Defending our airspace is not a video game


By Mariam Mokhtar, FMT

May23, 2014

PlayStation-crazy Defence Minister Hishammuddin Hussein thinks that RMAF jets sent to investigate an unidentified aircraft must fire missiles and shoot it down. He must realise that the defence of Malaysian airspace is not like playing ‘Grand Theft Auto’.

It has been 10 weeks since MH370 disappeared without a trace en route to Beijing from Kuala Lumpur and in the absence of anything substantive, speculations and intrigue are taking hold in the public space.

It has been 10 weeks since MH370 disappeared without a trace en route to Beijing from Kuala Lumpur and in the absence of anything substantive, speculations and intrigue are taking hold in the public space.

It is bad enough having to suffer an inept Cabinet. We do not need trigger-happy ministers to start a war because of their stupidity.Hishammuddin’s performance, in the interview with ABC’s Four Corners programme, was embarrassing. He wasn’t just evasive, he was reckless and negligent.

He misunderstands his role as Defence Minister. On the night Malaysian Airlines Flight MH370 disappeared, he justified the failure of the RMAF to scramble a fighter jet to investigate because the blip on the radar was “…not deemed a hostile object.” He said, “If you’re not going to shoot it down, what’s the point of sending it (a fighter) up?” The Defence Minister does not need Opposition Leader Anwar Ibrahim or other people to tarnish the reputation of Malaysia. Hishammuddin is doing a splendid job by himself.

Malaysia's defence minister defended his military's failure to scramble a fighter jet to follow a Malaysian airliner when it veered off course and vanished two months ago, saying it wasn't seen as a hostile object.

Malaysia’s defence minister defended his military’s failure to scramble a fighter jet to follow a Malaysian airliner when it veered off course and vanished two months ago, saying it wasn’t seen as a hostile object.

As Defence Minister he should have known that to shoot a plane down, one does not need to send a fighter jet to apprehend it. One can target it with a surface-to-air missile. Hishammuddin’s justification for not sending fighter jets to investigate a possible incursion into Malaysian airspace is no different from his reaction to last year’s invasion of Sabah.

When Hishammuddin was told about the incursion of the Suluk militants in Lahad Datu in Sabah, he was very laid-back and told the public not to be alarmed because the Suluks were probably a bunch of old men enjoying a picnic. We subsequently found out that he was wrong!

Hishamuddin's reaction defies logic and common sense.

Hishamuddin’s reaction defies logic and common sense.

As Defence Minister, he has much to learn, and a schoolboy probably knows more than him. During peacetime a lot of the work of the military and armed forces is routine, like guarding key premises, weapons depots, telecommunications facilities or border posts.

Perhaps the most excitement the military gets is when they have to investigate reports of an incursion or to check-out sightings of people, straying close to important installations. Investigating any unknown activity does not necessarily mean the military has to engage in hostilities.

When a navy vessel encounters a boat full of asylum seekers they do not blow it out of the water.

The two aeroplanes which crashed into the twin towers on the Sept 11 terrorist attack were commercial aircraft and were not deemed hostile. What if MH370 had been commandeered by terrorists and turned into a missile?

A whole nation betrayed

After the Sept 11 attack on the twin towers, countries throughout the world put their air forces on red alert, ready to escort any plane which strayed from its flight path. They would only be shot if they were considered a threat.

Hishammuddin has often repeated that the RMAF knew the blip on the radar was not hostile. He has refused to explain how the RMAF knew this.

Although there was no radio contact with MH370, the RMAF fighter jets could have done a visual confirmation by the paintwork and the markings on the body of the plane. They could have trailed MH370 and known in which general direction it was heading.

The Search and Rescue (SAR) mission could have been better coordinated instead of sending search teams on a wild goose chase, wasting time and resources. The MH370 investigations highlighted a lack of communication between the Malaysian military aviation and the civil aviation authorities. How is Hishammuddin resolving this?

We spend hundreds of millions of ringgit on aeroplanes, submarines, patrol boats, defence equipment and radar but the leaders of the armed forces seem to be irresponsible or incompetent, or both. In most air forces, strategic airfields have two pilots ready to take-off at a moment’s notice and intercept unidentified aircraft.

The military did not intercept flight MH370 because Malaysia was not in war mode, says Acting Minister of Transport Hishammuddin Hussein.

The military did not intercept flight MH370 because Malaysia was not in war mode, says Acting Minister of Transport Hishammuddin Hussein.

Planes which have not filed a flight plan and which stray into prohibited airspace are intercepted and escorted out of the airspace. Sometimes rival countries may want to test the air defences of a country and check the capabilities of that country’s air force.

Hishammuddin has betrayed a whole nation. Perhaps, his most cruel act and his worst indiscretion was to insult the families of the passengers and crew of MH370. He has failed them. He gave conflicting and inconsistent reports on the military radar detection. There were allegations that the radio transcripts between the control tower and cockpit were doctored.

Why is there so much intrigue over the cargo manifest? Because of incompetence, he and Najib Tun Razak directed SAR to the wrong areas. Why are we at the mercy of ministers who are both reckless and dopey? Hishammuddin is not fit to be the Defence Minister, let alone a future PM. Trying to appease the rakyat by flying in economy will not do.

Hishammuddin defends the people who did not do their jobs. So, why is he rewarding failure? We owe it to the families of the passengers and crew of MH370 and that is why Hishammuddin must resign, along with the head of the RMAF and the chief of the armed forces.

They are only good at showing off their medals at the National Day parade. The rest of the time they act irresponsibly and treat the defense of the nation as a matter of inconsequence.

Mariam Mokhtar is an FMT columnist

One missing jet, one sunken ferry, two responses


May 2-3, 2014

MY COMMENT: William Pesek is generous. I would give Malaysia  ‘F’ imagefor its handling of MH370 tragedy. Nothing illustrates this more than the release of the preliminary report which confirms what most of us in Malaysia knew about MH370 and that is our government has shown the world that it is incompetent, inept and poorly led. Our leaders lacked an appreciation of the severity of the tragedy in terms of national security. And that means we never learned the lessons of Lahad Datu. Arrogance will get us no where. Humility will since it is when the learning process begins. –Din Merican

Thanks, CLF…Be Yourself… this poem…it is still a beautiful world…we are children of the Universe–Din Merican

Crisis Management: Malaysia gets ‘D’ and South Korea earns ‘A-

Malaysia getsD ’, South Korea ‘A-’ in handling of tragedies, says Bloomberg columnist

www. themalaysianinsider.com

Putrajaya was once again slammed by a Bloomberg columnist who compared Malaysia’s handling of the MH370 saga with South Korea’s response to the recent Sewol ferry tragedy.

We accept God's will but at the same time, wants us human beings to be accountable for our actions, lest another tragedy such as this will strike again due to our ignorance.

We accept God’s will but at the same time,  we want as human beings to be accountable for our actions, lest another tragedy such as this will strike again due to our ignorance.

In a scathing attack, columnist William Pesek said he would give top marks to South Korea for their handling of the ferry tragedy but found Malaysia sorely lacking in handling the disappearance of Malaysia Airlines flight MH370.

He said the incidents could be described as tests for the two governments, if not of Malaysian and South Korean societies. “The grades so far? I’d give Korea an A-, Malaysia a D,” he said in his Bloomberg column titled “One missing jet, one sunken ferry, two responses”.

Pesek said in the two weeks since the ferry sank, killing about 300 people on board, the South Korean government had reacted with self-questioning, shame and official penitence.

President Park Geun-hye issued a dramatic and heartfelt apology. Her No. 2, Prime Minister Chung Hong Won, resigned outright. Prosecutors hauled in the ship’s entire crew and raided the offices of its owners and shipping regulators. Citizens and the media are demanding speedy convictions and long-term reforms,” he said.

Najib must emulate SKorea's accountibility. It's President apologizes, it's PM resigns over the ferry tragedy.

Najib must emulate S Korea’s accountability. Its President apologizes, its PM resigns over the ferry tragedy.

On the flip side, there was no such reaction on the part of Malaysian authorities 56 days after MH370 vanished, said Pesek. “No officials have quit. Prime Minister (Datuk Seri) Najib Razak seems more defiant than contrite. The docile local news media has focused more on international criticism of Malaysia’s leaders rather than on any missteps by those leaders themselves,” he said.

Pesek said although both countries are democracies, the key difference is the relative openness of their political systems.

“One party has dominated Malaysia since independence, while Korea, for all itsgrowing pains and occasional tumultuousness, has seen several peaceful transfers of power over the past quarter-century. Unused to having to answer critics, Malaysia’s government has responded defensively.

“Korean officials, on the other hand, are reflecting, addressing the anger of citizens, and delving into what went wrong with the shipping industry’s regulatory checks and balances,” he pointed out.

Pesek said South Korea was most likely to emerge from the crisis stronger than ever, unlike Malaysia. He said this could be seen from the way both countries handled the 1997 Asian financial crisis.

Pesek said Tun Dr Mahathir Mohamad, who was the Prime Minister then, had blamed the ringgit’s plunge on some shadowy Jewish cabal headed by George Soros instead of internalising what had gone wrong.

“It didn’t admit it had been using capital inflows unproductively and that coddling state champions – including Malaysia Airlines – was killing competitiveness. Never did the ruling United Malays National Organisation consider it might be part of the problem.”

Pesek said South Korea, on the other hand, forced weak companies and banks to fail, accepting tens of thousands of job losses. South Korean authorities, he said, clamped down on reckless investing and lending and addressed moral hazards head-on.

“Koreans felt such shame that millions lined up to donate gold, jewellery, art and other heirlooms to the national treasury.” Pesek said while South Korea’s response wasn’t perfect, the country’s economic performance since then speaks for itself.

“Now as then, Korea’s open and accountable system is forcing its leaders to look beyond an immediate crisis. Ordinary Koreans are calling for a national catharsis that will reshape their society and its attitude toward safety. Park’s government has no choice but to respond.

“Malaysia’s government, on the other hand, appears to be lost in its own propaganda.

Hishamuddin HusseinTo the outside world, acting Transport Minister (Datuk Seri) Hishammuddin Hussein performed dismally as a government spokesman: He was combative, defensive and so opaque that even China complained.

“Yet Hishammuddin is now seen as Prime Minister material for standing up to pesky foreign journalists and their rude questions. The government seems intent on ensuring that nothing changes as a result of this tragedy. As hard as it seems now, South Korea will move past this tragedy, rejuvenated. Malaysia? I’m not so sure.” .

May 3, 2014

To those who must take responsibility for mishandling MH370: Just RESIGN

By Robert Chaen@www.freemalaysiatoday.com

Hisham, Najib, and Muhiyuddin

Here are three good reasons why Malaysia Airlines CEO Ahmad Jauhari Yahya or Acting Transport Minister Hishammuddin Hussein –or, better still, both—must resign immediately: to save MAS, to save the tourism industry and, most importantly, to save the reputation of Malaysia and Malaysians.

Malaysians, Chinese and other nationals affected by the MH370 crisis want someone to be accountable—a real person.

They don’t want a thousand and one excuses or those public-relations statements coming from the Prime Minister, such as “this is an unprecedented disaster, 26 countries are involved in the search, we are doing our very best” and so on.

Malaysia Airlines is already losing badly. Bookings are significantly down, and it is likely that more celebrities, holiday makers and travel agents will boycott the airline. And there is now serious talk about the company being split up.

Malaysia’s tourism industry will lose billions of ringgit. Business will be down for hotels, taxis, shopping malls and even roadside stalls. Because neither Jauhari nor Hishammuddin is willing to resign, much less apologize, Malaysians everywhere—not just Malaysian singers in China—will lose respectability in the eyes of the world.

Selfish and arrogant

mh370-hishammuddinIt would seem that the only ones not losing are those clinging to their jobs and salaries despite their responsibility for Malaysia’s loss of face. How selfish and how arrogant of Jauhari and Hishammuddin?

Why can’t they follow the example of South Korean Prime Minister Chung Hong-won, who resigned over the recent ferry disaster in order to calm down his countrymen and let them have closure and move on?

Even if just one person had taken responsibility over the MH370 debacle, the tide of resentment against Malaysia might have turned to sympathy.Because the Malaysian government does not have the courage to admit that its agencies and officials have bungled and that it has botched its public relations, the world’s media have rightly lost trust in it.

It is obvious that the government is hoping the public and the media will start to dim their focus on MH370 after nearly two months and move on to other events such as the football World Cup.But one can be sure that the affected relatives will not let it all go away until they find closure. They will continue to hound Putrajaya.

TDM LatestMalaysia’s mainstream media may well play their usual role of spin masters in an attempt to cover up what is rotten in the system, but it will not work this time around because the world media now have the country on their radar. Even Dr Mahathir Mohamad’s attempt to shift the blame to Boeing will not work.

People are not stupid. And that’s the good news. Even readers of Malaysia’s mainstream newspapers are getting wiser and are no longer willing to swallow everything fed to them.

Jauhari or Hishammuddin—or both—please have the decency to resign before you plunge Malaysia into deeper loss. Don’t wait for us taxpayers to rise up and demand your unceremonious sacking. Do the right thing for once. It’s not too late.

Robert Chaen is an international change expert and online pollster.

MH370 Preliminary Report: Not a Good Day to a Malaysian


May 2, 2014

MH370 Preliminary Report: Not a Good Day to a Malaysian

by  Lim Kit Siang

Hisham, Najib, and MuhiyuddinToday is not a good day to be a Malaysian as the world wakes up to critical and adverse media headlines on the Malaysian preliminary report on the missing MH370 Boeing 777-200 completing its eighth week of vanishing into the air with 239 passengers and crew on board without leaving any wreckage or clue as to what had happened on the fateful morning of March 8.

The Four Hour Gap

It took 17 minutes for air traffic controllers to realise that Malaysia Airlines flight MH370 had disappeared from their screens - and four hours to launch a rescue operation.

It took 17 minutes for air traffic controllers to realise that Malaysia Airlines flight MH370 had disappeared from their screens – and four hours to launch a rescue operation.

All over the world, the media splashed the shocking headlines of the admission from the first Malaysian official report that nobody noticed that Flight MH370 was missing for 17 minutes and no search was launched for another four hours.

Instead of answering the many questions that have been raised in the past eight weeks of the MH 370 disaster, both the preliminary report and the statement by the Acting Transport Minister, Datuk Seri Hishammuddin Hussein accompanying it have only provoked more questions.

Firstly, the five-page preliminary report on the missing MH 370 had been described as “scant at best” in contrast to the preliminary report into Air France 447 which was released one month after the plane disappeared and which was 128 pages long, while a preliminary report into the Qantas engine explosion over Singapore in 2010 was more than 40 pages with diagrams and charts.

The table below is based on recorded communications on direct lines, summarising the events associated to MH370 after the radar blip disappeared until activation of the Rescue Coordination Centre.

The table above  summarising the events associated to MH370 after the radar blip disappeared on the first day .

The Malaysian government preliminary report makes one safety recommendation, for real-time air tracking to be installed on all commercial aircraft, viz:

“There have now been two occasions during the last five years when large commercial air transport aircraft have gone missing and their last position was not accurately known. This uncertainty resulted in significant difficulty in locating the aircraft in a timely manner.”

The same recommendation was made after the Air France jet crashed into the Atlantic in 2009, though nothing was done to satisfy the proposal.

Prime Minister Najib Razak said Malaysia’s democracy is best in the world.

Prime Minister Najib Razak said Malaysia’s democracy is best in the world.

More pertinent, however, is why the preliminary report which was dated three weeks ago on April 9 was not made public earlier, and why the relatives of the passengers and crew on board the missing plane had not been briefed on its contents before its public release.

For the first time in 56 days, Malaysians are told that the Prime Minister Datuk Seri Najib Razak had on the very same morning of the missing MH370, ordered the search and rescue operations to be extended to the Straits of Malacca, alongside that being carried out in the South China Sea.

Was this true that right from the very beginning of the search-and-rescue operation for the MH 370 on the morning of May 8, the search area had been extended from South China Sea to the Straits of Malacca?

If so, why didn’t Hishammuddin announce it earlier, instead of waiting for 55 days until yesterday in a statement accompanying the publication of the government’s preliminary report on the missing MH370?

It is to be noted that this new and hitherto unknown information to the public that the SAR operation area had right from the beginning on the same morning of the missing Boeing 77 been extended from the South China Sea to the Straits of Malacca was not disclosed in the preliminary report dated April 9 but in Hishammuddin’s statement dated May 1, 2014!

Furthermore, Najib himself did not seem to know that he had ordered the search area to be extended from the South China Sea to the Straits of Malacca the very same morning of the missing aircraft, for he made no mention of such extension in his press conference on May 8 held just after 7 pm where he announced the expansion of the search area after the SAR mission team found no wreckage in the plane’s last location before it disappeared from radar at 1.21 earlier in the morning.

Najib had said then that the first phase of the search efforts focused on the area where the plane’s signal was last picked up, had proved unsuccessful in locating it, and the search area was being “expanded as wide as possible”.

Civil Aviation Department Director-General Datuk Azharuddin Abdul Rahman (pic–on Hishamuddin’s left), mh370-hishammuddinwho was present at Najib’s press conference, spelt out the meaning of this expansion of the search area by saying that “we are searching in Malaysian and Vietnamese waters”.

The next day, on Sunday, 9th March, Azharuddin told the press that the search operation had been expanded further from the initial 20 nautical miles in the South China Sea to 50 nautical miles – no mention whatsoever of its expansion to the Straits of Malacca.

Unless Hishammuddin can give satisfactory explanation for these new additional discrepancies in the latest official accounts of what happened in the first crucial days of the SAR for the missing MH 370, he has only himself to blame if the government preliminary report and his statement accompanying it suffer a serious credibility gap.

This is why a report by an Opposition-headed Parliamentary Select Committee on the MH 370 disaster would have greater credibility than a unilaterial statement by Hishammuddin, especially when new facts suddenly surface as if to embellish the government’s version of what happened in the crucial first few days of the MH 370 disaster.

Fatal omissions

Chief of the RMAF, Rodzali DaudThere are many fatal omissions in the government preliminary report – for instance, the failure to explain the many flip-flops, contradictions and confusions in the information given out by the various authorities, for instance, the initial information that MH 370 had lost contact at 2.40 am when it was subsequently established that the aircraft disappeared from the Malaysian air traffic controllers’ radar at 1.21 am Malaysian time.

But the most fatal error which still cries out for explanation is why it took another four hours before the search-and-rescue (SAR) operation was launched, when time is of the essence in such cases as the sooner a SAR mission is initiated, the greater the possibility of finding the wreckage and casualties.

Under civil aviation emergency standard operating procedures, an Uncertainty Phase (INCERFA) should be invoked within 30 minutes when there is concern about the safety of an aircraft or its occupants.

An Alert Phase (ALERFA) should be invoked when there is apprehension about the safety of an aircraft and its occupants, or when communication from an aircraft has not been received within 60 minutes.

A Distress Phase (DETRESFA) should be invoked when there is reasonable certainty that the aircraft or its occupantsw are threatened by grave and imminent danger – or when following an Alert Phase, further attempts to establish communications with the aircraft are unsuccessful

All these emergency standard operating procedures were violated in the MH 370 case, for ALERFA should have been declared at 1.51 am, ALERTA at 2.21 am and DETRESFA before 3 am to lauch a full-scale SAR operation instead of delaying until 5.30 am that day!

Another grave omission is the role of the Royal Malaysian Air Force and the military radar in the MH 370 disaster.

Lim Kit Siang is the DAP Adviser & MP for Gelang Patah

 

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.”

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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.