The Premier’s Mistake

By Mat Zain bin Ibrahim

We all make mistakes. It’s only natural as human being, that we have our own weaknesses and that we get things wrong from time to time.

Prime Minister Dato Seri Mohd.Najib Tun Razak,like any other ordinary human being, naturally has weaknesses and do get many things wrong from time to time, albeit not ready to own-up to any of them.However, with due respect, I am of the opinion, that one of his greatest misjudgement was retaining Tan Sri Abdul Gani Patail as the Attorney General.

PM Najib knew all along, well before he assume the Premiership, that the AG have been proven to be involved in some criminal wrongdoings. Despite being warned, that retaining the AG would be an added liability to himself and a big risk to his administration, he chose to let the AG not only to remain in office, but gave the latter wider space.

I know for certain, that the PM was fully advised on this matter. The possibility of the PM not being able to fathom the seriousness of the issue should not arise at all.

The Premier’s own remarks on the roles of both Gani Patail and Musa Hassan, during our conversation in October 2008, convinced me that the PM have already been made aware of the background of the case, before our meeting. The follow-up report specially prepared for him, in February 2009, would have cleared any doubts the PM may have.

Anyone would have expected, that once the PM has been made aware, that the administration of justice, has been tainted with frauds and illegalities, especially when the perpetrator is the top most legal officer of the country,it is incumbent upon him, to act on the information, swiftly and decisively. Sadly, after more than three years since the matter was brought to his personal attention,the situation seems to be moving from bad to worse.

This is not about “Black-Eye” as the Cabinet tried to portray.This is not about who assaulted who. This is about cover-ups and abuse of our legal system. This is about those in power knowingly allowing the administration of justice to be filled to the brim with frauds, deceits and illegalities. This is about misleading the citizens and giving them false hopes. This is about whether the people in power are sincere and truthful to their words or otherwise.

I am referring to the article posted in Malaysian Insider dated 7th October 2011 entitled “Putrajaya stands by refusal to charge AG”. I choose not to split hairs with the Honourable Minister in Prime Minister’s Department who has given the Government’s lengthy reply over this issue on 14.12.2010. I have reasons to believe, the Minister himself has been misled.

For the benefit of all,the facts in issue are summarized below:

  1. The allegation against Gani Patail, Musa Hassan, Dr.Abdul Rahman Yusof and myself for falsifying evidence was made on 1.7.2008.

  2. The investigation was conducted by the ACA (later MACC). I must say that the investigation was done thoroughly and professionally.

  3. It was at the decision stage by the Legal Division,that the twisting and turning started.

  4. The investigation paper never went to the AG’s Chambers (AGC). I was made to understand that no one at the AGC have sight of the paper. Not even the Solicitor General (SG). The SG was never involved in the investigations. His part was limited to appointing the so called Independent Panel Members (IPM) as Deputy Public Prosecutors (DPPs) only,without having the full facts of the case. How the IPM were chosen,who decided to choose them and the panel’s term of reference, was never made known.

    Nonetheless one thing of which I am certain, is that the Investigation paper involving the AG, was not closed by the SG as most people would have thought.

  5. The paper was closed by one Dato Abdul Razak Musa(Razak) of the MACC. Razak have the powers of a DPP no doubt, but considered “junior” in rank within their hierarchy.

  6. The reasons the SG did not close the paper himself, although he was the one who appointed the IPM, but instead allowed Razak who is more junior to him, to do the closure, is for SG or Razak to explain.

  7. As to why the IPM did not close the investigation themselves, since they were all given the powers of a DPP, is for the SG to explain, since he was the one who appointed them.Whether Razak has the power to supersede the SG and has the authority to overturn the findings of at least one member of the IPM, are for them to disclose.

  8. With regard to appointing the IPM, there are no such provisions in the Criminal Procedure Code (CPC) or for appointing any other Panel for that matter. As far as I know there’s no such definition anywhere in the CPC.

  9. There are however provisions for the appointment of DPPs and senior DPPs as stipulated under Seksyen 376 CPC. These appointments can only be made by the Public Prosecutor himself. The law says, that only the PP, and he alone can make such appointment. That powers cannot be exercised by anybody else, under any circumstances, not even by the SG, full stop. Anyone that is unsure about this provisions are free to refer to the CPC which is a public document. If any person says, that the SG has the powers to appoint DPPs, then either that person is wrong or the CPC made a mistake.

  10. On 1.3.2009 the then Chief Commissioner of MACC, Dato Seri Mohd. Said Hamdan, during an elaborate press conference, announced that all the 3 IPM, independently found that the allegation against Gani Patail and the others are baseless. However on 11.3.2009 The Hon. Minister announced in Parliament that one member of the IPM, found that there are indeed evidence to prove Gani Patail’s involvements in the alleged wrongdoing. Both Mohd. Said and the Minister cannot be right at the same time, since both gave contradicting statements on the same matter.

    What both of them may not realize was that, I have already informed the PM on the formation and findings of the so called IPM as early as October 2008, five months before their announcements were made public.

  11. Incidentally during his press conference, Mohd. Said did state, which I am quoting here; “We went to the extent of appointing independent persons. But how can we make the public believe the findings? Do you think when we release this information,the public will accept it?” (The Star 1.3.2009). True enough, when the results was made known, the public got more confused and unsure whether to believe Mohd. Said or the Minister.Both maintained they were never wrong. Simply, it goes to show that Mohd. Said knew all along that what they did was not according to the laws and procedures,that he rightly anticipated public backlash.

  12. The powers to conduct an investigation on any person is one thing. Even a Sergeant can do the job. The decision to charge the AG for the crimes he committed, are within the powers of any DPP, but the powers to adjudicate the conduct of an Attorney General is totally another matter. This power is beyond the reach of the SG or the MACC Chief or any Minister.

  13. The provisions in the Constitution are very clear. When the conduct of the Attorney General becomes an issue, only the YDP Agong is empowered to establish a Tribunal upon a representation presented to His Majesty by the PM. There’s no other option.This is a matter strictly between the PM and the Agong.

  14. No public servants can “pakat-pakat” (conspire) among themselves to circumvent the protocol, and coined some new methods, like appointing an IPM in lieu of the Tribunal to clear the AG.Especially so, when those people involved,are directly or indirectly subservient to the AG themselves. I consider this, an act of usurpation.

I must admit there are some pertinent points which I have not covered yet, but I sincerely hope the explanations given thus far, are simple and easy to comprehend. I hope for the moment, they are sufficient for the public to have a better understanding of the issues at hand.

  1. #1 by Bigjoe on Monday, 10 October 2011 - 11:05 am

    If you are going to do dirty, you need someone dirty to do the dirty work for you.. The AG and Chief Judges were the same thing, they LIKE them dirty so they would do the dirty work for them..

  2. #2 by yhsiew on Monday, 10 October 2011 - 11:16 am

    Retaining a devious person for a high-level position is a boon to the boss as the latter can apply the motto of “I help you and you help me” to his full benefit.

  3. #3 by Godfather on Monday, 10 October 2011 - 11:21 am

    The position of the AG goes beyond the direction of one man, especially if that one man is spineless, and has enough knowledge to understand that his party’s fall is dependent on the AG. This AG has been corrupted since the days of Mamakthir, and he has done so much for the benefit of UMNO and the rest of BN. There is simply no way anyone anywhere can implicate him. He is simply above the law.

  4. #4 by boh-liao on Monday, 10 October 2011 - 11:39 am

    He did lots of dirty illegal jobs 4 those in d corridors of power n he grabs them by their balls, so how can they not retain n honor him, simple logic

  5. #5 by boh-liao on Monday, 10 October 2011 - 11:41 am

    He did lots of dirty illegal jobs 4 UmnoB/BN bosses n he grabs them by their bola, so how can they not retain n honor him, simple logic

  6. #6 by yhsiew on Monday, 10 October 2011 - 11:43 am

    The AG cannot be sacked, otherwise he will disclose all of UMNO’s secrets and the things which were done in the dark!

  7. #7 by Cinapek on Monday, 10 October 2011 - 11:47 am

    “…This is about cover-ups and abuse of our legal system. This is about those in power knowingly allowing the administration of justice to be filled to the brim with frauds, deceits and illegalities…”

    Dear Mat Zain, this statement of yours sums it all up.

    All those to-ing and fro-ing, no matter how legally and morally correct they are, is useless when those in power, whether by coercion or by choice, choose to turn a blind eye simply for reasons of self interest.

    It is difficult to remove someone who has the skeletons in your closet firmly in his grip ready to be used if and when necessary. And as the old saying goes, if you can’t beat them, join them. This is what has happened now. The top leaders has resigned themselves to the fact that they will personally stand to lose more than to gain if they make a move against Gani Patail. It would take a very clean or courageous man who is prepared to risk sacrificing himself for the national good.

    No, we won’t see any changes unless the BN Govt. is changed.

  8. #8 by drngsc on Monday, 10 October 2011 - 12:38 pm

    Jib does not look like a suicidal guy to me. Remember he has “A-tunya gate” hanging over him. How not to be buddy, buddy with AG?

    Disciplining AG will be a keen to suicide. Even if he is suicidal, mak Rosmah will not allow it. So………….

    We need to change the tenant at Putrajaya. GE 13 ( I hear next month ) is our best chance. failure is not an option. we must work very very hard these few weeks.

  9. #9 by cemerlang on Monday, 10 October 2011 - 12:41 pm

    If you want to clean the sink pipe, call the plumber.
    If you want to clean the glass wall, call the glass wall cleaner specialists.
    If you want to clean the rubbish, call the rubbish collectors.
    The right person to do the right job.

  10. #10 by k1980 on Monday, 10 October 2011 - 1:37 pm

    //his greatest misjudgment was retaining Tan Sri Abdul Gani Patail as the Attorney General.//

    The malaysian people’s greatest misjudgment was retaining BN as the federal govt. For withput BN, Gani would never had become AG. He would had been the junior janitor in a rural primary school…..

  11. #11 by dagen on Monday, 10 October 2011 - 1:42 pm

    Dear Mat Zain,

    I do not believe jibby jib had a choice. Everyone is caught in a great big mexican standoff. No one squints or else every one’s gonna die. It is a known fact that everyone in umno has dirt, rubbish and skeletons piled up miles high. Nobody exposes nobody. Bad AG? Involved in illegal or even criminal activities? Oh well so what? That only means he is simply a good fit in that great mexican standoff currently beseiging umno. What is really odd here is somehow the AG weilds more control in the standoff. He could hold the entire umno to ransom. Altan. Benghock. Blackeye. Sodomy I & II. Submarine commission. You name it he has the inside info all filled in his chest to full capacity and ever ready to blurt them out anytime. For god’s sake umno cant even afford to have the man sneeze! It is that precarious.

  12. #12 by Jeffrey on Monday, 10 October 2011 - 2:02 pm

    ///The reasons the SG did not close the (investigation ) paper (agt AG) himself, although he was the one who appointed the IPM, but instead allowed Razak who is more junior to him, to do the closure, is for SG or Razak to explain///- Mat Zain bin Ibrahim.

    Is this the very same Dato Abdul Razak Musa(Razak), the top notch prosecutor of the MACC who demonstrated how Teoh Beng Hock could have strangulated himself? Could Razak have been accorded the privilege to close the case instead of SG because the former envinced the superior quality of creativity and imagination?

    If, as argued by Mat Zain, that the adjudication of AG’s conduct must, per constitution, be done by a proper tribunal appointed by YDP Agong on PM’s advice, then the appointment of the other so called Independent Panel Members (IPM) to so adjudicate the alleged wrong doings by the AG must necessarily be ultra vires the constitution. This being the case, its favourable verdict/decision is null and void and cannot stand if the very body that delivered it were itself tainted by unconstitutionality!

  13. #13 by Jeffrey on Monday, 10 October 2011 - 2:37 pm

    Hence the Govt’s International Atomic Energy Agency appointed the panel comprising health and safety experts to review of the Lynas project. Even on the matter of controversial high school literature book Interlok which allegedly refered to the Indian caste system in ‘unacceptable terms’ had the benefit of such a panel. But such a panel
    is hardly deemed “independent” with its members appointed by govt and frame of reference defined by govt. In stature it is nothing compared to (say) the Royal Commission that has power to summon and compel witnesses to be present to give evidence, much less the Tribunal of the nature that looks into any alleged wrong doings by a judge or AG as prescribed by the Constitution. Esp on a matter where certain allegations have been made against high office of AG, one can’t just deflect it by forming a so callened ‘independent’ panel that is neither perceived that independent nor have powers to compel witnesses as a RCI or Tribunal.

  14. #14 by k1980 on Monday, 10 October 2011 - 2:46 pm

    General Manager OC Phang told the High Court here today she had no clue what bonds were or how they worked. “I don’t understand bonds. I remember asking my project accountant what is this bonds thing He also didn’t know.”

    Phang oso dunno where babies come from, and how to “throw big water” (buang air besar). So this is how she became a general manager

  15. #15 by monsterball on Monday, 10 October 2011 - 2:51 pm

    Just look at all BN’s backdoor ministers and you will know…”You help me. I help you” is applied.
    Forget the emotions…the regrets…the contradicting actions..the surprise appointments…many more.
    Focus on the ulterior motives….by the doers and the receiver’s benefits.
    Are they for the good of Malaysia or for personal benefits and party.
    All the time…everything have been proven for personal benefits and party…for decades..and under Najib…his art…his style…his actions…best of all….his reactions ….his speeches…his slogans…everything point to protecting himself and doing things for the party.
    Then..comes…lambs…pigs….cows…baboons.. donkeys …..monkeys…all wanted to be fed and live easy lives from the so call all powerful PM of the day.
    It has always been a circus act for 35 years under UMNO b banner…and the appointed Ring Leader….low class and unqualified.
    Once you get the real picture….everything and anything that may confuses …are clear as crystals.
    These are rouges and thieves and many wishes to join in to be millionaires…with easy life….no need to work hard…just make a vow to do or die….to protect PutraJaya taking over by traitors.
    Having experience a lifestyle so rich and happy as millionaires….all are drunk with joy…having so much money…posts…so easy to get.
    These will be forever
    do or die” for Najib……..because they are as guilty as hell and cannot afford to loose PutraJaya….or loose governing.
    It is a nightmare…worst than hell to loose it.

  16. #16 by monsterball on Monday, 10 October 2011 - 8:44 pm

    Najib needs to declare the 13 GE fast…so that no one will suspect the Budget speech is a political budget…all talks…no actions…..except civil servants increases fast…to win votes.
    Things are getting dearer…and before the next oil increases again…he has to make sure…the “feel good” by Malaysians stay with smiles and not suddenly feeling sick of UMNO b again.
    From wheeling and dealing…to juggling and balancing act….to stay performing.
    So far his performance sucks.

  17. #17 by boh-liao on Monday, 10 October 2011 - 9:24 pm

    Dunno BONDS nevermind, but probably know BONDAGE, d kinky kind, fr MCA pres

  18. #18 by waterfrontcoolie on Monday, 10 October 2011 - 11:23 pm

    K1980, if the caliber of the civil service is judged based on this case, it just reflects the quality the nation has created. a super-scale officer couldn’t figure out 7.5% pf 1.8 billions with a calculator! So not knowing the bond is nothing! They have all learned ” siapa nama itu”?. If the majority of this nation still wanta to continue with this sandiwara, they should not blame anyone except themselves. In that sense, they are really cows!

  19. #19 by yhsiew on Tuesday, 11 October 2011 - 12:24 am

    Where on earth can you find an AG so subservient to UMNO, shouldn’t he be rewarded with a lifetime job?

  20. #20 by Taikohtai on Tuesday, 11 October 2011 - 10:34 am

    Zain said: I have reasons to believe, the Minister himself has been misled. ………………..huh?
    I don’t think so. Its simply a case of expediency. Its a matter of I know what you did, you know what I did. Its a matter of keeping a black book on each other. Its a matter of you keep your mouth shut, I keep mine closed. Its a matter of the brotherhood amongst a nest of thieves.
    All these dark secrets will only get to see the light if and when Pakatan gets elected and before the shredders get to work.

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