The A-G Chambers practises selective prosecution, says MACC

by Kuek Ser Kuang Keng@www.malaysiakini.com

The Malaysian Anti-Corruption Commission investigates all allegations of corruption made to it, but it is the Attorney-General's Chambers that refuses to file in court some of the cases the MACC deems valid.

"Come, show me which case has not been investigated by MACC. There is not even one case that we did not investigate," its Deputy Commissioner (Operations) Mohd Shukri Abdull (left) told a forum in Shah Alam today.

"The problem is, many people want the cases to be charged in court, but if you ask me on this issue, you are asking the wrong person. To us, there are valid cases (to be charged in court), but to the Deputy Public Prosecutor, there is no case to answer, so what can we do?" Shukri told the participants, who responded with loud cries of lawan (fight).

Giving the audience a dry smile, Shukri replied: "How to fight? MACC has no (prosecution) power."

The articulate senior officer who has 27 years of combating graft behind him, was trying his best to convince the excited audience that MACC was free from political interference and doing its best to haul up corrupt politicians to face the music.

The cheers and applause from the floor suggested that his explanation was well received by the hundreds at the forum titled "Political Bribery: Reality or Perception", organised by Malay daily Sinar Harian.

"If my officers and I were to act according to our hearts, we would arrest all! But we can't, because the charges must be based on evidence, not sentiment," Shukri said, attracting another round of applause from the floor.

The other three speakers at the forum were PKR Strategy Director Rafizi Ramli (right), BN’s Kota Belud MP Abdul Rahman Dahlan and Political Analyst Chandra Muzaffar.

The forum's moderator was International Islamic University of Malaysia lecturer Maslee Malik. Responding to Shukri’s ‘complaint’ Rafizi quickly came to his defence.

“MACC has no prosecution power"

"If you want to blame, don’t blame Shukri but blame Abdul Rahman because he is the member of Special Parliamentar yCommittee on Anti-Corruption,” said Rafizi. And Shukri who was sitting beside him immediately extended his hand and shook with Rafizi, sending the audience into fits of guffaws.

Rafizi then took potshots at Prime Minister Najib Abdul Razak’s earlier promise that MACC will be given more power should BN retain two-thirds parliamentary majority in the next general election.

“If I were the Prime Minister, no need to amend the constitution just replace the attorney-general with someone who can work with the MACC,” he suggested.

Abdul Rahman (right) then criticised Rafizi for not respecting the principle of separation of powers, pointing out that should the MACC be given both the power to investigate and prosecute, it would create another problem.

Rafizi quickly corrected Abdul Rahman that he was suggesting to change the A-G, not to give MACC prosecution power, but Abdul Rahman claimed that it was the stance of Pakatan Rakyat representative in the parliamentary committee.

Earlier, Shukri also stressed that his officers in the commission, though having different political inclinations are very professional when it comes to carrying out their duties.

“I have to be very transparent here. My dad and mum are green colour, but people don’t know what colour I am, even my parents don’t know, that is my right. “When it comes to investigation, I’m professional, I’m colour-blind,” he added.

Mr PM, let me tell you why we are worried: Cow-gate, Cop-gate, AG-gate and now Anak-gate

Written by Robert Phang

Prime Minister Najib Razak must lead the way, show true reforms and avoid cover-ups. The government’s objective of making crime reduction one of the National Key Result Areas (NKRA) is now showing results. According to the World Justice Project Rule of Law Index 2011 Report, Malaysia was ranked the safest country in the Asia Pacific Region.

All these are marked improvements of the image of the PDRM than when it was under the previous IGP, Musa Hassan. During Musa Hassan’s time, the PDRM was despised, the Along money-lending syndicate became a national menace and the crime rate was high especially street crimes. In short, Malaysians feel unsafe then. Some may say that was all in the past. But the past shapes the present and the future.

Police need to buck or fall behind

In that regard I feel compelled to remind the PDRM that the positive image now can slide back to what it was before. I feel compelled to remind PDRM that it must not be a law enforcement agency that is involved in cover-ups in protecting only the rich and powerful. As such, current CCID Director, Dato’ Syed Ismail Syed Azizan, must be commended for announcing that the police had recommended for prosecution action in the NFC “Cowgate” scandal. This had forced AG Gani Patail to finally charge Shahrizat Jalil’s husband, the Chairman of the NFC, for CBT. That unconventional announcement was a very brave and smart move by Syed Ismail so that there cannot be a cover-up for which the police will be made to take the blame. That really helped improve the image of the PDRM in the eyes of the Rakyat.

As a Friend of the Police, I call on the Rakyat not to misconstrue the statement made by the Home Minister Hishammuddin Hussein about the revelations made by former CCID Director Dato Ramli Yusuff of the cover-ups, fixing-ups, fabrications and abuses of power by Musa Hassan and AG Gani Patail in what is now known as the “CopGate Affair”. What Minister Hishammuddin had really said was “Prove it, and we will take action. No one is above the law”. Thus, we must take that positively.

Police duty to investigate and not kow-tow to AG

Since Hishammuddin has asked for proof, YDH IGP Ismail Omar must now take the Minister seriously and direct investigations by his officers. The police powers to investigate crimes are prescribed by the Police Act. If I may, IGP Ismail Omar can show his seriousness, objectivity and professionalism to uncover the truth and obtain evidence by taking the following steps:

> exclude CID Director, Bakri Zinin, from this investigation. This is to protect Bakri Zinin from any allegations of being connected to AG Gani Patail as Bakri is also from Sabah;

> direct independent minded investigators like CCID Director Syed Ismail who is not easily intimidated by AG Gani Patail as has been shown in “Cowgate”;

> not to allow circumvention of police work by any politician, no matter how high that politician may be, from carrying out police duties as that is the oath of duty of a professional police force;

> leave no stones unturned of all the reports made by Dato’ Ramli Yusuff against AG Gani Patail and Musa Hassan that have now been in the public domain for some time, namely investigate:

a) the truths of the SD by Musa Hassan’s ADC of his complicity with the underworld;

b) the truths of 10 other SDs by the other policemen;

c) the truths of the SDs by the other informants about the turning over of their informant’s evidence;

d) the cover- ups for Goh Cheng Poh in the Along syndicate investigations and the circumvention of police work in that case;

e) the unlawful access of Cicero confidential files;

f) abdication of AG’s duties under Art 145 Federal Constitution by refusing to act for and prepare affidavits for CCID;

g) fixing-up of Dato’ Ramli and his six officers by using the fabricated statement of Moo Sai Chin who was then under EO Detention;

h) fixing-up of Dato’ Ramli’s lawyer;

i) AG’s complicity in the matters concerning Tajudin Ramli/MAS and whether there was suppression of evidence;

j) AG’s refusal to prosecute Tajudin Ramli despite the recommendation of the CCID;

k) relationship between AG Gani Patail with Tajudin’s proxy, Shahidan Shafie. It is noted that Shahidan was previously charged for corruption while he was OC Secret Societies of Johor;

l) whether it is proper conduct for an Attorney-General to fraternize with a person of ill- repute (Shahidan Shafie) especially when that person is connected to an on-going investigations by the Police and the MACC. Their consorting together is evident as exposed in the Haj scandal with photographs and other supporting Tabung Haji documents;

m) AG’s complicity in the Ho Hup corporate tussle as evidenced by photographs of the A-G at Ho Hup’s office and the prosecution of the other side.

Not for Nazri to decide

The Rakyat is disappointed that the Speaker of Parliament had rejected the urgent motion by Subang MP R Sivarasa for this matter to be debated in Parliament last Wednesday. The integrity of AG Gani Patail impacts on the whole system of justice in this country. The Rakyat sees this refusal to allow parliamentary debate on a matter of such importance as a cover-up.

To dispel this negative perception, I ask IGP Ismail Omar to discharge his constitutional duties to investigate without fear or favor. I ask Ismail Omar to disregard the misconceived statements of Nazri Aziz that the government will not investigate this further. It is not for the Minister to state whether the complicity of AG Gani Patail should be investigated just as it is not for that Minister to direct GLCs to settle their cases with Tajudin Ramli.

Anak-gate : Where did the lawless son get so much money?

Nazri may be the Law Minister, but he has no legal nor moral authority to tell the police how to carry out the law if he cannot control his lawless son and his bodyguards in connection with the recent assault of a security guard. According to the police reports made available to me, Nazri’s son had even used his father’s Minister’s name card to introduce his entourage. Is that not abuse of power? The Rakyat is not amused that the case has been classified as Affray under s. 160 Penal Code. Affray is fighting in a public place. His son’s body guards trespassed onto private property and assaulted a security guard. How could that be an affray?

Beyond that, the Rakyat ponders how did Nazri’s son afford such luxurious cars - a Porsche driven by him and a Toyota Vellfire by his bodyguards? Why did he need bodyguards? What business is he in? Are we seeing further examples of “Cowgate” amongst the families and sons of Ministers who live in absolute opulence whereas the Rakyat are told to be thrifty and constantly reminded of rising inflation and high cost of living.The MACC should look into whether this Minister’s family is living beyond their means or having unusual wealth. After all, that is what all civil servants are subjected to under the MACC Act. So, it is better that Nazri controls his “anak jantan” and his entourage to behave in accordance with the law than for him to meddle in the affairs of the police.

The IGP must direct PDRM to act independently. That is how checks and balances in government institutions are maintained so that the Rakyat can feel safe and secure. Politicians come and go but the institution of the police cannot be made to succumb to their whims and fancies.

Too much evidence against Gani Patail to ignore

The evidence already in the public domain against AG Gani Patail are just too numerous for the government to ignore. As such, on behalf of the Rakyat I beg PM Najib to hear the Rakyat’s voice. The PM should know that the Rakyat is unhappy that he has said that it is not necessary to constitute a tribunal to look into this. The Rakyat wonders why the government must defend this AG until it affects the credibility of PM Najib’s government. This may only fuel suspicion that AG Gani Patail and Musa Hassan have a hold on the PM and other government leaders. PM Najib must dispel this by taking firm action.

PM Najib must not lose the plot. PM Najib has already shown that he will walk the talk when it comes to the Rakyat. I am sure PM Najib is sensitive to the Rakyat’s feelings. He is already popular with the reforms undertaken so far. So, let it not be dampened by the allegations surrounding AG Gani Patail. The Rakyat will support PM Najib in all his reform plans especially when the Rakyat trust there is no cover-ups.

Tan Sri Datuk Robert Phang Miow Sin is a prominent civil society leader, a Justice of Peace and a former member of the MACC advisory panel

Similar Scandals, Different Treatment

by Dr. M. Bakri Musa
Morgan-Hill, California

To assert that the Malaysian mass media is nothing more than propaganda arm of the ruling Barisan coalition is no revelation. The personnel in the mainstream dailies, the national news agency BERNAMA, and the government broadcasting channel RTM are less journalists and editors, more political hacks and spinmeisters. They are, to borrow National Laureate Samad Ismail’s word, the carma (contraction for cari makan, seeking a livelihood) variety.

Less appreciated is the fact that they are hired hands not of the Barisan government but of whatever faction in it that is currently dominant, or trying to be so. Thus one can surmise the tensions and the dynamics of the current swing of the political pendulum within Barisan, specifically UMNO, from perusing the headlines. Perusing is exactly the right word, for there is nothing much worth reading in those dailies.

Consider the contrasting treatment in the mainstream media of the two currently unfolding financial scandals. The first is the National Feedlot Corporation mess (“cow-gate”) that is now ensnaring the husband and family of Women’s Minister Shahrizat Jalil; it had also led to her resignation from her cabinet post. The other is the nearly half-a-million ringgit engagement party for Prime Minister Najib Razak’s daughter and an equally expensive birthday bash for himself that he allegedly tried to on to Treasury, and thus the taxpayers.

Both scandals were first exposed in the Internet through the diligent investigations of Rafizi Ramli, the chief strategist for Pakatan Rakyat. With the first scandal, the mainstream media were quick to pick up on and embellish the story; on the second, there was no mention at all. One can safely conclude that the respective primary players in both scandals, Shahrizat with the first and Najib for the second, are from different factions within UMNO. No marks for guessing which side is on the ascendance.

Rafizi is no rabble rouser throwing off wild accusations here and there. His first exposé of the “cow-gate” was initially dismissed by no less than the Deputy Chief of Police; today the principal player, Shahrizat’s husband, is charged with criminal breach of trust and she was caught in the ensuing wake.

With Rafizi’s track record, you would think that those investigative journalists in the mainstream media would be eager to pursue his leads. At the very least their curiosity should have been piqued. Thus for them to completely ignore the story of the alleged publicly-paid engagement and birthday parties meant that they are journalists only in name, and that they are told what to do.

In terms of monetary value, Najib’s birthday bash and his daughter’s engagement party, both totaling at about “just” half a million ringgit, are but a small change compared to the cow-gate’s RM250 million price tag; cow-gate in turn pales in comparison to the multi billion ringgit Port Kang Free Zone Development debacle or the “commission” paid on acquiring the second-hand French submarines that would not submerge.

While the price tag may vary, the underlying mindset of contempt for taxpayers’ money remains. To these leaders the concept of integrity or the diligent exercise of fiduciary responsibility is foreign. At best they are but slogans uttered during election campaigns and then conveniently ignored.

To be sure, this is not a weakness unique only unto Malaysian politicians. In some countries these wayward politicians are caught and brought to justice; in others, well, they continue on business as well, their greed feeding on itself. There is no limit to their avarice. Their “success” would then be celebrated, and they would then become the new role models. Unfortunately that is where Malaysia is today.

What struck me most about this latest scandal, the one involving Najib’s birthday party in particular, was the utter lack of class. Najib has made more than a few UMNOPutras rich through his giving away many lucrative contracts. Surely at least one of them would be generous or grateful enough to host the party for him.

Alas that is the problem with greed; there is literally no boundary to it. Najib’s many rich friends are still expecting to sponge off him! Likewise with Shahrizat’s husband; if he had spread the bounty around just a wee bit as, for example, to include the head of Utusan Malaysia, BERNAMA or The New Straits Times to be on the board of directors of his Feedlot Corporation, Rafizi’s accusation would never have gone beyond cyberspace.

Greedy and unscrupulous politicians alone would and could not do in Malaysia. It would take more. There would have to be a general failure of our institutions to allow such abuses and corruption to go on and be tolerated. Toleration soon degenerates into encouragement, and a new cultural norm is established.

This is what happens when the institutions of our society have been let to deteriorate. They are no longer able to function as effective defenders of citizens’ interests. We expect members of the fourth estate to be aware of their awesome responsibility to keep citizens informed. We expect these journalists to be on the vanguard of this sacred task. Alas they too have been taken in; they have prostituted themselves to those in power.

There is an honorable place in this world for cheerleaders, spinmeisters, or even court jesters and others who see themselves doing the bidding of those who hired them, but reporters and journalists they are not. If those in the mainstream media feel that they have to cari makan, then I suggest that they join the advertising and pubic relations industry. If they are talented enough in that endeavor there will get plenty of rewards. They do not need to soil and degrade the hallowed traditions and functions of the fourth estate.

This degradation of our mainstream media is of course not a recent phenomenon, nor is it a subtle. RTM has only a few hundred followers on its Twitter. As for The New Straits Times, if not for its highly subsidized distributions and subscriptions, its circulation would down in the dumps. And if not for the government-paid announcements and advertisements and paid press releases of government-linked corporations, so too would be the paper’s revenue.

Just as the shifts in fortune among the politically powerful are reflected in the coverage of the mainstream media, so too is the dysfunctional leadership among them. We saw this played out during the early days of barely-under-the-surface rivalry between Mahathir and his then deputy, Anwar Ibrahim. Their supporters take their cue from how their patrons were covered in the mainstream media. The New Straits Times rivaled Pravda in this regard. This was repeated when Abdullah Badawi took over; then it was Mahathir’s turn to be at the receiving end.

There is no honor among UMNO leaders. Theirs is a world of hyenas; a world of winner takes all, right to last bit of morsel of their prey. Mahathir did it to Tengku Razaleigh when the latter lost a closely contested leadership contest back in the 1980s. Mahathir did it again later, this time at a more vicious level, with Anwar Ibrahim. Then Abdullah Badawi tried to do it to Mahathir, and learned to regret it.

You would expect the women of UMNO to show some gentleness. Yet there was Shahrizat and Rafidah still at it with their cat fight, now more openly and much uglier.

There is plenty of blame to go around for the present pathetic state in Malaysia. Our callous acceptance of wrong doing among our leaders did not develop overnight. We have been taught, and taught well, to accept these misdeeds as anything but that, aided by those cheerleaders and spinmeisters in the mainstream media.

The NFC Saga continues: Whistleblower gives MACC the evidence

Teoh El Sen | March 7, 2012-www.freemalaysiatoday.com

Businessman Shamsubahrin Ismail says the evidence will prove that NFC Corp chairman Mohamad Salleh had asked him to bribe the Police.

PUTRAJAYA: Businessman Shamsubahrin Ismail handed over evidence that allegedly proves that National Feedlot Corporation (NFCorp) chairman Mohamad Salleh Ismail asked him to bribe the Police to “close” the controversial National Feedlot Centre case.

He arrived at the Putrajaya Malaysian Anti-Corruption Commission (MACC) headquarters around 12.15pm accompanied by four lawyers, including PKR vice-president N Surendran and PKR legal bureau head Latheefa Koya.

He came out at around 3.10p.m. and spoke to reporters. He had handed over to MACC a handphone, some documents including transcripts of SMSes and had a brief statement recorded as well.

“The reason I came to MACC is just to hand over the evidence of what transpired between me and Mohamad Salleh. The evidence will show that I have not cheated him. So now I will leave it to MACC to do a fair and good investigation,” Shamsubahrin, sporting a shaved head, said.

“I am innocent. If not, I will not reveal all the evidence (today),” he added.Asked if he could reveal more details of what happened, such as whether money was actually handed to the Police, Shamsubahrin replied:”I think you wait for MACC’s investigation. I don’t want to say things here while they work on the case.”

Meanwhile, Surendran said that the evidence surrendered today was “clear and solid proof of attempts to bribe the police” and supported his client’s earlier police report made in Klang.

Surendran said the case, which he considered as an attempt to give gratification, should be swiftly acted upon, and MACC should not drag its feet.

“They actually had the phone with them previously. Why instead of taking action then, the whistleblower, Shamsubahrin was slapped with not one but three charges?

“This shows the continuous abuse of prosecution and enforcement powers in this country. The whistleblower is penalised, the real culprits walk free,” he said.

Lawyers barred when statement recorded

Surendran also complained that MACC had prevented lawyers from sitting with Shamsubahrin while his statement was taken, resulting in a “stand-off” lasting 45 minutes.

“This shows the high-handed manner of MACC work. They have no respect for the law, no respect for his right to have lawyers present,” he said, adding that he would bring this up with the Bar Council.

Surendran said the lawyers had, under protest, agreed to stand beyond ear-shot but within view of their client.

“But we say these are unnecessary technicalities as we didn’t want to allow our client such risk after the deaths of Teoh Beng Hock and Ahmad Sarbaini. We must remember that Teoh would still be alive today if his lawyer was allowed in,” Latheefa had said.

Shamsubahrin was also represented by lawyers Afifuddin Ahmad Hafifi and Siti Maspuah Maulan.

On December 30, Shamsubahrin, 45, was charged with two counts of cheating Mohamad Salleh of RM1.76 million for “negotiation and consultation services” that which he did not deliver.

Mohamad Salleh is the husband of Women, Family and Community Development Minister Shahrizat Abdul Jalil. The “services”, while not specified in court, were widely speculated to be for the closing of the NFC case.

Shamsubahrin was also charged, while he was warded at the Klang Hospital, with two separate counts of cheating not related to the NFCorp.

On Jan 30, PKR disclosed a police report lodged by Shamsubahrin in which he claimed that Mohamad Salleh had pressured him to bribe police investigators to close the case on NFCorp.

Scapegoat

Shamsubahrin had claimed in the report that he actually had refused to do so as his job scope was only as a consultant. However, he had told Mohamad Salleh he would settle the matter.

Shamsubahrin’s report also claimed that he had been used as a “scapegoat to save Mohamad, his wife Shahrizat and NFCorp’s reputation.”

Shamsubahrin claimed that investigations against him and the charges he was facing were “politically motivated” as they were without basis.

“I am making a report against Mohamad Salleh for cheating me by appointing me as a ‘corporate adviser and consultant’ for NFCorp on Nov 24, 2011 and Nov 28, 2011, but at the same time had made me to believe that the appointment was true, genuine and sincere,” Shamsubahrin stated in the report.

“However, I received instruction and pressure to close the NFCorp case with the police… Mohamad Salleh had, via SMSes and phone, asked me to bribe the police,” stated Shamsubahrin, who claimed he had proof of the conversation.

“Then I was charged with cheating Mohamad Salleh. That’s not true at all because the RM1.755 million which was paid in stages was for my consultation services,” he added.Shamsubahrin would be tried in the Sessions Court on April 4.

The NFCorp issue came to light in October last year after the 2010 Auditor-General’s Report revealed that the RM250-million cattle breeding project had failed to fulfil the objectives of its formation, which was to reduce beef imports.

While Mohamad Salleh headed NFCorp, his three children were directors in the company. Opposition parties, particularly PKR, had made a series of documented exposés linking Shahrizat to allegations of abusing state funds meant for the project.

NFCorp had been accused of misusing parts of the RM250million government soft loan to purchase high-class condominiums, premium land and a luxury car as well as expenses unrelated to cattle farming.

Police are investigating if NFCorp had committed criminal breach of trust, and the MACC, too, is looking into the possibility of “abuse of power” in the corporation.

60 per cent funding ‘diverted’

By Jacob Achoi

MACC exposes abuse, flaw in spending of allocations for certain projects in Sarawak

KUCHING: The Malaysian Anti-Corruption Commission (MACC) Sarawak has uncovered government projects in the state where up to 60 per cent of their funding were diverted elsewhere.This startling finding was revealed by MACC deputy chief commissioner (prevention) Datuk Zakaria Jaffar here yesterday, but he did not divulge the extent of such abuses.

“Based on the investigations the Sarawak MACC carried out on specific and real cases (projects), only about 40 per cent of the allocations were spent while the remaining 60 per cent is ‘bocor’ (leaked out),” he said.

He said this at a press conference after closing a corruption prevention seminar at a hotel here.

State MACC director Samsiah Abu Bakar and Chief Minister’s Department Human Resource Management Unit principal assistant director Malcolm Yong were among those present.

According to Zakaria, the investigations were carried out on some completed projects between 2002 and last year.

Without disclosing where the projects were and the number of projects investigated, he said they included roads, low-cost houses and mosques.

Zakaria pointed out that while some projects were poorly completed, there were others that never took-off although payment was made.

“When we talk about development projects in the state, there are many cases of fake claims, whether it involves the officers or the contractors,” Zakaria pointed out.

He also told reporters that there were instances whereby contractors got allocations from members of parliament (MPs) and assemblymen for the same projects.

He explained that a project might cost about RM15,000, but the contractor would bid for that amount from both the MP and the assemblyman, thus the contractor would earn 100 per cent profit.

He said the MACC from next year would conduct a seminar for contractors and also MPs and assemblymen.

He suggested that the Sarawak MACC hold such seminars with the state elected representatives, both MPs and assemblymen next year, on allocation for development projects.

Zakaria also urged the public to help MACC fight corruption, adding that the commission could not fight graft all alone.

He said MACC would embark on education to inform the public the importance of their role to help fight graft.

Samsiah, when asked at the press conference whether the state MACC was also investigating ‘high profile’ cases, replied: “Just wait.”

She also said the seminar with the elected representatives from the state would be held from next year.

Yong, meanwhile, pointed out that the state had received a clean bill of financial health from the auditor-general for seven consecutive years.

He said even though there were projects that did not meet the specifications and criteria, the overall picture of the state development projects, both federal and state projects, were completed satisfactorily.