Is Musa currying favour with the Prime Minister hoping to override Hishammuddin and get another year’s extension as IGP?


The Inspector-General Tan Sri Musa Hassan has acted with unusual alacrity when he announced in less than 24 hours that the police will investigate claims made by the independent Kulim-Bandar Baharu MP Zulkifli Noordin in Parliament on Wednesday that he was asked to implicate the Prime Minister Datuk Seri Najib Tun Razak and his wife Datin Seri Rosmah Mansor in the murder of Mongolian Altantuya Shaariibu.

This is in complete contrast with the foot-dragging and procrastination that top police leadership would indulge in when police reports are lodged against prominent government leaders from Umno and Barisan Nasional.

What is especially extraordinary with Musa’s high-speed response is that no police report had yet been lodged over Zulkifli’s allegation – a pre-condition always insisted on by the police before there could be any police investigation.

As MPs enjoy parliamentary privilege, they have immunity for what they say in Parliament, which bars not only prosecution but also being subject to police investigations for their parliamentary speeches – unless this is waived by the MP concerned or the MP repeated his allegation outside the precincts of Parliament as lodging a police report.

In the circumstances, shouldn’t police investigation be contingent on Zulkifli lodging a police report? It is also useless for Musa to order a police report be lodged on Zulkifli’s speech, as the speech is protected by parliamentary privilege and immunity!

In any event, will Musa announce initiation of police investigations if an allegation is made in Parliament that the Prime Minister has murdered someone or some Minister has committed various crimes under the laws of the country? If not, again why the double standards?

Musa’s alacrity in springing to action when there is no basis whatsoever for police action raises the question whether he is really trying to curry favour with the Prime Minister hoping to override the Home Minister Datuk Seri Hishammdudin Hussein and get another year’s extension as Inspector-General of Police when his one-year contract expires in September.

On 15th March, Hishammuddin had told the press in Parliament that Musa would be replaced as IGP.

He said:

“It is not only specific to the IGP but four out of the seven division directors of PDRM. I already know who is going to replace the IGP. I already know who will replace the commercial crime investigation department director.

“I already know those who will take over, so there is no use speculating or reporting without basis.” (Sun March 16, 2010)

But Musa does not know, as for almost a week later, Musa was still hoping to get another extension as IGP when his one-year renewed contract expires in September, as obvious from Musa’s interview in the Mingguan Malaysia dated 21st March 2010, viz:

“Q – Mungkin terdapat kemungkinan Tan Sri menyambung perkhidmatan selepas September depan?

“Musa – Itu saya tidak tahu. Saya tidak boleh bercakap apa-apa. Kena tanya kerajaan atau Perdana Menteri kerana beliau saja yang tahu.

From this answer, it is clear that Musa has not taken Hishammuddin’s announcement as the last word, despite the Home Minister’s statement that “I know who is going to replace the IGP. I know who will replace the commercial crime division director.”

Hence the speculation whether Musa was trying to curry favour with the Prime Minister hoping to override Hishammuddin and get another year’s extension as IGP come September.

But is it possible for a decision to be taken about the appointment of a new IGP come September without the present IGP knowing?

Under the Constitution and the law of the land, this is not possible.

Article 140 (4) of the Constitution on “Police Force Commission” sets out the manner for the appointment of the Inspector-General of Police and all top police posts.

Article 140 (4) and (5) read:

(4) The Yang di-Pertuan Agong may designate as special posts the posts of Inspector General of Police, Deputy Inspector General of Police and any other posts in the police force which in his opinion are of similar or superior status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Yang di- Pertuan Agong on the recommendation of the Police Force Commission.

(5) Before acting in accordance with Clause (4) on the recommendation of the Police Force Commission, the Yang di- Pertuan Agong shall consider the advice of the Prime Minister, and may once refer the recommendation back to the Commission in order that it may be reconsidered.

Article 140(3) provides that the Police Force Commission shall comprise:

(a) the Minister for the time being charged with responsibility for the police, who shall be Chairman;

(b) the officer of police in general command of the police force;

(c) the person performing the duties of the office of Secretary General to the Ministry under the Minister for the time being charged with responsibility for the police;

(d) a member of the Public Services Commission appointed by the Yang di-Pertuan Agong;

(e) not less than two nor more than six other members, appointed by the Yang di-Pertuan Agong.

As the IGP is statutorily a member of the Police Force Commission which must initially make the recommendation for the appointment of a new IGP, how could Musa be unaware of who will replace him in September if the Police Force Commission chaired by the Home Minister had already met to decide on the matter, as implied by Hishammuddin.

Or was Hishammuddin merely stating that he has his candidate for the post of new IGP although the Police Force Commission had not yet met on the matter – but this will be most improper as under the Constitution, it is not the Home Minister who finally decides on the appointment of the IGP but the Yang di Pertuan Agong on the advice of the Prime Minister, with the option of one reference back to the Police Force Commission for reconsideration of its initial recommendation.

If a new IGP has been decided and the present IGP has no inkling of it, it is not only an unlawful and unconstitutional decision, it will the strongest proof that the speculation of a serious rift between the Home Minister and the IGP is not smoke without fire.

Is this why Musa is keeping his hopes open for another renewal as IGP – which would be in the hands of the Prime Minister, who has to make the recommendation of the appointment to the Yang di Pertuan Agong?

Hishammuddin should clarify the issue and state clearly whether the Police Force Commission has decided on who should be the new IGP, why the present IGP knows nothing about it and most important of all, who will be the next IGP.

  1. #1 by Godfather on Friday, 26 March 2010 - 12:28 pm

    The Hokkiens call it “Curry Lembu” especially when the IGP plays with politics.

  2. #2 by Jamal Malik on Friday, 26 March 2010 - 12:40 pm

    Kit,
    I concur. We all know where he’s coming from. You’ve hit the nail right on the head.
    When a country’s top crime position is held by someone who doesn’t even have proper qualification, how can we expect crimes to be solved ?
    Whilst Singapore’s top offices are held by people with high qualifications, Malaysia’s policy of ketuanan is populating its top offices with half bakes. Now you know why the economy is heading nowhere ? Look at PKFZ. You can bet your last dollar if that has happened in Singapore, they would known very quickly where the monies went. MCA is now trying to bury the person who exposed the fraud. I rest my case.

  3. #3 by dagen on Friday, 26 March 2010 - 1:16 pm

    The gobermen said something about high-speed broadband Internet access recently. And the IGP with the wealth of knowledge he gained from his diploma took that to mean high-speed police investigation and his investigation will be appropriately broadband for it will cover the whole of pakatan.

  4. #4 by k1980 on Friday, 26 March 2010 - 1:26 pm

    http://www.malaysiakini.com/news/127374

    A police report has been lodged against Inspector-General of Police Musa Hassan for giving false testimony about his educational qualifications during Anwar Ibrahim’s corruption trial in 1998.

  5. #5 by DCLXVI on Friday, 26 March 2010 - 1:39 pm

    Hangat hangat kari ayam?

  6. #6 by Dap man on Friday, 26 March 2010 - 1:51 pm

    BN is floating like a rudderless boat in the sea and Najib is nothing more than a headless chicken.
    The country is walking on its head.

  7. #7 by Dap man on Friday, 26 March 2010 - 2:24 pm

    What can we expect from an IGP who only has a diploma in law?

  8. #8 by tunglang on Friday, 26 March 2010 - 2:54 pm

    We have a cheater who holds a post of high responsibility for the law and order of the country. Is there any possibility he might have cheated illegally in some cases under his investigations? Such so called professionals can most likely, posssibly blackmail, lie, manipulate and extort for personal gains.

    Only a coconut head thinks otherwise!
    Blessed is Malaysia with these unqualified, undeserving, criminal-minded, incompetents to run the country.

  9. #9 by k1980 on Friday, 26 March 2010 - 3:09 pm

    By-election in Hulu Selangor coming up. If BN wins, it will be gaining 2/3 majority in Parliament very soon.

    http://www.nst.com.my/Current_News/NST/articles/20100326135731/Article/index_html

  10. #10 by monsterball on Friday, 26 March 2010 - 3:39 pm

    I say this balls carrying and double standards of our IGP is welknown.
    Using the logic…to protect the government of the day…..have shown clearly…this IGP is protecting Najib and UMNO…for reasons he knows best.

  11. #11 by yhsiew on Friday, 26 March 2010 - 3:57 pm

    I have said this many times; now I say it again. Malaysian police are obsessed with politics. As a result, they cannot do well in policing. Cherry Cher, 40, said in today’s thesun that despite the GTP, the crime rate is still evident in isolated areas and some of them still fear for their safety and belongings.

    People like Musa Hassan, who is so keen in politics, should have left his job long time ago and entered politics full time.

  12. #12 by Jeffrey on Friday, 26 March 2010 - 4:50 pm

    There is really nothing to curry. It is not doing those whose names are linked by rumours any favour to re-focus limelight and re-activate unnecessary publicity on this Altantuya’s issue. In fact it might be a disfavour.

    Yes Zulkifli Nordin enjoys parliamentary privilege and immunity regarding what he said in Parliament but this parliamentary privilege and immunity only applies as a shield for him alone against any action/investigation that may be brought against himself but not against those or whosever whom he alleges as trying to implicate the PM.

    I think the police also can initiate an investigation on its own even without a police report being lodged – when there is a tip off (whether from within or outside Parliament) of an offence having probably taken place or there is reasonable cause for the police to believe that it is so.

    However here it is not clear at all what is the nature of the offence that is alleged to have been committed upon which investigation is supposed proceed upon.

    First of all is asking someone to implicate another to a murder case an offence? If so what’s exactly is that offence?

    It is not murder; not attempt to murder. To conspire to hurt someone else? But where is conspiracy where the other party refused to participate, and there’s no conspirator?

    One recalled RPK is already charged for criminal defamation and sedition but that’s for the act of implicating – which is already executed/accomplished – as distinct from what I understand to the present case of someone allegedly intending to secure assistance to implicate another like the PM without the actual consummation/execution of that intent being carried out.

    For example: if a group of youngsters gang rape a woman they will be guilty of gang-rape but if they merely expressed an intent to gang rape but never quite translate that intent into the criminal action – they could have chickened out or suddenly seized by moral compunction not to perpetrate the act – where is the offence? Is mere intent to conspire and implicate an offence by itself when no conspiracy/implicating has actually taken place due to the conspirator allegedly refusing to participate?

    Especially for the Altantuya’s case publicized by charges against RPK, the alleged offender in Zulkifli’s case could always say that it was political talk only, if not jest, with an MP like Zulkifli, who was then in the PKR/PR’s Opposition camp, not meant to be taken seriously.

    Zulkifli may score some political brownie points. It is probably just for that considering how difficult it is to prove such allegations of intent to implicate an offence, and it is also not clear at all what will be achieved by investigations and who will actually benefit or suffer greater detriment from the fall out of an re-activation of this case relating to Altantuya in public space/domain.

  13. #13 by limkamput on Friday, 26 March 2010 - 4:56 pm

    Out of topic, but it must be said.

    1. First, why is PR leadership so dumb? Why must you fellows keep responding to these four former PR renegade MPs? Let them continue saying what they want and soon they will appear like fools. The more PR responds, the more attention they will get, and hence the more venom they will spill. By the way, please don’t use all the non-Malay PR MPs to fight these renegades, knowing that they will use racism and bigotry to fight PR.

    2. Why must PR and DAP continue talking about the alternative budget? There is nothing clever about the budget; it only gives BN more ammunition to shot at PR. Look, PR is not in government yet, so stop talking about programmes and projects which (rightly or wrongly) are likely to alienate some sections of the community. Instead, just concentrate on the abuse, the misuse, the misallocation, the leakages, the overpricing, and the wastage of existing BN budget. This alone will help you to win vote to form the next government. Got it Tony Phua?

  14. #14 by k1980 on Friday, 26 March 2010 - 5:13 pm

    Like in “The Minority Report”, the PDRM aims to apprehend opposition leaders based on “foreknowledge” provided by ex-PKR stooges.

    Should the “foreknowledge” provided turns out to be wrong, the igp will just grin and say, “Takdir lah”

  15. #15 by GreenBug on Friday, 26 March 2010 - 9:51 pm

    The Pakatan Rakyat team are all so engrossed in fighting the renegade MPs and ADUNs and wasting precious time & energy on useless people like Zahrain, Zul Noordin, Tan Tee Beng and whoever they neglect to address big issues including the position of IGP etc. Listen YB Kit, can you all grow up and stay focused and not waste time & energy on petty things etc.?

  16. #16 by lopez on Saturday, 27 March 2010 - 12:24 pm

    if this guy is the 1 who approved police station sign boards to be engrossed with ADVERTISEMENTS and names of SPONSORS then sacked him rightaway.

    do you join the police force to be rich and famous.

    Or do you join the police force to be popular with the POLITICIANS.

    who is immune to the law, the VVVVIP or the people in bolihalnd

  17. #17 by tanjong8 on Saturday, 27 March 2010 - 10:29 pm

    I think we should compile a book cronicling all the scandals and funny happenings in government !

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