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

Alleged Misconduct of Attorney-General and former Inspector General of Police must be investigated

by Hafiz Yatim (03-20-12) @www.malaysiakini.com

Allegations of misconduct by Attorney-General Abdul Gani Patail and former Police Chief Musa Hassan should be probed because these ‘affect the integrity of agencies meting out justice’.

The least the government can do is form a parliamentary select committee to investigate the allegations, PKR Youth chief Shamsul Iskandar Mohd Akin told Malaysiakini. “We’ve seen the government being bold in charging (those) involved in the National Feedlot Corporation and by forming a parliamentary select committee,” said Shamsul Iskandar (right), who is a lawyer.

“I call on (Premier) Najib (Abdul Razak) to compel a probe of agencies implementing justice, including the allegations that Abdul Gani, Musa and the Anti-Corruption Agency having been used to fix people up.”

“How can the public trust them if such allegations remain unanswered? The question also remains whether Najib is committed to reform.”

Shamsul Iskandar said he is puzzled as to why the government has shot down the call for a tribunal to probe allegations by former Commercial Crime Investigation Department Director Ramli Yusuff and former Kuala Lumpur CID chief Mat Zain Ibrahim against Abdul Gani and Musa.

Ramli (left) and Mat Zain have said they are willing to testify before a tribunal against the duo, while serving police officers are also willing to come forward.

Malaysiakini has twice tweeted Home Minister Hishammuddin Hussein since Saturday for a response, but there has been no reply.

Text-messages to Abdul Gani and an email to the public relations office of the Attorney-General’s Chambers have similarly gone unanswered to date.

Last Monday, Hishammuddin had asked for evidence of the alleged wrongdoing. When this was provided, he said there was “no need” for fresh investigation into the matter.

Remove the A-G and Reform

by Din Merican

GE 13 is just around the corner. Everyone can feel it. If not, why would PM Najib Tun Razak go around the country making apologies for the past sins of Barisan Nasional. Why would he scrap the Public Service New Remuneration Scheme (SBPA) which had caused much anger to most civil servants except those who would benefit from it like the mediocre Ketua Setiausaha Negara (KSN-Chief Secretary) Tan Sri Sidek Hassan who mooted that stupid scheme.

It is worrisome that the “UMNO Culture” to reap personal benefits has permeated into the once respected Malaysian Civil Service in such brazen manner that top civil servants would dare to create compensation schemes to benefit themselves instead of the lowly paid civil servants who they are supposed to care for.

Fortunately, Prime Minister Najib has now seen the light and scrapped the SBPA. Unfortunately, the Prime Minister did so only after this issue had been strongly highlighted for months by the Opposition. Sidek Hassan’s contract of service should be immediately terminated for making the government look so bad in this flip-flop policy. He must be held fully accountable for this guff.

GE 13 is also the reason why Shahrizat Jalil had to finally step down as Minister. But it is laughable that Wanita UMNO should hail that as her noble act of being a “sacrifical cow’’ over the NFC scandal. It is ridiculous that the rest of the UMNO top leadership should try to make her resignation look like a heroic act to the extent that yesterday TV3 carried interviews showing support for her.

Let’s get our facts right. Shahrizat’s ministerial post depended on her term as a Senator. She was made a senator because she had lost in GE12 in 2008. So, the then PM, Abdullah Badawi, smuggled her into the Senate (Dewan Negara) in order to make her qualify to be a minister. That explained her smugness in shrugging off the NFC scandal as nothing to do with her despite the fact that the shareholders and directors are her children and husband. She must have felt that she owed her office not to the electorate but solely to the Prime Minister. That is what happens when you cheat in elections and appoint losers as cabinet ministers when they feel they are not accountable to the electorate.

The truth is now revealed. Shahrizat’s "resignation" on Sunday (March 11) is to avoid the embarrassment of her from being seen walking hand in hand along the court corridors with her husband, the NFC Executive Chairman Datuk Seri Dr Mohd Salleh Ismail (right), who was charged in court yesterday for Criminal Breach of Trust (CBT) and other offences.

It would be embarrassing for her, as a sitting minister, and for UMNO which had defended her and the NFC Board. They had previously blasted the Director CCID Dato Wira Syed Ismail Syed Azizan for going public to say that the Police had already recommended that the NFC Directors be charged but the decision to prosecute is the prerogative of A-G Gani Patail.

"UMNO Culture" of Arrogance

That “UMNO Culture” of arrogance can be seen repeatedly in the examples of Dr. Awang Adek (left) and Azalina Othman who shamelessly admitted that they had received money, not less than RM300,000- in their private accounts, but made it look as if it was for a noble cause.

It is repulsive that the MACC can accept such explanations without doing anything, whereas Teoh Beng Hock and Ahmad Sarbaini were detained, subjected to intense interrogation and subsequently died in the hands of the MACC over mere allegations of petty change. In the case of Ahmad Sarbaini and others, their assets were frozen pending investigations. Are the assets of Shahrizat’s family, Awang Adek’s and Azalina’s frozen pending investigations? What is apparent to the public is that when UMNO strongmen and strong women openly admit receiving bribes and justify their acts of gratification, the MACC seems powerless to act.

Gratification Culture ala UMNO

The “UMNO Culture” of gratification can be seen in the Kidex RM2.2 billion project awarded to Emrail Sdn Bhd and Zabima Engineering Sdn Bhd, two companies owned by UMNO lawyer Hafarizam Harun(right) and UMNO former Chief Justice Zaki Azmi, as a reward for their efforts to oust the Pakatan Rakyat state government in Perak.

GE 13 is very near when you see Tun Ling Liong Sik’s defence being called in the trial over the PKFZ scandal. That is a lesson they learned from the Altantuya’s murder by C4 case when they released Razak Baginda without calling for his defence whereas it was Razak who hired the Police UTK boys to help him out of that problem. In the end, Razak is a free man enjoying himself in London from the Scorpene submarine multi-million ringgit commission while the UTK boys are in prison on death row. Sadly, that is the Malaysian story where the big and powerful go scot free and the small people become scapegoats and are left to pick the pieces.

The Fate of DSP Baharin, DSP Hong et.al

That was also the fate suffered by DSP Baharin, DSP Hong and those other policemen who were victimised in 2007. For 4 long years they had to suffer being suspended from work and ostracised by the Police Force that they had loyally served. Thus, I was very happy when Dato Ramli Yusuff paid tribute to these fearless rank and file officers during his 60th Birthday on February 29, 2012.

Many friends asked me why I was not there at that birthday celebration. I told them that I do not mix socially with Dato Ramli even though I may have made him the cause celebre’ of my writings. I have been writing about Dato Ramli and his lawyer Rosli Dahlan, not because they are my friends but because they have become a just cause for us to fight for.

A Witness to MACC's manipulation of facts

I did not know them when I first started writing about their cases. I came to know them when I attended the many court sessions and saw how the MACC manipulated facts and the MACC DPPs like Kevin Morais, Zulqarnain and even its Director of Prosecution Razak Musa (infamous for strangulating himself in the Teoh Beng Hock Inquest) aided and abetted such manipulations especially when Kevin the Faggot lied in court while giving evidence under solemn oath to tell the truth, nothing but the whole truth.

So, when Dato Ramli called to invite me to his birthday, I told him that he need not invite me just out of gratitude and that we need not socialise or be seen together just because he feels somewhat indebted to me. What happened to him and Rosli Dahlan could happen to anyone of us. Thus, I have to tell their story so that it will never be repeated. It is to prevent this country from descending into a failed state.

It was brave of Dato ' Ramli to finally break his 4 years of silence to expose what happened to him, Rosli Dahlan and the other innocent Policemen. And all these point to the abuses of the people helming PDRM, the MACC and the post of the A-G.

In that sense, I agree with Raja Petra Kamaruddin (RPK) that there is no point in making new or additional laws, rules and regulations for better governance if the people we appoint to lead such institutions are unworthy of our trust. What we need to wipe off is the “UMNO Culture” which is not exclusive to UMNO or BN. That culture could also develop in the Pakatan Rakyat government and we, the people, whose votes can put the right people into power, must guard against such abuses.

That brings me to the public revelation made by Dato Ramli (posted by Hafiz Yatim of Malayskini reproduced below) of the abuses of power and of the system by the then IGP Musa Hassan, the MACC and AG Gani Patail to fix Dato Ramli and the other innocent officers. Click: Hafiz Yatim 's Article

With Musa Hassan’s retirement, the new leadership of Tan Sri Ismail Omar has managed the crime index to show great improvement; street crimes are reduced; and the Along menace has subsided. There is also a display of independence by the Police when the current Director CCID Dato Wira Syed Ismail Syed Azizan went public about the Police recommendation to charge the NFC Directors.

Syed Ismail was for many years Dato Ramli’s direct subordinate and had learned well from the misfortune that befell Dato Ramli by making his recommendation public. In a way, Syed Ismail checkmated A-G Gani Patail from manipulating the NFC case the way he did with the MAS case.

Readers will remember that in March 2007, Dato Ramli had made a confidential recommendation to then Prime Minister (Tun) Abdullah Badawi that MAS Chairman, Tajuddin Ramli, should be charged. Dato Ramli even suggested that if A-G Gani Patail declined to do so, his CCID prosecution officers are legally qualified to prosecute the case.

This confidential report had angered A-G Gani Patail, but it was also a time bomb for UMNO. That was when A-G Gani Patail refused to prepare affidavits for the CCID leading to the release of the underworld figure, Goh Cheng Poh @ Tengku Goh, and instead charged the rank and file Policemen.

A-G Gani and Musa Hassan also conspired with the MACC, headed then by Ahmad Said Hamdan, to fix up Dato Ramli by false investigations and leaked to the Ppress to make up a story about the “RM 27 Million Cop”. This RM 27 million story immediately fizzled out once Dato Ramli was charged because all these were just fabrications and lies. I have previously written extensively on that and will not repeat the story again.

The point is that if Dato Ramli’s recommendation on the MAS-Tajuddin Ramli scandal had been made public like how Dato Syed Ismail makes public his recommendations on the NFC scandal, there would be little room for A-G Gani Patail to manipulate the case. In any event, Dato Ramli’s victimisation arising from the MAS scandal was just another of UMNO’s project as is evidenced now by the settlement ordered by de facto Minister Dato Seri Nazri Aziz in his letter dated August 8, 2011 that all the GLCs should settle their cases with Tajuddin.

Abu Kassim and the MACC

The MACC is now headed by Dato Seri Abu Kassim. Despite all my criticisms of the MACC, I am told that he is a decent man. Malaysians should be prepared to give Abu Kassim a chance to reform the MACC. If he can do what Ismail Omar is now achieving with the PDRM, then there is still some hope left for the MACC because I am told there is a covert move to oust Abu Kassim. Obviously, some one there is hungry to succeed Abu Kassim. It would be unfortunate if Abu Kassim’s ousting leads to the resurrection of the “Unholy Trinity” where the PDRM and the MACC merely follow orders from A-G Gani Patail.

As for A-G Gani Patail, I am astounded that the Home Minister Dato Seri Hishammuddin Hussein Onn has demanded for evidence of A-G Gani Patail’s abuses. There is already so much evidence in the public domain. In RPK’s most recent postings “ Reality & Fallacy” and “ Denial Syndrome”, there is posted a Statutory Declaration (SD) of Musa Hassan’s former ADC and referred to nine other SDs. It is pathetic that Hishamuddin should answer in that evasive way. As the Home Minister, he has at his disposal the extensive resources of the whole Police force, especially the Special Branch.

We, Malaysians, do not need to teach the Home Minister how to do his job or how to obtain intelligence. In any event, let me help the Home Minister by reproducing below just two links, photographs and documents that had been previously written of the abuses and suspicious dealings of A-G Gani Patail:

a) A-G Gani Patail’s Haj trip with Shahidan Shafie –A-G Gani's Haj Trip with Shahidan Shafie Why is AG Gani Patail consorting with Tajuddin Ramli’s proxy? Is that why the A-G Chambers refused to take action against Tajuddin despite the recommendations by CCID? and

b) A-G Gani Patail’s involvement in the Ho Hup corporate tussle -Gani Patail and the Ho Hup Connection

Are these not suspicious conduct on the part of A-G Gani Patail that makes him unfit for that august office? Let the Home Minister answer that question.

As for Prime Minister Najib, there is no point to just apologise. The Prime Minister talks about goood governance. Now is the time to show real political will. Now is the time to remove A-G Gani Patail and reform!