By Shannon Teoh | June 27, 2011
The Malaysian Insider
KUALA LUMPUR, June 27 — A retired senior policeman has accused Tan Sri Abdul Gani Patail of superceding the courts by dismissing private investigator P. Balasubramaniam’s statutory declarations (SD) regarding the murder of Altantuya Shariibuu.
Datuk Mat Zain Ibrahim said in an open letter to Inspector-General of Police Tan Sri Ismail Omar today that the Attorney-General was trying to ensure that the Mongolian’s murder case is not reopened.
The Shah Alam High Court ended a 159-day trial in April 2009, meting out death sentences to two police officers who are now appealing the judgment.
“The question now is what right does Gani Patail (picture) have to decide that the contradictions in the two Bala SDs will not affect the Altantuya case.
“Or maybe he would like to admit that he is also acting as the Chief Judge hearing the case,” said the former Kuala Lumpur criminal investigation chief.
In July 2008, Balasubramaniam created headlines when he made public his SD linking then-Deputy Prime Minister Datuk Seri Najib Razak with Altantuya.
He made assertions about the relationship conveyed to him by both the Mongolian and Najib’s associate Abdul Razak Baginda, who was acquitted of abetting the murder.
Barely 24 hours after making the serious allegations, he created a second round of shockwaves when he made a second SD retracting his first, claiming that he was forced to make his earlier declaration under duress.
However, Balasubramaniam made another about-turn after going into exile, insisting his first SD was genuine and challenged the A-G to prosecute him in court.
The issue arose again in Parliament last week when the government said that it would not be taking any further action on Balasubramaniam’s SDs.
Opposition MPs criticised the decision, accusing the Barisan Nasional (BN) administration of being unable to prove that the private investigator’s first SD was false.
Mat Zain, who headed the 1998 police probe into former Deputy Prime Minister Datuk Seri Anwar Ibrahim’s black-eye case, has repeatedly accused Abdul Gani of having deceived the federal government.
He recently called for a royal commission of inquiry to investigate the Attorney-General’s role in destroying public confidence in the police.
#1 by ENDANGERED HORNBILL on Monday, 27 June 2011 - 5:58 pm
Gani Patail has got to be a jantan and sue Mat Zain for all the harassment.
Then malaysians can watch the cesspool overflow.
#2 by sheriff singh on Monday, 27 June 2011 - 6:48 pm
Gani Patail like his predecessor could be slated for a seat in the Federal Court. Very soon.
The new PR Federal Government will then have a headache.
#3 by tak tahan on Monday, 27 June 2011 - 7:49 pm
Although Bala is fickled minded to make few u-turns in a short space of time,i think Alatantuya’case should be reopened again particulary it’s related to someone else life moreover foreigner’ one is involved.I’m afraid if not,this would remained a dark history for Canland in the eyes of the world.Come on Mr PM,brave yourself against your accuser(ordinary people not like you ‘pangkat tinggi’) to prove you are clean or BERSIH or innocence.Otherwise no more singing from Lohseemah and bluff rhetoric from you!Get lost now or face BERSIH!
#4 by bruno on Monday, 27 June 2011 - 9:14 pm
Since the time of Dr. Mahathir all the country’s institutions from PNB to Petronas and EC to the Judiciary all came under the control of the politicians.No single institution was left independent from the meddling hands of politicians.
Because of the widespread corruption practiced by Dr. Mahathir and his cronies,they have to get all the institutions under their control to be immune from the law and to maintain their grip on the political arena.All the civil minded government servants who wouldn’t fall in line were forced out to pasture.
With all these highly prestigious institutions owning their allegience only to the Umno GOM,they went about with their everyday business of milking the country’s economic cow.Not that they only looted the nation’s coffers.They practiced all sorts of oppression,and condoned criminal acts by their members and associates.These criminal acts commited included hooliganism,rapes to murders.Then they used the institutions to silenced their critics.
#5 by bruno on Monday, 27 June 2011 - 9:21 pm
Now this Gani Patail is coming out to be judge and jury.Nowadays they don’t have to go through the proper channel to fix cases.The AG’s office can do it outright in defience of every body.This people flaunt their power openly in the public’s faces.They know that there is nothing the people can do.Come the next GE they will flavor what the people can do.
#6 by bruno on Monday, 27 June 2011 - 9:35 pm
If the AG Ghani Patail cannot play judge and jury and the public institutions are not under the government’s control many prominent people will be rotting in jail.Gangsters,rapists and murderers are loose because of this corruption of the system.
#7 by monsterball on Monday, 27 June 2011 - 9:40 pm
This is not law.
This is a rouge protecting his boss.
Our government has reached all time low under Najib…as he is the one needing protection most.
#8 by ENDANGERED HORNBILL on Monday, 27 June 2011 - 10:35 pm
Reason : court notes too copious.
Hello, what do you expect?
Now, if the trial has taken X months & a decison has been given in court & 2 cops lives are on the line; what does that mean? The judge has not read his notes or what? Then, how can a judgemnt be given in court, ah?
Now if judge has not perused documents, surely no judgment can be given. If judge has perused the documents, why does it take so long to write?
It will be interesting to see how many volumes the judgemnt will take…I mean, considering it is takng so long to write.
Then, it should not take the judge longer to write than the time taken for the trial itself. besides, the judge must have had the time to consider the merits of the arguments during the long trial itself.
But what puzzles laymen is why should the judge take so much time to write what he has already pronounced in court. I mean, how can you sentence men to prison anmd to death if you are not yet ready to give a clear and detailed statement of your judgment.
Really, justice must be seen to have been served and meted fairly.
I thought I understand a thing or two about law. But I am thoroughly at sixes and sevens when it comes to malaysian legal practice.
Got law or no law?
#9 by ENDANGERED HORNBILL on Monday, 27 June 2011 - 10:40 pm
Oops, d context is, according to nazri, judge has so much notes and documents to pore over and so has not written judgment.
I think we need Justice N H Chan to explain why a judge should take so long to write a judgment after oral judgemnt has been given in open court.
What is the meaning of natural justice? All laymen understand natural justice, I believe. The 2 cops sentenced to death deserves to see justice as well.
I smell a sandiwara somewhere. Hello, UMNO, boleh tolong jelaskan, ah?
#10 by bruno on Monday, 27 June 2011 - 10:53 pm
After the court finally decided on the case,whatever the outcome,life or death sentence it doesn’t matter.The suspects will be whisked away with their families to undisclosed locations living the rest of their retirement lives in luxury.Maybe in bungolow houses on the hilltop or near the beaches.After all nobody actually see their faces.First time in the under developed world history.
#11 by tak tahan on Monday, 27 June 2011 - 11:28 pm
Even the Stone Age law would be better if compare with Umno/BN’s law.We are in outlaws’ country for more than 50 years with these morons and clowns turning our so versatile and rich bolehland upside down and gone haywire.Our country is currently in the state of short-circuit-failure of fair and right interception,preventive and jurisdiction by non-intact integrity evil government-hence ended up we have this utterly rubbish and disgusting(dive and rule) and the the meanest way of social life-typical and the only one in the world.F**k YOU,fake Malay leaders(umnoputras and bapak racist) who only know how to cheat,steal and enjoy with good f**k but neglect your country and people who trusted and put you on the most comfortable ‘ water closet’ pedester(sitting toilet).Yet you pangsai everywhere and tarnish our image and reputation.How?How could you address yourself Prime Minister if like that?..ar..chiak sai lah lu!
#12 by cemerlang on Monday, 27 June 2011 - 11:49 pm
alamak ! what sort of bloody thing is this ? still not solved yet kah ? chilakak all these people. F ! why keep on chasing the duck ?
#13 by ENDANGERED HORNBILL on Tuesday, 28 June 2011 - 1:44 am
Someone should write a book: “Law for Dumb Idiots” or “Law 101 for Dumb Idiots”:
– Reason 101 for delay in writing judgment: Court documents too copious, notes of evidence too thick.
Quote Lord Denning: “Kopi-O tak cukup kow”.
#14 by monsterball on Tuesday, 28 June 2011 - 2:16 am
Concerning Atlantuya murder case…our come a judge defending Najib as jury and judge.
You wear BERSIH T-shirt..you get arrested.
Lengendary poet Samad wrote a poem on BERSIH…got arrested and questioned.
He is so old..and vow to walk at BERSIH rally.
Government guys say Malaysian communists are active again.
I wonder why they did not say Chin Peng is the mastermind.
All the reasons and excuses to shut mouths and arrests are so ridiculous..and nonsensical stuffs…shows one thing and one thing only.
These so call Laws and Defenders of the country are defending a corrupt government and a political party.
They are political minded racists…afraid to have a change in government..afraid to have a CLEAN government….loosing the chances to live like millionaires under a corrupt government..taking bribes with no fear.
These are the scums of Malaysia we must vote and get rid of.
Najib falls….all the corrupted rouges will fall with him.
Najib’s fall ….UMNO B will close shop.
That’s why..he said he will defend his leadership with his life….and so communists invading Malaysia are told to Malaysians…to prepare for a war.
Who are the Communists?
Why all Malaysians against him are communists and traitors.
Have you ever encounter such low class politics in your life?
#15 by Jeffrey on Tuesday, 28 June 2011 - 11:21 am
Re ENDANGERED HORNBILL’s musings on writing judgments. You can speculate on 3 possibilities in scenarios of such sorts. (1) written judgment activating appeal process delayed awaiting some other extraneous development; (2) Judgment given first and writing later because judgment in one direction has to be made first, then only after one thinks of how to write to justify it. T’is called expofacto-rationalisation! (3) if justification requires 4000 pages of written judgment then it is no easy task unless one is like Eusoffee Abdoolcader (1st class honours in law) loves to read, research the law, analyse, write, strong command of the English language, and ravels in such strenuous intellectual task in preference to play golf and conferences.
One cannot delegate entirely. One can get some friendly senior lawyer requiring a judge’s patronage to give some input – but something like 4000 pages, its still a momentuous task. You should ask CJ whether his judges are up to this kind of task to write judgments quick and dispense justice.
#16 by Sapere Aude on Tuesday, 28 June 2011 - 2:19 pm
“He who lives by the magister dixit dies by the magister dixit.”
This is something PDRM should understand.
The rakyat sincerely urge our police force to strictly follow the laws of our land and stay above politics while carrying out their duties.
We pray that the IGP Tan Sri Ismail Omar will have the courage to reform the police force, for all is not lost, and take a cue from what our former IGP Tun Hanif Omar had said – “In a functioning democracy, we only get what we deserve. Now, that’s a statement worth pondering on. There is no use sitting on our rump and bemoaning our fate. We have to do something, but it should be “intelligent action.” (“To service, reformers must watch their backs” by Tun Hanif Omar, the Sunday Star, 6 Nov. 2005)
#17 by Loh on Tuesday, 28 June 2011 - 8:20 pm
///One cannot delegate entirely. One can get some friendly senior lawyer requiring a judge’s patronage to give some input – but something like 4000 pages, its still a momentuous task. You should ask CJ whether his judges are up to this kind of task to write judgments quick and dispense justice.///–Jeffrey
The lawyer of the Koret, koret, koret fame can do it in now time.