The system stinks – Dare Najib set up a judicial tribunal to investigate into serious allegations by former CCID director that AG had abused his powers?

The system stinks. For the first time in more than a decade, there are now serious allegations of gross abuse of power against one of the highest officers of the land – the Attorney General – by another high-ranking officer.

Dare the Prime Minister, Datuk Seri Najib Razak get the Cabinet to set up a judicial tribunal to investigate into the serious allegations by the former Commercial Crimes Investigation Department Chief Datuk Ramli Yusuf that the Attorney-General Tan Sri Abdul Gani Patail had abused his constitutional powers to ensure that there is justice and fair play in the land?

The serious allegations made by Ramli are not new to informed and knowledgeable Malaysians as they have been in the public domain for quite some time, but this is the first time that it has been made specifically by Ramli in public against Gani, which warrants serious and instant attention and action by Najib if the Prime Minister is sincere and serious in wanting to carry out a government and national transformation in the country where abuses of power and corruption are regarded as anathema under his administration.

According to Malaysiakini yesterday, Ramli had made use of his 60th leap year birthday celebration on Wednesday to describe in detail how he and his men had been fixed by the Attorney-General since 2007 and how they were vindicated by the courts in being acquitted of the charges.

He also described how Gani used the Malaysian Anti-Corruption Commission (MACC) against him and his men.

Ramli said in his speech that it all began when his officers were entrusted with taking action against a syndicate member who was sent to Jeli, in Kelantan to serve restricted residence (RR) order.

The man had been accused of being involved in organised crime, including loan sharking, running an illegal lottery syndicate, prostitution and drug pushing in Johor.

Ramli said: “This information was given by the then deputy home minister (Johari Baharom), and the matter was considered a ‘top secret’ and highly confidential case. Later, I was told to report to him directly after the file was completed.

“Accordingly, I instructed my officers to put up the case against the syndicate member, which was subsequently submitted to the deputy minister for committal under the RR order. However, upon the advice of the AG, the syndicate member was subsequently released, unconditionally.

“Instead, my officers were charged with taking down false and fabricated statements that implicated the then inspector-general of police (Musa Hassan).

“That’s when AG Gani Patail called the original case file, which was classified as highly confidential, and passed it to the MACC to harass the witnesses.”

Ramli said he was thankful that the people who served under him were acquitted and discharged without their defence being called.

“There was no basis whatsoever for the prosecution to appeal. All of them have been reinstated.

“Tonight, I pay tribute to these fearless officers. All of them have been reinstated and promoted. To IGP Ismail Omar, I say thank you for recognising that they have been victimised and for giving them back their dignity and honour. I am glad that the (police) force has not forsaken them.”

Ramli noted that Deputy Inspector-General of Police Datuk Seri Khalid Abu Bakar had also investigated the same syndicate member and that the officers involved in that investigation were transferred out, including Khalid.

These officers were acquitted and discharged without their defence being called and were also reinstated.

Ramli said a month before he was charged, his lawyer and one time university mate, Rosli Dahlan,was arrested in “a most humiliating manner” by the MACC and held overnight, and charged a day before Hari Raya that same year.

“They falsely accused Rosli of failure to declare his assets. Their objective was to implicate him for representing me, after they found that all the sensational stories spread by them through the mainstream media about me being the RM27 million cop were nothing but blatant lies.”

The former top cop said the MACC was unhappy with Rosli because he helped us (Ramli and Johari) to prepare affidavits that were supposed to be prepared by a senior federal counsel with the Home Ministry.

“The AG (Gani) was angry with Rosli for pointing out that the refusal by the Attorney-General’s Chambers to prepare these affidavits (to challenge the release of the syndicate member) amounted to an abdication of his constitutional duties under Article 145(3) of the Federal Constitution.

“Because they were out to get me, and get me good, they pursued all avenues within their powers, regardless of the consequences on innocent parties like Rosli. This unconscionable conduct alarmed me as a law enforcment officer,” Ramli said.

Having served the police force with great pride for 38 years, he said, all that came to an abrupt halt on Nov 1, 2007, when, three months shy of his retirement, he was charged in court.

“On that fateful day, life was no longer as I knew it. Overnight, my career was destroyed, my reputation tarnished and the privileges accorded to me stripped away.

“Like living in a nightmare, I found myself being singled out as a corrupt officer and the full strength of multiple bodies in power at that period of time had their crosshairs on me.

“With God’s grace, I have now been vindicated of all the charges because they are nothing more than falsehood. Although there were many efforts made to condemn me in the public eye, I had decided after being a civil servant, the only way to proceed was to prove my innocence…”

Ramli said that though “the powers that be” were determined to use all possible means to see him be convicted, he was not called to make his defence on any of the five charges levelled against him.

“I am well on the way to complete exoneration. As they say, you can’t keep a good man down.  However, as of today, I am patiently awaiting one more appeal by the AG pertaining to a summons case, the most minor of the charges.

“I am, however, sad to point out that my pension and gratuity have been withheld since 2008,  as I am said to be not yet fully cleared of all charges against me. That to me explained why the AG Chambers have kept this appeal suspended to this day.”

He ended his speech by saying that he could not, and would not, allow such abuses to take place again and that he would not sit idly by letting such incidents to be repeated.

Gani Patail makes history as the Attorney-General in the country’s 55 year history who has got the most number as well as the most serious charges of abuses of power made against him.

With Ramli going public, accepting full consequences for making the specific charges of abuses of power against Gani, the Najib administration cannot continue to be like the three monkeys of having eyes that see not, ears that hear not and mouth that speaks not but must act to protect the integrity both of the Constitution and the highest offices in the land.

In view of the many serious charges of abuses of power which have been made against the Attorney-General, Najib should ask the Cabinet to set up a Judicial Tribunal to investigate into all these charges, and until Gani is cleared of all these charges, he should go on leave to allow an acting Attorney-General to be appointed in his stead.

  1. #1 by SENGLANG on Friday, 2 March 2012 - 10:40 am

    This man has given us the best gift on his birthday celebrated every four years. He also promised us that he will not sit idly and let what happened to him to be repeated. It is our sincere hope that he will fight for all Malaysian to get rid of these rotten heads. May he being well and strong. May God bless him always

  2. #2 by cseng on Friday, 2 March 2012 - 10:44 am

    Accountability is the key to be a responsible society.

    Shamless is the key to be a thugist and irresposible society.

    2020 developed country, try understand accountability and shamless. They are opposite, in case BN member doesn’t know.

  3. #3 by boh-liao on Friday, 2 March 2012 - 11:23 am

    NR 2 act? Ban ban tan lor
    VOTE UmnoB/BN OUT is a faster option

  4. #4 by sheriff singh on Friday, 2 March 2012 - 12:48 pm

    Najib act against the Attorney General who has all the files and knows all the skeletons in the warehouse called 1Malaysia?

    No, I think. Definitely not. Wishful thinking.

    PR must win for things to happen. Make this an item on the PR Manifesto.

    PR must win NOW !! You are all getting too old. See how haggard many of you are now?

  5. #5 by yhsiew on Friday, 2 March 2012 - 1:23 pm

    Such abuse of power by the AG is only the tip of the iceberg.

  6. #6 by yhsiew on Friday, 2 March 2012 - 2:06 pm

    Unprofessional and unprincipled persons are not qualified to take helm of the country’s legal justice system.

  7. #7 by Cinapek on Friday, 2 March 2012 - 7:13 pm

    Datuk Ramli Yusuf’s serious public allegations did not indict just the AG. His allegations strikes at the very heart of the entire law enforcement system in the country. He has accused not just the AG, but also the MACC and the former IGP for alleged criminal wrongdoings. And while he has expressed gratitude to the present IGP and his Deputy for having right some of the wrongs, it is not enough. By having reinstated those officers that were wrongfully accused, the present IGP and his Deputy are tacitly admitting that these officers were victimised and they (the present IGP or his Deputy) should have taken this a step further and should set in motion investigations of those wrongdoings and bring to justice those who had victimised those gallant officers. Otherwise they are acting in conspiracy in the cover up.

    Datuk Ramli Yusuf is the second senior police officer who has made very detailed and serious allegations of wrongdoing against the AG , the MACC and the previous IGP. If he is slandering them, then they should sue him in court for defamation. Keeping quiet just confirms he is telling the truth. And if Datuk Ramli is telling the truth and Najib still refuses to act, it then begs the question why? The AG and IGP were appointed to their position based on the PM’s recommendation. So why should he be afraid to act and if so why? These accusations are wrecking the very soul of our law enforcement system and if Najib fails to act, then he is destroying the very fabric of this nation. I do not think the accusations come any clearer and more serious than Datuk Ramli’s. It was made in public and by a man who had gone through hell for justice. Surely he would not be so stupid as to court more trouble if his accusations are not true?

    So what are you still waiting for , Mr PM. Give you two thirds vote in Parliament before you will take action?

  8. #8 by Jeffrey on Friday, 2 March 2012 - 10:58 pm

    What’s the problem? There is a precedent. TDM invoked judicial tribunal to try charges against Lord President Salleh Abas in 1988. His friend President Robert Mugabe of Zimbabwe copied and followed suit. On December 16, 2007, Mugabe suspended Sobusa Gula-Ndebele from his post as the attorney general and invoked a tribunal to hear allegations of the AG having secretly met with a fugitive banker to tell the banker that he would be spared from criminal charges. [It has been reported that although the attorney general had not openly criticized the government, he had refused to approve politically motivated prosecutions.]

  9. #9 by Jeffrey on Saturday, 3 March 2012 - 9:13 am

    ///The system stinks/// – Kit

    I guess by word “system”, Kit probably means the Administration of Criminal Justice system (“ACJS”) that covers the whole range of police investigations to prosecutor’s decision whether to charge or not in court and thereafter the court process itself leading to acquittal or conviction. But “system” here may also be used to cover a wider meaning ie the entire political system that includes not just the ACJS concerned with criminal law enforcement but the whole machinery of political power maintenance by emasculation of all major institutions like Press, Judiciary, electoral system and subversion of constitutional safeguards. In third world countries (Zimbabwe for eg) the Constitution, which has normal safeguards of invoking tribunals to check abuses of high offices (whether judge or AG) is only for show, honoured by its breach than adherence. Under such 3rd world political system that so called stinks, tribunals are not invoked against errant persons holding high office in govt (as the letter of Constitution says that they ought to be) where they abide and collude with interest of the political power wielders. Tribunals are invoked against persons holding high office in govt only when they properly do their constitutional function, not abiding the wishes of the powers-that- be (as what happens in Zimbabwe, which we hope does not happen here)! What a distortion and irony but that’s what happens when Constitution is used for convenience in service of power.

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