu. With Gani’s help and through various corporate manoeuvres, Vincent Lye managed to take control of Ho Hup and drove Dato’ TC to be just a minority shareholder.

The moment Vincent Lye gained control of Ho Hup, he fleeced Ho Hup to the bones and sold off Ho Hup’s land bank. Seeing his company being ruined, Dato’ TC managed to rally the minority shareholders to come together to realise the damage caused by Vincent Lye.

After an audit, Dato’ TC and the other minority shareholders lodged several reports against Vincent for fraud, CBT, cheating and misappropriation of property. However, nothing happened. Dato’ TC then called for an EGM and, together with the other minority shareholders, they took steps to force Vincent Lye to leave the company.

That was when Dato’ TC found himself being harassed by AG Gani Patail. Firstly, Gani Patail directed the Registrar of Companies (ROC) to take action to injunct Dato’ TC’s shares in Ho Hup. Eventually, the ROC had to withdraw that action as there was no basis for it from the very beginning. In any event, the minority shareholders have already decided to oust Vincent Lye and his forty thieves.

To show his influence and to demonstrate that the show has not ended, Vincent Lye asked A-G Gani to come on parade with him in the offices of Ho Hup. A-G Gani Patail then strutted around the office to show that he will use his powers against anyone who dared to fight his buddy, Vincent Lye.

Dato’ TC charged

On 15 January 2011, the mainstream media reported that Dato’ TC had instead been charged. A-G Gani Patail and Vincent Lye go back a long way to their Sabah days where they even shared the same GROs at the Strawberry Club in Kota Kinabalu. With Gani’s help and through various corporate manoeuvres, Vincent Lye managed to take control of Ho Hup and drove Dato’ TC to be just a minority shareholder.

A-G Gani Patail and his Buddy Vincent Lye

In case you doubt this story, just look at the picture (above) of A-G Gani Patail and  his buddy Vincent Lye at the Ho Hup Office. Now, is that a show of power or what?