Archive for category Court
Any DPP can charge A-G
Posted by Kit in Court, Law & Order, Letters on Friday, 30 September 2011
Letters
Mat Zain Ibrahim
30.09.2011
IF YDP AGONG CAN BE DECIEVED,WORST THINGS CAN HAPPEN TO US
The Attorney General has been challenged to account for the three expert reports, he was alleged to have fabricated in an investigation into a particular case. Notwithstanding mounting public outrage for the AG to come clean on this issue,he chose to maintain a deafening silence, instead of making known his position.
Should he finds it tough though, to account for all the three,which is understandable, he should at least show his sincerity by giving an account for just one of them. Any one of the three that he is comfortable with, will do.
For the benefit of all, the first expert report was dated 26 October 1998.The said report together with the second expert report was properly tendered during the Black-Eye RCI proceedings in 1999, which was duly recorded by the Commissioners. However, before the RCI’s final report was presented to YDP Agong ,the said first report went missing.
No other persons other than the maker of the documents and the AG himself have personal interests over those expert reports.
The onus to account for the making and the subsequent disappearance of the said report dated 26.10.1998 before it reached The Agong, lies solely on Tan Sri Abdul Gani Patail,the AG. Fabrication of evidence is one thing, how it was disposed of, is another. Read the rest of this entry »
Mat Zain: Charge Gani Patail, not change A-G’s powers
By Shazwan Mustafa Kamal | September 26, 2011
The Malaysian Insider
KUALA LUMPUR, Sept 26 — Taking away the Attorney-General’s power to prosecute will not stop abuses of power, a former senior police officer said today.
Former Kuala Lumpur CID chief Datuk Mat Zain Ibrahim said that there was nothing wrong with the functions of the A-G as defined by the Federal Constitution, and charged that it was Tan Sri Abdul Gani Patail (picture) who had abused his powers as the current A-G “several times over.”
“We should not blame the Constitution. It’s the honesty of the person holding the post that matters.
“Even if we were to separate the functions of the A-G and the PP, there are no guarantees that either one or both of them will not abuse their powers,” Mat Zain wrote in an open letter to The Malaysian Insider.
Read the rest of this entry »
‘Evidence fabricated in Anwar’s corruption trial’
Posted by Kit in Anwar Ibrahim, Court, Judiciary, Mahathir, Najib Razak, Police on Tuesday, 13 September 2011
Malaysiakini
Sep 12, 11
Anwar Ibrahim’s 1999 conviction for abuse of power was wrong as the prosecution had concocted evidence and cheated through the actions of then investigating officer Musa Hassan and then lead prosecutor Abdul Gani Patail.
This was revealed in another open letter, sent to Inspector-General of Police Ismail Omar today, by former Kuala Lumpur CID chief Mat Zain Ibrahim.
Mat Zain states that Musa and Gani had done this for their joint benefit. Both had risen in ranks, with Musa becoming the police chief and Gani, the attorney-general. Musa retired recently.
“It is not wrong to say the jail term Anwar faced is an injustice to him as a result of both their (Musa’s and Gani’s) actions. I am basing this argument on documentary evidence and statements that I have and are within my knowledge,” he said in the letter.
“I am also saying this because there are important statements made by (former prime minister) Dr Mahathir Mohamad in Chapter 53 of his memoirs ‘Doctor in the House’ on the black eye incident, and the actions by the public prosecutor are different from what I have in the official case files of 1998.
“I believe that Mahathir was given a wrong briefing and he had been manipulated.” Read the rest of this entry »
Mat Zain: Musa, Gani duped Dr M into sacking Anwar
Posted by Kit in Anwar Ibrahim, Court, Mahathir, Police on Monday, 12 September 2011
By Shannon Teoh
The Malaysia Insider
Sep 12, 2011
KUALA LUMPUR, Sept 12 — A former senior police officer today claimed that Tan Sri Musa Hassan and Tan Sri Abdul Gani Patail had fabricated evidence against Datuk Seri Anwar Ibrahim, leading to his sacking from government by Tun Dr Mahathir Mohamad in 1998.
Former city criminal investigation chief Datuk Mat Zain Ibrahim claimed in an open letter to the Inspector-General of Police today that Musa, who was then Bukit Aman’s assistant criminal investigation chief, had stolen Anwar’s DNA to ensure that the sacked deputy prime minister would be convicted of sodomy.
“I believe this happened because Tun was given information or a briefing that was manipulated and misleading,” said the policeman who led the 1998 probe into the black eye inflicted on Anwar by then police chief Tan Sri Rahim Noor.
Mat Zain based his claim on “documentary evidence and statements that I have and are within my knowledge” as well as Dr Mahathir’s memoirs that were released earlier this year. Read the rest of this entry »
Anwar’s unsworn statement an indictment of Malaysia’s political, justice systems
Posted by Kit in Anwar Ibrahim, Court on Tuesday, 23 August 2011
by Ramli Zain
The Malaysian Insider
Aug 22, 2011
AUG 22 — By making an unsworn statement from the dock today in his sodomy trial, Datuk Seri Anwar Ibrahim has now put the whole country, its judiciary, the media and our entire justice system on trial.
More than that, he has given notice to politicians like Datuk Seri Najib Razak and other players in his prosecution that he intends to place them on trial as well.
Whether one agrees with this move or not, the message is clear.
Sodomy II is no longer about whether he is guilty of sodomising his aide — if it ever was in the first place — but will now be an attack against the political and justice system which he claims has conspired to put him in this position. Read the rest of this entry »
Anwar has the right to face his accusers and question them is an inalienable right in a court of law
Posted by Kit in Anwar Ibrahim, Court on Friday, 12 August 2011
By Dr Chen Man Hin, DAP life advisor
It is common knowledge that the accused person in a criminal case has the right to face his accusers and to question them in a court of law.
However laudable it is that Anwar Ibrahim has been given permission to face his accusers/witnesses in a court of law, it is disappointing that Anwar was not allowed to question the witnesses and must remain silent in court.
This is unusual and runs contrary to established practice, where the accused is permitted to confront his accusers/witnesses and to ask them questions.
In most countries, the law has a Confrontation Clause where in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him, and the defendant usually has a right to cross examine the witnesses.
Read the rest of this entry »
Mat Zain claims A-G interfered with forensic experts
By Shannon Teoh | August 11, 2011
The Malaysian Insider
KUALA LUMPUR, Aug 11 — Datuk Mat Zain Ibrahim has continued his attacks on Tan Sri Abdul Gani Patail, claiming today that the Attorney-General has caused the public to lose faith in government inquests and inquiries due to his alleged interference in testimony made by forensic experts.
The former city criminal investigation chief said today that Dr Abdul Rahman Yusof, the forensic expert in former deputy prime minister Datuk Seri Anwar Ibrahim’s black-eye probe that Mat Zain had headed, “was willing to prepare three false reports according to orders by Gani Patail.”
“We cannot blame the public if they have lost confidence in government pathology and forensic experts… ridiculing and abusing their opinions in the Teoh Beng Hock inquest and royal commission of inquiry (RCI) and also the inquest of Ahmad Sarbaini Mohamad,” he wrote in an open letter to the Inspector-General of Police.
Read the rest of this entry »
AG – why the alacrity to prosecute the PSM EO6 while total immobility to charge MACC officers for a pile of crimes and unlawful actions exposed by Royal Commission Inquiry into Teoh Beng Hock’s death?
Posted by Kit in Court, Crime, Jeyakumar, Teoh Beng Hock on Thursday, 4 August 2011
The Attorney-General Tan Sri Gani Patail should explain why the alacrity with which he wants to prosecute the PSM EO6 in contrast with his total immobility to charge Malaysian Anti-Corruption Commission (MACC) officers for a pile of crimes and unlawful actions as exposed by the Royal Commission of Inquiry (RCI) into Teoh Beng Hock’s (TBH) death?
Yesterday, The PSP EO6 including the Sungai Siput Member of Parliament Dr. Michael Jeyakumar who were released last Friday from detention-without-trial Emergency Ordinance were charged in the Butterworth Sessions Court under the Internal Security Act and the Societies Act with possessing subversive documents and assisting an illegal organization.
However, there are no signs whatsoever that the Attorney-General is taking any action or shown any interest in the report of the James Foong Royal Commission of Inquiry into Teoh Beng Hock’s death, in particular in the shocking RCI revelations of the pile of crimes and unlawful actions committed by MACC officers in the MACC massive operation resulting in Beng Hock’s death.
Read the rest of this entry »
Mubarak pleads ‘not guilty’ at Cairo trial
Posted by Kit in Corruption, Court, Crime, Middle East/Africa on Thursday, 4 August 2011
Al Jazeera
03 Aug 2011
Former Egyptian president maintains innocence over charges that include corruption and unlawful killings of protesters.
Hosni Mubarak, Egypt’s ousted president, has denied charges of corruption and complicity in the killing of protesters at the start of his historic trial in Cairo.
At his first court appearance on Wednesday, Mubarak spoke from a hospital stretcher where he lay inside a cage for defendants.
“I categorically deny all the charges,” Mubarak said.
The proceedings, in a temporary court at the Police Academy in Cairo, was shown live on state television. Read the rest of this entry »
The EO 6 freed – but are they free?
By P Ramakrishnan, Aliran’s President | 2 August 2011
Considering the fact that all these six citizens were accused of very serious offences in the first instance and subsequently cleared, this news that they will be charged tomorrow is disturbing to Malaysians.
The police initially accused them of treason, which if proven would make them traitors to the country. This is a terrible accusation. One would think that without solid proof this accusation would not be levelled against them.
Mysteriously, this accusation simply disappeared into thin air. Next they were accused of posing a threat to public order. This, again, is a serious offence. Malaysians were anxiously waiting to be convinced in what ways these six were a threat to public order. Strangely, nothing was produced to support the police claim.
Read the rest of this entry »
Dead Bersih marcher’s kin demand inquest
By Syed Mu’az Syed Putra | August 01, 2011
The Malaysian Insider
KUALA LUMPUR, Aug 1 — The family of ex-soldier Baharuddin Ahmad, the sole Bersih 2.0 marcher who died on July 9, filed a notice at the High Court here today demanding an inquest to investigate the circumstances leading to his death.
At a press conference later, Baharuddin’s widow Rosni Melan said the notice was filed as the police had refused to initiate special investigation proceedings to probe her husband’s death, despite the seven-day deadline she had issued last month. The deadline expired on July 26.
“Today, I directed my lawyer to file the notice demanding an inquest to investigate my husband’s death as soon as possible.
“My purpose is sincere. I accept God’s will but my family and I need to know how he died… who and which party was responsible and to what extent is that responsibility,” she said.
Read the rest of this entry »
RCI report: Gobind throws Gani a challenge
Posted by Kit in Court, Crime, Law & Order, Teoh Beng Hock on Thursday, 28 July 2011
By G Vinod | July 27, 2011
Free Malaysia Today
KUALA LUMPUR: DAP national legal bureau chairman Gobind Singh Deo wants Attorney- General Abdul Gani Patail to explain why the three MACC officers found responsible for the death of Teoh Beng Hock cannot be charged under the Penal Code.
“If you can’t find anything under the Penal Code to charge them with, come debate with me and I will tell you how,” said Gobind.
Gobind said under the Federal Constitution, only the Attorney-General’s office has the power to prosecute anyone in a court for a criminal offence.
He was speaking at a forum attended by about 500 people at the Kuala Lumpur Selangor Chinese Assembly Hall here yesterday.
Read the rest of this entry »
RCI + inquest = ‘big, big mess’
Posted by Kit in Court, Judiciary, Teoh Beng Hock on Thursday, 28 July 2011
By Teoh El Sen | July 28, 2011
Free Malaysia Today
PETALING JAYA: The Royal Commission of Inquiry (RCI) into Teoh Beng Hock’s death, which released its findings in a report last Thursday, has created a “big legal mess” by generating more questions than answers, said prominent human rights lawyer Malik Imtiaz Sarwar.
Malik, who represented the Selangor government during the inquest and RCI, said rather than serving its original function to bring a closure to the issue, there are now different conclusions by the RCI and inquest.
“What has resulted is a big, big, mess. We have now a coroner’s decision and a RCI’s, which are saying different things. In law, the coroner’s findings is the determinative one,” the National Human Rights Society president told FMT.
Read the rest of this entry »
AG must go if MACC trio not charged, says DAP
Posted by Kit in Court, Crime, Law & Order, Teoh Beng Hock on Wednesday, 27 July 2011
By Shazwan Mustafa Kamal | July 27, 2011
The Malaysian Insider
KUALA LUMPUR, July 27 — DAP has given Tan Sri Abdul Gani Patail an ultimatum: Either prosecute the three Malaysian Anti-Corruption Commission (MACC) officers linked with Teoh Beng Hock’s death or resign as Attorney-General.
MACC announced on Saturday the temporary suspension of the three officers named in the Royal Commission of Inquiry (RCI) report — former Selangor MACC deputy director Hishammuddin Hashim and enforcement officers Arman Alies and Mohd Ashraf Mohd Yunus — pending the outcome of an internal probe.
The commission also said yesterday that it will only probe the three officers, and has remained silent on extending investigations to other officers in connection to this case.
Read the rest of this entry »
Mat Zain says MACC officers can be charged for Teoh’s suicide
Posted by Kit in Court, Crime, Teoh Beng Hock on Tuesday, 26 July 2011
By Shannon Teoh | July 26, 2011
The Malaysian Insider
KUALA LUMPUR, July 26 — A former senior police officer said today that three Malaysian Anti-Corruption Commission (MACC) officers should be charged for abetting Teoh Beng Hock’s suicide following the release of the royal commission of inquiry’s (RCI) findings.
Datuk Mat Zain Ibrahim told the Inspector General of Police in an open letter that then deputy director for Selangor Hishammuddin Hashim, officers Arman Alies and Mohd Ashraf Mohd Yunus were culpable in the interrogation of Teoh.
The former Kuala Lumpur CID chief noted the RCI said the three men had left the former DAP aide “almost a mental and physical wreck.”
Read the rest of this entry »
UiTM lecturer: MACC officers should be brought to court
Posted by Kit in Court, Crime, Teoh Beng Hock on Monday, 25 July 2011
Bernama | Jul 24, 11
Malaysiakini
Universiti Teknologi Mara (UiTM) law lecturer Assoc Prof Abd Halim Sidek said an investigation should be carried out on the allegation by the Bar Council that Teoh Beng Hock died due to the negligence of MACC officers named in the RCI report.
“If Teoh was driven to suicide as a result of the MACC officers’ action then they must be brought to court,” he said.
“I think the Bar Council president’s statement was premature and he jumped the gun. They must be patient and wait for the investigation,” he added.
Meanwhile a member of the Malaysian Anti-Corruption Commission (MACC) Consultation and Prevention of Corruption Panel, Syed Akhbar Ali, said the non-acceptance of the RCI conclusions by some could also be construed as disrespect for the laws of the country.
Read the rest of this entry »
Cartoons, yellow tees, now ties – what’s next?
Malaysiakini Your Say | Jul 15, 11
‘When are they going to learn that Bersih, when it’s in the rakyat’s hearts, cannot be removed from the rakyat by banning yellow ties and T-shirts?’
Police to tighten noose against Bersih neckties, too
DannyLoHH: Is there a way to file a class suit against the police and the home minister for their unconstitutional and unlawful outlawing of all things Bersih?
Wearing a Bersih shirt or shirt with the word ‘Bersih’, or even just the Bersih logo should not be illegal as we are a democratic country. Wearing a Bersih shirt does not mean we are a member of the ‘outlaw organisation’ nor does it necessarily mean we’re providing (material) support the organisation.
Read the rest of this entry »
Mat Zain wants Altantuya accused retried
By Debra Chong
July 12, 2011 | The Malaysian Insider
KUALA LUMPUR, July 12 — Datuk Mat Zain Ibrahim urged today Prime Minister Datuk Seri Najib Razak to step in and relook the Attorney-General’s (A-G) prosecution of two policemen now on death row for the murder of Mongolian model Altantuya Shaariibuu.
The retired cop accused the A-G of mishandling the case, which reflects a miscarriage of justice as the motive for murder was never found. Read the rest of this entry »
Councillors in the dock: Another one for the books
Malaysiakini Vox Populi | Jul 7, 11
‘Malaysia will enter the Guiness Book of Records as a Third World country for disallowing the wearing of yellow.’
Yellow tees: 11 councillors to be charged tomorrow
Ong Guan Sin: The case will surely collapse as there is no basis of circumstances and law to support the ‘illegal’ declaration against Bersih 2.0 T-shirts. It is a total waste of public resources to pursue the case.
As a 1Malaysia government so fond of setting itself key performance indicators (KPI), this waste of public resources should be factored into its KPIs – the rakyat will judge you accordingly. In fact, the public resources are abused in this case to just inconvenience and burden the good people of Bersih and its supporters.
Read the rest of this entry »
When will Hishammuddin or IGP announce that it is unlawful and a police arrestable offence for anyone to wear or sport yellow until July 9?
Posted by Kit in Bersih, Court, Crime, Hishammuddin, Najib Razak, Police on Wednesday, 29 June 2011
Just four days ago in Ipoh on Saturday, I had called on the Home Minister Datuk Seri Hishammuddin Hussein to “stop the madness where a person can be detained by the police for wearing the Bersih 2.0 T-shirt, as if he/she is more dangerous than Osama bin Laden”.
Clearly, I had directed my call at the wrong person as Hishammuddin is now at the heart of the “madness” with his announcement this morning that Bersih 2.0 T-shirts are illegal and that it is a police arrestable offence to wear them.
The question Malaysians must pose is whether Prime Minister Datuk Seri Najib Razak’s “Government Transformation Programme” has reached a stage where Ministers can unilaterally make laws like Hishammuddin declaring Bersih 2.0 T-shirts are illegal to justify police arrests and seizures?
Hishammuddin did not mention under what law the Bersih 2.0 T-shirts could be considered illegal and unlawful. The reason is simple – there is no such law, unless Malaysia’s democratic governance has degenerated to a stage where a Minister could unilaterally declare a law “on the run” as the Home Minister has done this morning.
The question is whether the Malaysian judiciary has degenerated to a new low where it would uphold the such Ministerial abuses of power in arbitrarily and unilaterally making a law “on the run” without parliamentary sanction. Read the rest of this entry »
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