Call on Najib to establish tribunal to probe many serious allegations of corruption and abuses of power against Attorney-General Gani Patail by Mat Zain and Robert Phang

Malaysiakini reported today that outspoken former Malaysian Anti-Corruption Commission (MACC) panel member Tan Sri Robert Phang has been cleared of the corruption allegations made against him.

This follows the confirmation by the MACC director of investigations Mustafar Ali in an SMS in response to a query from Malaysiakini.

Phang had been issued with a letter from Mustafar, dated November last year, clearing him of the allegation made by an anonymous blogger.

However, the letter from the MACC that cleared Phang also stated that it cannot be used for the purpose of publication by the media.

The MACC Chief Commissioner Datuk Abu Kassim Mohamed should be censured in Parliament if he cannot give satisfactory explanation why MACC suppressed information for some 15 months that Phang had been cleared of corruption allegations made against him.

In this connection, the Chairman of the MACC’s Operations Review Panel, Tan Sri Hadenan Abdul Jalil should also explain why he withheld information about Phang being cleared of corruption allegations some 15 months ago in May last year.

Hadenan had said that MACC “had failed to find enough evidence to charge Phang”, which contributed to the impression that MACC investigations on Phang was still ongoing.

Wasn’t it true that the MACC and its Operations Review Panel cleared both the Attorney-General, Tan Sri Gani Patail and Phang at the same meeting in May last year?

If so, why Hadenan only announced after the MACC Operations Review Panel meeting in May last year that MACC investigations had cleared the Attorney-General of a corruption allegation related to his haj pilgrimage, that “the panel is satisfied that the investigation did not indicate any criminal offence”, but conspicuously omitted or withheld information that Phang had also been cleared of corruption allegations against him?

Recently, Phang lodged a police report calling on the MACC and the police to investigate allegations against Gani for abuses of power as described in a new book entitled “Tan Sri Abdul Gani Patail: Pemalsu, Penipu, Penjenayah?”

Phang said the AG must investigate the accusations made against him as AG and to sue the author of the book for defamation if the allegations are wrong.

It would appear that the Government Transformation Programme to combat corruption and abuses of power in high places has degenerated into a double battle of Gani vs Robert Phang as well as Gani vs Mat Zain.

Malaysians are seriously concerned that the Prime Minister, Datuk Seri Najib Razak seems to be completely impotent although the country is having the most controversial Attorney-General in history, with the most number of serious allegations of corruption and abuses of power against the holder of the office of Attorney-General in the nation’s 55-year history.

Only two days ago, the former Kuala Lumpur Criminal Investigation Department chief Mat Zain Ibrahim has sent the latest of his series of letters asking the Prime Minister Datuk Seri Najib Razak why he is not prepared to have a tribunal to investigate the Attorney-General despite an abundance of allegations and evidence against Gani but could give the nod to the formation of a royal commission of inquiry (RCI) on illegal immigrants in Sabah.

The latest serious allegation made by Mat Zain, who was the investigation officer into the Anwar Ibrahim “black eye” assault in 1998 and subsequently Anwar’s four police reports lodged between July 9 and August 20, 1999 on political personalities including former Finance Minister, Tun Daim Zainuddin, former international trade and industry minister Datuk Paduka Rafidah Aziz, former Malacca Chief Minister Tan Sri Rahim Thamby Cik is that Gani, like PKR strategic director Rafizi Ramli, had been guilty of violating the Banking and Financial Institutions Act (Bafia).

Both Phang and Mat Zain have made very serious allegations against Gani and the Prime Minister cannot continue to be indifferent to having the most controversial Attorney-General in the nation’s history, as the Attorney-General is the chief legal officer of the land who should be upholding the law rather than being seen or perceived as the chief law-breaker.

For these reasons, Najib should seriously reconsider his earlier refusal and move forward to establish a judicial tribunal to address once and for all the many serious allegations of corruption and abuses of power made against Gani by both Mat Zain and Phang to clear the perception that the Attorney-General has become the chief law-breaker instead of being the chief law-upholder in the land.

  1. #1 by yhsiew on Friday, 24 August 2012 - 7:06 pm

    With so many skeletons in his closet, how can he simply establish a tribunal to probe the allegations?

  2. #2 by ENDANGERED HORNBILL on Saturday, 25 August 2012 - 1:34 am

    Najib should set up RCI on Gani or ship out.
    If it is too hot in the kitchen, then Najib cannot be the chef (chief=PM). Period.

  3. #3 by ENDANGERED HORNBILL on Saturday, 25 August 2012 - 1:37 am

    They have a saying here: Najib is so impotent!

    I think they have a stronger word for it in Bahasa: “tak ada bola.”

  4. #4 by monsterball on Saturday, 25 August 2012 - 3:35 am

    Send a crook to catch a crook???
    Najib will tell Phang & Mat Zain….
    ARE YOU NUTS????

  5. #5 by monsterball on Saturday, 25 August 2012 - 3:53 am

    Najib loves war games and he was the Minister of Defense.
    Right now..he is busy busy planning how to win a war against “traitors” taking over PutraJaya.
    Once he feels good…walla!!……13th GE date will be announced.
    Don’t disturb him.
    For more than 3 years…he is feeling LOST!!
    You still want him to attend to small matters when” traitors” are getting more and more?

  6. #6 by Bigjoe on Saturday, 25 August 2012 - 8:55 am

    There are people that wonder why the likes of LKS i.e. opposition politician, who would be natural to hyperbolate problems if they exist, would still want to maintain the civil pretense that procedures such as this still matter..

    For educated arm-chair critics, we all know that only throwing out UMNO/BN will remove Gani Patail and we are amazed that UMNO/BN still hold on to such an AG even if he is such a huge liability.

    The simple fact of the matter is that top leaders of UMNO/BN simply think most of us don’t have the brains to understand the degree of the breakdown of institutions and the importance of that breakdown. The role of AG, as lawyer to the country and the government, plays a pivotal role, a gatekeepeers of laws, cases and legal appointments. Most people especially the lower rung of our society don’t understand the importance of law itself much less that the AG is more than just a common lawyer but rather decide on law itself, how its done, and people involved in it. He can be more powerful than even chief executive in certain circumstances and is an appointment by Constitution itself.

    There has popular movie, drama and books about police, arm forces, Chief Executives, Judges, lawyers, even Member of legislature and even fireman, but there has been none on the Attorney General. Everyone else has to go to the streets and be seen by even the lowliest farmer and laborer and they read papers and see tv shows that know what they are. But the post of AG sits in office in the corridors of powers, does not get to the street and even seldom on TV unlike sometimes in other country.

    Its time to drag this gatekeeper who is naturally and purposely kept in the dark corridors of powers, down into the streets and in the light of everyday man to make him accountable to the people who owns the Constitutions that gives him his job, power and privilleges..

  7. #7 by boh-liao on Saturday, 25 August 2012 - 9:20 am

    U expect AhCheatKor 2 establish TRIBunal 2 probe d AG? Fat hope lah, he protects his cheating TRIBE 1

  8. #8 by Jeffrey on Saturday, 25 August 2012 - 9:34 am

    The object of RCI is to enquire on a matter of public interest & provide hard facts for policy options. Here the RCI is however being used for politically partisan objectives. The ones calling for it have lost faith in the usual institutions traditionally responsible for the administration of Justice and they hope that the RCI is an institution of last resort which once established takes on a life of its own to ferret out the truth and force to govt to bring justice or rectify a wrong doing, failing which at least the wrongdoing has secured sufficient publicity to cost the ruling party votes! The problem is – the RCI is itself not a constitutional right. It is itself a product of government policy. It is the govt. of the day that is vested to power/discretion whether or not to call a RCI. So it will call one only if it thinks it is politically expedient serving of its interest and legitimizing of its image since dented. (For eg the TBH RCI has legitimized the suicide theory and exonerated govt from blame of at least its officers causing by physical means wrongful death). The idea of a RCI to probe allegations by Mat Zain and Robert Phang against AG (who is also Govt’s chief lawyer & gatekeeper of power– how does it serve Govt’s interest? Ah Jib Gor is unlikely to give it a 2nd thought to such a call!

  9. #9 by Cinapek on Saturday, 25 August 2012 - 10:12 am

    “…Najib should seriously reconsider his earlier refusal and move forward to establish a judicial tribunal to address once and for all the many serious allegations of corruption and abuses of power made against Gani ….”

    It will never happen as long as BN is in power. The entire administration suffers from the “ tolong gua, gua tolong lu…” disease. You protect my backside and I will do the same for you.

  10. #10 by Jeffrey on Saturday, 25 August 2012 - 10:17 am

    There is also division along Federal & State lines even in respect of who should call for a public enquiry! Najib has established RCIII Sabah based on our Commissions of Enquiry Act 1950 (“1950 Federal law”). Little known is the fact that Sabah itself has its own Inquiry Commissions Enactment of 1981(“1981 Sabah law”) by which only the Yang di-Pertua Negara (head) of Sabah could call an RCI. The 1950 Federal law expressly excludes Federal/Najib setting up enquiry to investigate matters pertaining to state matters specified in item 10 of the State List. The saving grace is that there is overlapping in Projek M matter. If one talks of narrower aspects ie conduct of Sabah’s public servants issuing forged birth certs to immigrants to get IC, its probably under purview of 1981 Sabah law whereby only Sabah head of State could establish a RCI, and not the King on advice of PM. However if one looks at wider issues relating immigration//citizenship – esp as regards whether there was any hidden policy directed from KL to co-opt immigrants’ electoral support in exchange for citizenship- it would be a matter appropriately under purview of1950 Federal law invoked by PM. But nobody on either side of political fence cares the niceties of this division because calling the RCI serves the expedience of agendas of both sides of political divide. For Najib, to stymie momentum of Sabah recent defections; for those opposed to BN, to bring out from the shadows the machinations of those who cheated on the electoral system by such means.

  11. #11 by dagen wanna "ABU" on Saturday, 25 August 2012 - 10:29 am

    Stand aside you mexicans. The greatest mexican stand-off is happening over here in malaysia right at this moment. In fact those idiots were already engaged in the stand-off for the last (wot?) 10 yrs or more. So “nobody moves coz everybody’s gonna die”.

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