Archive for category Law & Order
Ex-cop: Why is the gov’t afraid to act on Gani Patail?
Posted by Kit in Constitution, Law & Order, Najib Razak, Police on Thursday, 27 October 2011
Malaysiakini
Oct 27, 2011
A former senior police officer alleges that the Najib Abdul Razak administration is not willing to take action to form a tribunal against attorney-general Abdul Gani Patail for his alleged wrong-doings, following fears that it (the government) could also be similarly implicated in such crimes.
Mat Zain Ibrahim, in his open letter sent to Najib last week and made available to Malaysiakini today, claims that he briefed Najib in 2008 when he was still the deputy premier about Gani’s alleged misconduct.
In the open letter titled ‘Rule of Law government breaks its promises’, Mat Zain stated there is a public perception that Najib refuses to take action against Gani (right) because the premier feared the AG may expose some so-called secrets with regard to Altantuya Sharibuu or the Scorpene submarines purchase.
“I am of the opinion that YAB Datuk Seri and the government will do everything possible to avoid any criminal charges being preferred against Gani. The government is worried that should Gani be proven to have abused his powers for cheating or falsification/corruption, then simultaneously the government would then be guilty of having done the same thing since 1990.” Read the rest of this entry »
Mat Zain claims Najib knew of AG’s alleged wrongdoings
Posted by Kit in Constitution, Law & Order, Najib Razak, Police on Thursday, 27 October 2011
By Shannon Teoh
The Malaysian Insider
Oct 27, 2011
KUALA LUMPUR, Oct 27 — Datuk Seri Najib Razak said that Tan Sri Abdul Gani Patail should not have been involved in falsifying evidence in Datuk Seri Anwar Ibrahim’s 1998 “black eye” probe, a former senior policeman said today of his private meeting in October 2008 with the prime minister.
Datuk Mat Zain Ibrahim, who has led a one-man campaign to remove the Attorney-General (AG), said he had met Najib, who was then the deputy prime minister, to discuss his allegations against Abdul Gani (picture) and the then Inspector-General of Police Tan Sri Musa Hassan.
“Even though Gani’s intention might been to help the IGP (Tan Sri Rahim Noor), falsifying evidence is still wrong which he should not have done,” Mat Zain quoted Najib as telling him.
The former city criminal investigation chief also quoted Najib as saying “I got to know that (former IGP Tan Sri) Musa (Hassan)’s role was not as bad as Gani’s and I think he can get away with it.” Read the rest of this entry »
Judicial tribunal for AG and Ct of Appeal judge
Posted by Kit in Anwar Ibrahim, Budget Debate, Constitution, Good Governance, Judiciary, Law & Order, Parliament on Monday, 17 October 2011
b) Judicial tribunal into serious allegations of graft and abuse of power against Attorney-General Abdul Ghani Patail
In the past few months, many serious allegations of graft and abuse of power had been made against the Attorney-General Tan Sri Abdul Gani Patail notably by the former Kuala Lumpur CID Chief Mat Zain Ibrahim in a series of open letters, former MACC panel member Tan Sri Robert Phang and blogger Raja Petra Kamaruddin.
These allegations included falsifying facts and evidence in Opposition Leader Datuk Seri Anwar Ibrahim’s infamous “black eye” incident in 1998, the graft case against Shahidan Shafie and the judicial abuses in the Altantunya Shaaribuu murder trial.
Unless Gani Patail take legal action against these allegations, the Prime Minister should set up a tribunal to clear the name of the Attorney-General as these are very serious allegations which if unrebutted can only undermine public confidence in the professionalism, independence and integrity of the Attorney-General but also key national institutions, including the judiciary, the police and the MACC. Read the rest of this entry »
At variance with the Constitution
Posted by Kit in Constitution, Islam, Law & Order on Friday, 14 October 2011
REFLECTING ON THE LAW
By SHAD SALEEM FARUQI
Star
October 5, 2011
The clear intention of the 1957 Constitution was to allocate penal powers to the Federal Government and to confer on the states residual powers over minor syariah offences.
WHENEVER a general election appears to be around the corner, some people find it politically profitable to stoke the embers of controversy about the need for an Islamic state and its accompanying requisite – hudud laws – ie, laws relating to crimes, punishments and rights and duties that are mentioned in the Holy Quran.
Such a season of polemic is with us again and a few observations are in order.
First, it is a fact that since the 80s, many Muslims have been aspiring to give centrality to the Syariah in our legal system.
While this religious quest is understandable, its realisation requires massive legal reconstruction of the basic legal edifice.
We must be open-eyed about these changes and must accomplish them in accordance with, and not in disregard of, the constitutional charter.
Second, respecting the sensitivities and rights of other religious communities and living in peace and harmony with them under a system of just, fair and compassionate governance is also an important requirement of the Syariah.
Example of other Muslim countries where the hudud has been enforced and how hudud’s implementation has impacted on war, peace or social harmony needs to be thoroughly studied. Read the rest of this entry »
The Premier’s Mistake
Posted by Kit in Constitution, Crime, Law & Order on Monday, 10 October 2011
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.
Read the rest of this entry »
Nazri says Tajuddin did not disclose interests in MAS deals
Posted by Kit in Law & Order, Parliament, Transport on Thursday, 6 October 2011
By Shannon Teoh
The Malaysian Insider
Oct 06, 2011
KUALA LUMPUR, Oct 6 — The government said today that Tan Sri Tajuddin Ramli had breached the Companies Act by not disclosing his interests when he was chairman of Malaysia Airlines (MAS).
But Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz said that the fine incurred by Tajuddin has been postponed as the case involves a civil suit that has not been resolved.
The de facto law minister said that reports made by the national carrier against its former boss had been referred to the Attorney-General in 2006.
“Based on the investigation, evidence shows that he had breached section 131 of the Companies Act which involves ‘disclosure of interests’.
“As the case involves a civil claim that has not been resolved, he asked the Attorney-General’s Chambers to delay the compound. The A-G’s Chambers has granted the request,” Nasri said in a written reply to Lim Kit Siang (DAP-Ipoh Timor) in Parliament today. Read the rest of this entry »
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 »
What has happened to the rule of law?
Posted by Kit in Law & Order, Police on Sunday, 25 September 2011
— P. Ramakrishnan
The Malaysian Insider
Sep 24, 2011
SEPT 24 — We must not forget the larger issues involved in the case simply because the government had decided to get out of a messy situation for its own good.
The Barisan Nasional government created this untenable position that cannot be sustained by logic and facts. As a cover-up for its high-handedness, it is posturing itself as a generous institution that is capable of being considerate. The fact is it is trying to extricate itself from this unjustified and cruel action against these helpless people who only meant well.
It is unthinkable that people will be deluded by this gesture of the police. Malaysians are no more gullible or naïve to be easily fooled by such tokenism. The reprehensible conduct of the police cannot be condoned. Read the rest of this entry »
Time for CSL and MCA Ministers to declare whether they agree MACC and MACC officers must be held responsible for TBH’s death
Posted by Kit in Law & Order, Teoh Beng Hock on Saturday, 6 August 2011
The time has come for the MCA President Datuk Seri Chua Soi Lek and the four MCA Ministers to end being “dumb and deaf” and declare whether they agree with the Bar Council that the Malaysian Anti-Corruption Commission (MACC) and MACC officers must be held responsible for Teoh Beng Hock’s (TBH) death at the MACC headquarters in Shah Alam on July 16, 2009.
The Bar Council submission to the TBH Royal Commission of Inquiry made public yesterday had recommended that five MACC officers be investigated under Section 304A of the Penal Code for culpable homicide not amounting to murder for the death of TBH, viz: former Selangor MACC deputy chief and “mastermind” of the massive and unlawful 33-men MACC operation which resulted in Beng Hock’s death, Hishamuddin Hashim; Selangor MACC investigations chief Hairul Ilham Hamzah; investigation officer Mohd Anuar Ismail, interrogation officer Mohd Ashraf Mohd Yunus and Klang MACC assistant enforcement officer Zulkerfly Aziz.
The five should also be investigated under Section 304A of the Penal Code for causing Teoh’s death by negligence. Read the rest of this entry »
Axe AG, Mat Zain tells Najib
Posted by Kit in Law & Order, Teoh Beng Hock on Friday, 29 July 2011
By Shannon Teoh
The Malaysian Insider
Jul 29, 2011
KUALA LUMPUR, July 29 — Datuk Mat Zain Ibrahim has called on Datuk Seri Najib Razak to sack Tan Sri Abdul Gani Patail for repeatedly failing to initiate charges in high-profile cases such as the death of Teoh Beng Hock.
The former city criminal investigation chief said that the Attorney General would “try his best to trick his way to avoid prosecuting those who have clearly given false testimony” in the recent royal commission of inquiry (RCI) into how the former DAP aide fell to his death in a Malaysian Anti-Corruption Commission (MACC) office.
“For the sake of national interest and holding to the Rule of Law, we hope that the prime minister seriously considers using powers that only he possesses under Article 125 (3) and Article 145 (6) of the Federal Constitution to solve this long-standing crisis,” he wrote in an open letter to the Inspector-General of Police. 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 »
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 »
Home minister ‘cooking up’ laws
Posted by Kit in Bersih, Hishammuddin, Law & Order, Parliament, Police on Thursday, 30 June 2011
By Tarani Palani | June 30, 2011
Free Malaysia Today
KUALA LUMPUR: Opposition MPs today criticised Home Minister Hishammuddin Hussein for acting outside the law in banning the yellow Bersih 2.0 T-shirts and questioned the legal basis for the Bersih-related clampdown.”We have a minister who is making the law on the run without parliamentary sanction,” said DAP stalwart Lim Kit Siang, adding that even Inspector-General of Police Ismail Omar’s warning that any paraphernalia related to Bersih as illegal was deplorable.
During a press conference in Parliament, the Ipoh Timur MP said that such interpretation of the law coming from the home minister who had a legal background was disappointing.
He added that the opposition MPs, who had elements of yellow in their attire, were protesting the clampdown by the authorities and to show support for a peaceful Bersih demonstration on July 9.
Read the rest of this entry »
Mat Zain: Bala’s SD might save cops on death row
Posted by Kit in Court, Judiciary, Law & Order, Police on Tuesday, 28 June 2011
Malaysiakini
Jun 27, 11
Former Kuala Lumpur CID chief Mat Zain Ibrahim has urged Inspector-General of Police Ismail Omar to intervene in the decision of the Attorney-General’s (AG’s) Chambers not to charge private investigator P Balasubramaniam with falsifying a statutory declarations (SDs).
In an open letter to Ismail, Mat Zain said the contents of Balasubramaniam’s statutory declarations, if tested in court, may influence the outcome of the Altantuya Shaariibuu murder case.
Two young police personnel, Azilah Hadri, 33, and Sirul Azha Umar, 36, were both sentenced to death for Altantuya’s murder.
However, political and defence analyst Abdul Razak Baginda was acquitted of abetment without his defence being called. Prosecutors did not appeal the decision.
“If the judge had mistakenly freed Abdul Razak, that is inconsequential. Maybe that is his luck. But we cannot allow the judge to mistakenly sentence Azilah and Sirul to death. Read the rest of this entry »
Question of efficiency, independence and professionalism of AGC and Police haunting Malaysia’s international image in a bigger way than any time in the past
Posted by Kit in Anwar Ibrahim, Court, Crime, Law & Order, Najib Razak, Police on Friday, 24 June 2011
Two days after the Sri Carcosa sex tape caper on Monday, 21st March 2011, I had warned that police efficiency, independence and professionalism were again the major casualties of the latest criminal attempt to target and character-assassinate Datuk Seri Anwar Ibrahim.
My warning of March 23 has proven true. More than three months after my warning, the questions of the efficiency, independence and professionalism of the Attorney-General’s Chambers and the Police have bulked even larger to haunt Malaysia’s international image in a bigger way than at any time in the past in the nation’s history.
The farce this morning in the magistrate’s court where the “Datuk T” trio were charged for the Sri Carcosa sex tape screening has only served to further lower public confidence and esteem in the efficiency, independence and professionalism of the Attorney-General and the Police.
Read the rest of this entry »
Evil stalks the brave and threatens the peace
Posted by Kit in Articles, Bersih, Election, Law & Order on Friday, 24 June 2011
by P Ramakrishnan
President Aliran
23 June 2011
Today, at around 1.00pm, I received an sms from +601119732179. The message conveyed to me was in Bahasa Malaysia and read:
Members of the Bersih steering committee at the launch of Bersih 2.0
Korg ni buta hati ke?? buat apa sokong ambiga keling paria haramjadah tu? dia ni kapir laknat. korang tau tak dia ni jadi alat anjing2 politik untuk musnahkan keutuhan melayu. dia kata je nak BERSIH kan SPR. bersih kepala bapak dia.
Puak2 PAS n PKR pun buta tuli n pekak badak.. kalau SPR tak bersih, boleh ke diorang menang kat Sgor, Kedah, Penang, Kelantan n perak dulu? DAP cina sial tu pulak lagi haram jahanam. dia tengok je melayu bertekak. hujung2 dia perintah negara ni dan kristiankan kita semua. aku nak kasi amaran kat korang semua.
Kalau perhimpunan ni jadi, aku dan org2 aku akan bunuh ambiga dan korang2 keliling dia satu persatu, termasuklah orang2 politik bangang yg bersekongkol ngan kafir laknat tu.. ini amaran aku. Korang tengokla nanti. Read the rest of this entry »
Apply the law equally
Posted by Kit in Bersih, Law & Order on Friday, 24 June 2011
Terence Fernandez
The Sun
23 June 2011
BAD things happen because good people do nothing. How often have we heard this phrase and how many of us have been motivated enough to get off our butts to do something when others are trying to cause chaos and confusion?
At the rate things are going, it seems we are content to let things slide or sweep them under the carpet – a child’s logic: close your eyes and it will go away.
History has taught us that the worst atrocities were actually committed by the minority. But they were emboldened and abetted by a silent majority who at first laughed them off as a bunch of raving lunatics but to their horror, later discovered that this same group of madmen had taken control of the country’s social and political structures. Read the rest of this entry »
Don’t expect nude squat probe to be transparent
Posted by Kit in Law & Order on Friday, 17 June 2011
Malaysiakini Your Say | Jun 17, 11
‘The gov’t expects the public to believe that they would carry out a fair and transparent probe? Since when have they been known to do that?’
Special board to probe ‘nude squat’ claims
L Joy: The Immigration Department is to set up a special board to investigate the nude squat? They and the government expect the public and Singapore to believe that they would carry out a fair and transparent probe?
Since when have they been known to do that? Could they state just one case in the history of the Immigration Department? Name any ministry or department, for that matter, that has made a finding against its own self?
Just using the word ‘special’ does not make the investigation transparent and fair.
Read the rest of this entry »
Putrajaya’s double standards
Posted by Kit in Hishammuddin, Law & Order, Police on Monday, 13 June 2011
The Malaysian Insider
Jun 13, 2011
JUNE 13 — Here’s a riddle. Why is the Home Ministry warning Bersih 2.0 from organising its July 9 rally but not taking action against Datuk Ibrahim Ali for threatening a “jihad” against Christians if they usurp Islam with a Christian state?
Right, because nothing violent happened after the Perkasa chief made his threat.
But will anything violent happen next month when the election watchdog marches for electoral reforms? Read the rest of this entry »
Nazri opens floodgates to religious hatred
Posted by Kit in 1Malaysia, Law & Order, Religion, UMNO on Wednesday, 18 May 2011
Malaysiakini
May 18, 11
‘Does it mean we can all now make seditious and insensitive remarks without any repercussions? This has gone out of line.’
Nazri: No action against Ibrahim Ali
Roberts: De facto law minister Mohamad Nazri Abdul Aziz misses the point. Yes, it is true that hundreds of irresponsible bloggers of all colour and creed have made sensitive comments to hurt and inflame other communities. But they are individuals.
Perkasa is a registered organisation and Malay daily Utusan Malaysia is a licensed newspaper. Can they act in the same wanton abandon as irresponsible bloggers and tweeters?
Rape is rampant in Malaysia – do we want to condone it by saying that it is the norm? Corruption is rampant – shall we then legalise it? Drug addiction is widespread, shall we let it be and say it is the norm? Crime is widespread these days – shall we do nothing about it?
There will always be irresponsible individuals, but when institutions like Perkasa and a national daily act recklessly, then our society will really go down the drain, for these institutions represent our collective conscience and morality. Read the rest of this entry »
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