Archive for category Constitution

Why was the monstrous and pernicious National Security Council Bill passed like “a thief in the night” in a late-night session on the last sitting of the 25-day Parliamentary meeting without any prior notice to the major stakeholders in the land?

Both the Prime Minister, Datuk Seri Najib Razak and the Deputy Prime Minister, Datuk Seri Ahmad Zahid owe Parliament and the nation a full and satisfactory explanation as to why the monstrous and pernicious National Security Council (NSC) Bill was passed like “a thief in the night” in a late-night session on the last sitting of the 25-day Parliamentary meeting without any prior notice to the major stakeholders in the land?

Najib’s kitchen Cabinet of trusted Ministers and top government officers and advisers must be congratulated for pulling off one of the most remarkable feats in Malaysian government history, keeping the monstrous and pernicious NSC Bill completely under wraps without any one knowing about it, and even the snooping journalists with the most trained noses to sniff out the goings-on in the corridors of powers, have been completely bamboozled this time.

But this adds to the mystery – why was the NSC Bill kept under such tight lock-and-key that when it was first tabled in Parliament for first reading on Tuesday, 1st December 2015, it did not attract widespread attention and alert that it was such a monstrous and pernicious bill which not only usurped the powers of Yang di Pertuan Agong, the Cabinet and the powers of autonomy of the Sarawak and Sabah state, but would set the country off on the long dark road to a dictatorship? Read the rest of this entry »

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3 reasons you should be worried about the National Security Council Bill

Julia Yeow
The Malaysian Insider
6 December 2015

Just before the stroke of midnight last Thursday, December 3, Parliament passed the National Security Council Bill that nobody, not even the hawk-eyed opposition or the wide network of civil society groups, had any premonition of before it was tabled a mere two days earlier.

All peace-loving Malaysians regardless of your political affiliations, or even if you really couldn’t give two teh tariks for politics, have good reason to be concerned when this security law comes into force.

The manner in which it was bulldozed in Parliament, the ease with which it was passed and the ramifications of the vast executive powers it confers to members of the National Security Council (NSC) have left little to the imagination as to the sinister undertones of this Bill. Read the rest of this entry »

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Islam in a Constitutional Democracy

— G25 Forum
Malay Mail Online
December 6, 2015

DECEMBER 6 — We, members of G25, at the conclusion of the Forum on Islam in a Constitutional Democracy at PAUM in Kuala Lumpur on December 5 and 6, 2015, agree on the following statement of reaffirmation:

Having discussed the role of Islam in a Constitutional Democracy under four themes namely;

i) The Federal Constitution and Shariah Law.

ii) Issues of Conflict between Shariah law and Civil law, and impact on the Federal /State division of powers in Malaysia’s legal system.

iii) Islamisation and its Consequences.

iv) Islam and Politics.:

Reaffirming our commitment to upholding the Federal Constitution as the Supreme Law of the Nation;

Reaffirming our commitment to upholding the Rukun Negara which articulates the principles and goals that should guide the Nation;

Reaffirming our belief that political stability and economic progress in a multi-ethnic, multi-cultural and multi-religious nation like Malaysia can only be achieved when there is racial harmony, tolerance, understanding and co-operation amongst the various communities; Read the rest of this entry »

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Challenge to Deputy Prime Minister-cum-Home Minister Zahid Hamidi to public debate on the National Security Council Bill as it paves the way for a dictatorship and does not safeguard public and national security

Deputy Prime Minister-cum-Home Minister, Datuk Seri Zahid Hamidi has denied that the National Security Council (NSC) Bill which was passed in indecent haste by Dewan Rakyat 107 to 74 votes in a late-night sitting on Thursday had any political motive or gave absolute power to the Prime Minister.

Zahid claimed that the NSC bill was to strengthen enforcement in comprehensively looking after the security of the people in the country and the full executive power is not with the Prime Minister but with the National Security Council as had been done before with Poca and Pota, namely, the crime prevention law and terrorism prevention law.
He further claims that overall, the NSC Bill is aimed at safeguarding public and national security.

I challenge all these claims by Zahid and I further challenge Zahid to a public debate on the NSC Bill as it paves the way for a dictatorship and does not safeguard public and national security.

The public debate could be held in Kuching, Kota Kinabalu, Kuala Lumpur, Penang or Johor Baru and I leave it to Zahid to decide on anyone or even at all of these five venues. Read the rest of this entry »

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What is the use of having seven Ministers and 25 Members of Parliament from Sarawak Barisan Nasional if they cannot even defend the basic rights for Sarawak autonomy which faced the greatest threat since formation of Malaysia in the form of the National Security Council Bill

The seven Ministers and 25 Members of Parliament from Sarawak Barisan Nasional would have made a great difference and stopped the National Security Council Bill – the greatest threat to the basic rights of Sarawak autonomy since the formation of Malaysia 52 years ago – in its tracks if they had spoken out against the Bill.

The National Security Council Bill is the most monstrous piece of legislation that I have seen since my election to Parliament 46 years ago in 1969, for it would confer the Prime Minister with dictatorial powers, and in areas which are declared as “security areas”, the Prime Minister’s National Security Council would be able to do whatever it deems necessary (which is completely unheard-of in modern democratic governance) but also confers immunity for whatever violations and atrocities against human rights, even involving deaths, committed under the auspices of the National Security Council.

This is because the National Security Council Bill specifically provides that there would be no accountability whatsoever (everything will be protected under the Official Secrets Act) and there is even no need for post mortems in cases of mysterious deaths in security areas. Read the rest of this entry »

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Senate should veto the National Security Council Bill as it is a quadruple power grab at the expense of Yang di Pertuan Agong, the Cabinet and the autonomy powers Sarawak and Sabah and refer it back to Dewan Rakyat after full national consultative process

The Senate should veto the National Security Council Bill which was rammed through the Dewan Rakyat in indecent haste in a late-night sitting last night, which was sprung as a total surprise on the nation as Members of Parliament on both sides of the House and the civil society did not have any clue beforehand that the government was preparing to enact such a monstrous legislation which is no less than a quadruple power grab at the expense of the Yang di Pertuan Agong, the Cabinet and the autonomy powers of Sarawak and Sabah.

The National Security Council Bill was surreptitiously presented for first reading on Tuesday on Dec. 1, and even without any briefing for Barisan Nasional MPs especially from Sarawak and Sabah, the second and third readings of this monstrous Bill was rushed through Parliament yesterday, with BN MPs particularly from Sarawak and Sabah voting for it blindly like robots although they did not fully understand its far-reaching implications, including undermining the very autonomy powers of Sarawak and Sabah which have become the burning issues in these two states.

In fact, I do not believe that the 37 Ministers of the Cabinet could have discussed, debated or understood the National Security Council Bill before it was presented to Parliament for a shot-gun passage, for no self-respecting Cabinet would have agreed to such power-grab by the Prime Minister, who is in fact setting himself up as a dictator who need not pay heed to what is already a very supine and servile Cabinet! Read the rest of this entry »

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As IGP and AG have rubbished Charles Morais’ statutory declaration, an independent international inquiry into killing of Kevin Morais provides a golden opportunity to clear Malaysian government’s good name and integrity which have been dragged into the mud by recent scandals

As the Inspector-General of Police, Tan Sri Khalid Abu Bakar and the new Attorney-General Tan Sri Mohamad Apandi Ali have rubbished the shocking revelations in the statutory declaration by Charles Morais in connection with the murder of his brother and Deputy Public Prosecutor Kevin Morais, a golden opportunity opens up to clear the Malaysian government’s good name and integrity which had been dragged into the mud by recent scandals.

If there is no basis whatsoever to the shocking allegations in Charles’ statutory declaration in connection with the equally shocking murder of Kevin, an independent international inquiry into the killing of Kevin would clear and go a long way to rehabilitate Malaysia’s good name and integrity, especially in the important areas of law enforcement and the upholding of the rule of law.

It is trite to say that Malaysians have lost confidence and trust in the credibility and even legitimacy of any local investigations into “high profile” cases – whether involving the police and the Inspector-General of Police, the new Attorney-General (bearing in mind the circumstances of his sudden appointment on 24-hour notice job-switch from a Federal Court judgeship and the sacking of the Tan Sri Gani Patail as Attorney-General) or worst of all, the Prime Minister, Datuk Seri Najib Razak, now bearing all the “crosses” of his ever-ballooning twin mega scandals.

This is why at the “Solidarity with Lim Kit Siang & Mana RM2.6 billion?” DAP ceramah at Prai, Penang last night, I had called for a new, full and independent international inquiry into Kevin’s murder, following Charles’ statutory declaration. Read the rest of this entry »

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A response to the Attorney-General

— G25
Malay Mail Online
November 15, 2015

NOVEMBER 15 — We, members of G25, wish to refer to the interview that the Malaysian Insider had with the Attorney-General as published in the Malaysian Insider on 14 November 2015 under the heading ‘Why the snub, Apandi asks Bar Council’.

We wish to make the following comments.

Firstly, we are perturbed to note that the Attorney-General is reported to have said —

‘G25 consists of those have-been government servants, isn’t it? Have-beens.’

With respect to the learned Attorney-General we consider it arrogant, crude and unnecessarily offensive for him to have referred to us as “Have-beens’.

Secondly, Tan Sri Apandi appears to be under the delusion that since we have retired from Government service therefore we could no longer contribute constructive ideas for the good governance of our country. Read the rest of this entry »

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No “Lazy Malays” During The Japanese Occupation

M. Bakri Musa
www.bakrimusa.com
Oct. 6, 2015

The Japanese Occupation briefly interrupted British colonial rule. Japanese troops landed in Kota Baru in the early morning of December 8, 1941, and surrendered some 43 months later. That was only a blink in our history but to those who suffered through that terrible period, it was eternity. As brutal as it was, Malays as a culture and community survived.

There was one significant but not widely noted disruption and humiliation of Malay culture during that period. The Japanese, despite their reverence for their own Sun God Emperor, had little use or respect for Malay sultans. At least the British maintained the facade of respect even though those sultans were essentially colonial puppets.

The colonials saw in the institution of Malay sultans an effective means of indirect rule. The British knew full well the reverence Malays had for our sultans. The British must have learned a thing or two from observing kampong boys herding their kerbaus (water buffaloes). Pierce a ring through the lead buffalo’s nose and then even a toddler could effectively control the herd by pulling on the rope tied to that lead beast’s ring.

That essentially was the British approach to controlling the Malay herd; pierce a ring through their sultan’s nose. The rope may be of silk and the ring of gold, but the underlying dynamics are the same. Read the rest of this entry »

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Support for the call by G25 Group of Eminent Malays for the separation of the powers of the Attorney-General as legal adviser to the government and that of Public Prosecutor to ensure that political influence is not brought to bear on prosecutorial decisions

The call by the G25 Group of Eminent Malays for the transfer of the prosecutorial powers of the Attorney-General to an independent office of the Director of Public Prosecutions deserves support and action by Parliament.

The G25 Group statement said:

“There is a fundamental conflict of interest in the functions and powers of the AG, which enables him to take action against national interests.

“It is poor governance that the AG is the legal adviser for the government of Malaysia and also the final arbiter on decisions to prosecute.”

The conflict-of-interest and the subordination of national interest to sectional and political interests that can arise as the result of the Attorney-General being vested with these two functions and powers has been most vividly and dramatically highlighted by investigations into the two mega-scandals of 1MDB and the RM2.6 billion “donation” in Prime Minister Datuk Seri Najib Razak’s personal banking accounts – resulting in the shocking sacking of the Attorney-General Tan Sri Gani Patail on July 28 amidst controversy that the Attorney-General’s Chambers was preparing to charge the Prime Minister Najib for corruption in connection with the 1MDB scandal, the dissolution of the multi-agency Special Task Force into the 1MDB scandal and the three-month stoppage of Public Accounts Committee from continuing its 1MDB investigations. Read the rest of this entry »

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Bad week for rule of law and credibility and professionalism of key national institutions like police and judiciary contributing to the “Perfect Storm” confronting Malaysia

This is a bad week for the rule of law and the credibility and professionalism of key national institutions like the police and the judiciary with multiple developments.

I will just cite three instances.

The first is mystery of the sudden and shocking sacking of the Attorney-General Tan Sri Gani Patail some two months before his compulsory retirement age and his disappearance from the public domain in the wake of speculation that Gani was on the verge of filing charges against the Prime Minister, Datuk Seri Najib Razak for corruption in connection with the RM50 billion 1MDB scandal and that Najib had pre-empted Gani from prosecuting him by summarily sacking him as Attorney-General.

Gani’s sacking was followed by inter-departmental internecine warfare with police arrests of key officials in the Attorney-General’s Chambers, Bank Negara and the Malaysian Anti-Corruption Commission which degenerated into an intra-departmental police tussle, involving the No. 2 man in the Police Special Branch, Abdul Hamid Bador.

What is truth and what is fiction? Read the rest of this entry »

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Three lessons in a national soul-searching as to what has gone wrong with over five decades of nation-building that there was a Red Shirts Malay Rally replete with racial slurs and provocations on Malaysia Day itself and with government approval

Malaysians must conduct a national soul-searching as to what has gone wrong with over five decades of nation-building that there was a Red Shirts Malay rally replete with racial slurs and provocations on Malaysia Day itself and with government approval.

Police estimated that some 35,000 Malays from all over the country converged in Kuala Lumpur – a few not knowing why they were being brought to the Federal capital – to uphold Malay dignity on the ground allegedly that Malay rights were under threat.

UMNO veteran and stalwart, Gua Musang MP Tengku Razaleigh Hamzah rightly said today that he did not know where the perceived threats to Malays were coming from.

He said: “You have got the government that is headed by a Malay, state governments headed by Malays with the exception of one in Penang. The civil service is mostly made up of Malays.

“The army are mostly Malays and we also have Malay rulers. I don’t know where the threats are coming from.”

Even the fourth and longest-serving Prime Minister of Malaysia, Tun Dr. Mahathir Mohamad said that he was clueless about the objectives of the Red Shirts Malay rally, although it was meant to be a counter-demonstration against the allegedly Chinese-dominated and DAP-masterminded (completely untrue and baseless allegations) Bersih 4 overnight rally on August 29 and 30. Read the rest of this entry »

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Unconstitutional for speaker to deny no-confidence motion

– Tommy Thomas
The Malaysian Insider
8 September 2015

The prime minister reportedly said his administration cannot be toppled by “street demonstrations” because it would be against the Federal Constitution.

Whatever the intentions of the organisers and participants of Bersih 4, the rally could not force Datuk Seri Najib Razak to step down as prime minister from a constitutional and political perspective.

People power, however strong and widespread, cannot overthrow a government under the Westminster style of parliamentary democracy which we have adopted nearly six decades ago. Read the rest of this entry »

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Bar Council seeks lawyers’ nod to sue anyone blocking probe into 1MDB, RM2.6 billion donation

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
The Malaysian Insider
9 September 2015

The Bar Council wants its members to give their mandate to take legal action against any person responsible for obstructing investigations into the 1Malaysia Development Berhad (1MDB) fiasco and the case of the RM2.6 billion “donation” channelled into the prime minister’s private accounts.

This is among the suggestions forwarded by president of the Malaysian Bar Steven Thiru, who will move the motion at its emergency general meeting in Kuala Lumpur on Saturday.

Copies of the motion were sent to 16,000 lawyers in the peninsula yesterday.

A copy of the motion, sighted by The Malaysian Insider, also stated that the Bar mandates the council to take steps to affirm and preserve the rule of law, to uphold the Federal Constitution and to protect the administration of justice. Read the rest of this entry »

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Ten days have passed, IGP Khalid should declare whether the police have found any plot to topple the elected government by violent or unconstitutional means

For ten days, the new Deputy Prime Minister and Home Minister, Datuk Seri Zahid Hamidi had been on a rampage with his tall tale of a heinous and treacherous plot to topple the elected government in Malaysia, aimed at sending the country into a frenzy with two objectives:

• to distract the nation from the twin scandals of 1MDB and the RM2.6 billion in Najib’s personal bank accounts; and

• to neutralise and flush out potential challengers to his new-found position as the heir-apparent to the highest office of the land.

He even got the Inspector-General of Police, Tan Sri Khalid Abu Bakar to play second fiddle by getting the police to go on a “wild goose’s chase” to investigate police reports based on Zahid’s claim of a plot by an Umno leader to topple the government under Section 124B of the Penal Code on “activities detrimental to parliamentary democracy”. Read the rest of this entry »

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Political leaders can meet and discuss Mahathir’s interesting proposition to see how far it could advance the cause of “Save Malaysia”

(Scroll down for English text)

Pemimpin-pemimpin politik boleh bertemu dan membincangkan cadangan menarik Mahathir untuk melihat sejauh mana ia boleh membawa kepada matlamat “Menyelamatkan Malaysia”

Pada Mac tahun ini, saya telah menyarankan agar rakyat Malaysia mengumpul keberanian untuk memikirkan perkara-perkara yang tidak terfikirkan, termasuk membayangkan kemunculan seorang Perdana Menteri baru dan gabungan kerajaan baru sebelum Pilihanraya Umum ke-14 dalam tempoh tiga tahun ini bagi “Menyelamatkan Malaysia”, mempertahankan Perlembagaan Malaysia, kedaulatan undang-undang dan membentuk urus tadbir yang baik.

Menerusi beberapa kenyataan media dan ucapan sepanjang Mac dan April, saya telah membincangkan kemungkinan wujudnya satu pakatan besar “Menyelamatkan Malaysia” pasca-BN dan pasca-PR.

Saya juga telah menyatakan dengan jelas bahawa jika pakatan besar “Menyelamatkan Malaysia” pasca-BN dan pasca-PR itu dibentuk, ia mestilah tidak terhad kepada hanya kaum atau agama tertentu tetapi meliputi semua kaum, agama, dan daerah, atau dalam ungkapan lain, sebuah kerajaan gabungan yang jamak-kaum, jamak-agama dan jamak-daerah, meliputi Muslim dan bukan-Muslim, Melayu dan bukan-Melayu, serta warga Malaysia dari Semenanjung Malaysia, Sarawak dan Sabah.

Gabungan itu juga mesti melampaui pakatan dan parti politik sedia ada, merangkumi Ahli-Ahli Parlimen dari kedua-dua kubu politik dan juga kedua-dua sisi Laut Cina Selatan, iaitu meliputi Sabah, Sarawak dan Semenanjung Malaysia, bagi mempertahankan perlembagaan dan kedaulatan undang-undang dengan seorang Perdana Menteri baru dan sebuah kerajaan Malaysia yang baru. Read the rest of this entry »

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Did the new Attorney-General start off his tenure making a public statement which is far from the truth when he said that the purported corruption charge sheet against the Prime Minister was a fake?

The 2015 Sabah earthquake which struck Ranau with a magnitude of Richter 6.0 on 5th June lasted for 30 seconds, but it killed 18 people on Mount Kinabalu and caused some 90 aftershocks for the following next three weeks.

Similarly, the convulsions in the very sanctum of Federal government in Putrajaya in the last days of July, which saw the sacking of the Attorney-General and Deputy Prime Minister on 28th July and the arrests and harassment of top government officers in key institutions are still having their aftershocks – like yesterday’s sudden and abrupt transfer out of the Special Branch (SB) of the deputy director of the police intelligence agency, Datuk Abdul Hamid Bador to the Prime Minister’s Department reporting directly to the Prime Minister, Datuk Seri Najib Razak!

Abdul Hamid, who had been with the Police force for 37 years, was completely in the dark on the reasons for his abrupt transfer to the Prime Minister’s Office, reminiscent of the sudden transfer of two Malaysian Anti-Corruption Commission (MACC) directors, Bahri Mohd Zin (special operations division) and Rohaizad Yaakob (strategic communications) at the height of the recent stand-off between the Police and MACC over investigations into 1MDB and the RM2.6 billion Najib personal accounts, which also saw the most extraordinary solat hajat (special prayers) by MACC officers seeking divine intervention to allow MACC officers to carry out their anti-corruption duties.

Although the immediate and punitive transfer of Bahri and Rohaizad out of MACC to the Prime Minister’s Department had been cancelled because of adverse public reactions, penalties are being considered to punish the two MACC directors – which the powers-that-be should know could not be kept secret but would have to be fully explained and accounted for when Parliament reconvenes on October 19 for the 2015 Budget meeting.

And what of Abdul Hamid? Read the rest of this entry »

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Call on the IGP to arrest Housing Minister Abdul Rahman Dahlan for publishing “false news” under the PPPA for his Star Online Interview unless Abdul Rahman can prove that there was actually a plot to criminalise the Prime Minister and topple him from office

In his Star Online interview, which is not available on the printed edition of The Star today, the Barisan Nasional Strategic Communications Director, Datuk Abdul Rahman Dahlan who is also Minister for Housing and Local Government, is guilty of publishing two false news unless he could prove their truth and veracity, viz:

Firstly, that there was an attempted coup against the Prime Minister, Datuk Seri Najib Razak by criminalising him and topple him from office; and

Secondly, that there was already a coup and unconstitutional grap for power by the then Attorney-General, Tan Sri Gani Patail when illegally and arbitrarily, the Special Task force headed by him investigating into the 1MDB and the RM2.6 billion deposit in Najib’s personal accounts in AmBank investigated the Prime Minister in order to “criminalise” the Prime Minister.

These are serious assertions by a Minister of the country, and must be considered as “false news” falling under the Printing Presses and Publications Act 1984 unless Rahman could prove their truth and veracity.

I call on the Inspector-General of Police, Tan Sri Khalid Abu Bakar to arrest Housing Minister Abdul Rahman Dahlan for publishing “false news” under the Printing Presses and Publications Act for his Star Online Interview on a plot to criminalise the Prime Minister and topple him from office unless Rahman can prove the veracity or truth of these serious allegations.

Three important strands of police investigations into Abdul Rahman’s Star Online interview should be:

(1) Whether there was a plot in the last days of July to stage a coup against Najib as Prime Minister by criminalizing him and toppling him from office;

(2) Whether there had been illegal and unconstitutional acts to overawe and frustrate the Attorney-General from exercising his discretionary powers under Article 145(3) of the Constitution to “institute, conduct or discontinue any proceedings for an offence”;

(3) Whether there was any basis for charging the Prime Minister for the offence of corruption. Read the rest of this entry »

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Is former AG Gani Patail a free man, and if so, why he could not appear in public to explain truth or otherwise of alleged draft corruption charge sheet against Najib?

The newly-minted Attorney-General Tan Sri Mohamed Apandi Ali has dismissed the purported draft of a corruption charge sheet against Prime Minister Najib Abdul Razak published on whistleblower website Sarawak Report as false.

When the new Attorney-General could not say a simple “Yes” or “No” whether Gani, who had served as Attorney-General for nearly 13 years and was only about two months away from Oct. 6 when he is reaches 60 years and mandatory retirement, was summarily sacked as AG on Tuesday on July 28, 2015, Apandi is telling all Malaysians that he is capable of varnishing the truth, quibbling and equivocating instead of telling “the truth, the whole truth and nothing but the truth”!

Under these circumstances, Apandi’s denial must be taken with a pinch of salt until and unless he could produce the former AG, Gani Patail, to publicly explain the circumstances and the truth or otherwise of the draft corruption charge sheet against Najib. Read the rest of this entry »

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Is the sacking of AG and DPM a multiple attack on the national institutions including the Press, Parliament, the 1MDB “special task force” comprising AGC, BNM, MACC and Police to save Najib from the 1MDB scandal?

The past 72 hours have deepened the mystery and national foreboding about the sacking of the Attorney-General Tan Sri Abdul Gani Othman, the Deputy Prime Minister, Tan Sri Muhyiddin Yassin and the Minister for Rural and Regional Development, Datuk Seri Shafie Apdal.

The question that is looming ever larger is whether the sackings represented a prelude to a multiple attack on the national institutions including the press, Parliament, the 1MDB “special task force” comprising the Attorney-General’s Chambers, Bank Negara Malaysia, Malaysian Anti-Corruption Agency and the Royal Malaysian Police to save the Prime Minister Datuk Seri Najib Razak from the 1MDB scandal.

The latest political hurricane started with the totally unacceptable reason for the sudden and summary sacking on Tuesday of Gani as Attorney-General who had served as the first legal officer of the Crown for 13 years and two months short of retirement on reaching 60 years old, on the ridiculous ground of “health reasons”. Read the rest of this entry »

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