Thursday, April 5, 2012

NAZRI TO MR. ATTORNEY-GENERAL,YOU LICK MY BACK AND I LICK YOURS A DAY OF SHAME FOR THE JUSTICE SYSTEM GANI PATAIL


[dive1.jpg]
Solicitor-General II Mohamed Yusof Zainal Abidin, who led the prosecution team, replied that it was the discretion of the Attorney-General, as the prosecutor, to charge any person under any section



Is this a classic case of you scratch my back and I scratch yours?


a strange phenomenon? A prosecutor is supposed to seek justice for the deceased victim’s family against the murderers, so how come the prosecutor is now ganging up with defense lawyers to oppose the victim’s family lawyer? Is this a case of prosecutor vs. defense or a case of prosecutor plus defense vs. victim’s family? Obviously, the prosecution and defense seem to have plenty of common interests. What are those common interests?


Tan Sri Abdul Gani Patail refused today to clarify whether his office would prosecute three anti-graft officers who allegedly drove Teoh Beng Hock to suicide.


The Attorney General only told reporters that "the case has been referred back to the MACC" after meeting Datuk Seri Nazri Aziz and Malaysian Anti-Corruption Commission investigations chief Datuk Mustafar Ali this evening.


"I only charge, not investigate. I don't want to argue with you," Gani (picture) said when asked about whether there was criminal wrongdoing by the graftbusters.


De facto Law Minister Nazri said in a written reply in Parliament to Serdang MP Teo Nie Ching yesterday that police were investigating the case and the Attorney General's Chambers was now studying investigation papers after a complaint lodged by Teoh's sister Lee Lan on October 28 last year.


But Teo, the DAP deputy publicity chief, told reporters this morning that the latest reply contradicted Nazri's March 29 reply to PKR's Gopeng MP Lee Boon Chye when he said "the AGC has found no criminal wrongdoing... no legal action will be taken against the three MACC officers."


The minister in the prime minister's department had said on October 24, 2011 that the AG was not pursuing legal action against the three MACC officers implicated in the DAP aide's 2009 death as no police report had been lodged and there was a lack of investigative evidence.


The Padang Rengas MP refused to comment on the matter earlier today, only sending a message through his aide for reporters to "clarify with the AG as his officer provided the response."


Teoh, political aide to Seri Kembangan assemblyman Ean Yong Hian Wah, was found dead on July 16, 2009 on the fifth-floor corridor of Selangor MACC’s office in Shah Alam after overnight questioning.


A coroner's inquest returned an "open verdict" ruling out both suicide and homicide, leading Datuk Seri Najib Razak to order a royal commission of inquiry (RCI) after public uproar.


The royal panel found that the three MACC investigating officers involved in the case used “continuous, aggressive and improper questioning tactics on TBH which had breached its existing standard operating procedures” and recommended that action be taken against them.


A previous RCI in 2007 probing allegations that appointments of judges were fixed also recommended action against senior lawyer Datuk VK Lingam, tycoon Tan Sri Vincent Tan, Umno secretary general Datuk Seri Tengku Adnan Tengku Mansor, former Chief Justices Tun Eusoff Chin and Tun Ahmad Fairuz Sheikh Abdul Halim as well as Tun Dr Mahathir Mohamad.


But Tan Sri Abdul Gani Patail, who has been AG since 2002, has not prosecuted any individual implicated in either RCI.


His failure do so, combined with allegations by former senior police officers that he fabricated evidence in high-profile cases such as Datuk Seri Anwar Ibrahim's "black eye" case in 1998, has led to calls that a Tribunal be set up to investigate the claims of misconduct


Minister in Prime Minister's Department Nazri Aziz has no business to interfere in MACC’s investigations. Do not hit below the belt of the officers as they do not have the recourse to rebut you – STOP BEING A BULLY.


The de facto law minister Datuk Seri Nazri Aziz has no business interfering in Malaysian Anti-Corruption Commission (MACC)’s investigations. Nazri is just a parliamentarian and a Minister in the Prime Minister’s Department in charge of Parliament’s administration and also to coordinate parliamentary affairs.


His job is to kick the butts in Parliament, not use political powers to bully MACC officials who have the courage to fight corruption. Nazri has no standing to tell MACC deputy chief Shukri Abdull how to run or manage anti-corruption cases and to belittle him as “weak”.


Is not MACC supposed to be independent?


Has Nazri forgotten that the MACC is, supposedly, independent? In fact, Shukri is “strong and brave” to expose Attorney-General (A-G) Tan Sri Gani Patail’s reluctance to prosecute the many MACC cases it investigated against those who hold high public office. Shukri should not be discouraged or intimidated by Nazri’s bullying ways. He should, instead, start investigating Nazri’s assets to determine whether his income can support his and his son’s lavish lifestyle.


Why is Nazri defending the attorney-general and attacking the MACC? Both are supposed to be independent. Well, if Shukri is weak, then the AG is most definitely lame if he requires Nazri to defend him.


Disgusting and disgraceful


This is again a classic example of interference by the executive in the affairs of the MACC. The attorney-general has been cited for corruption and breach of ethics umpteenth times and no one has dared act on him. How powerful can the AG be?


Nazri explained that corruption charges would cause great shame to the accused and therefore the A-G’s Chambers must act diligently, and charge the accused in court only if there is concrete evidence. Just like they did to ex-CCID (Commercial Crimes Investigation Department) chief Ramli Yusuff and his men?


Nazri’s attitude disgraces the Prime Minister’s office by using threats against senior civil servants who have the courage to act, especially against graft by those who hold high public office.


Nazri is also defending the alleged collusion between former Inspector-General of Police Tan Sri Musa Hassan and a serving A-G to victimise police officers and the apparent influence of an underworld figure in the promotions of police officers. It is definitely not Nazri’s business to chastise Shukri for lamenting that the A-G’s chambers had refused to charge graft suspects investigated by the commission.


Why is Nazri defending the A-G?


Malaysians are now asking whether Nazri is protecting the A-G’s chambers just because the A-G is under his portfolio or is it because of other reasons? 'Is Nazri protecting the attorney-general because the AG is under his portfolio, or is it because of other reasons?'


Why is Nazri defending the A-G and attacking the MACC? Both are supposed to be independent and is another classic example of interference by the executive into the affairs of the MACC.


The A-G has been cited for corruption and breach of ethics umpteenth times but no one has dared act on him. How powerful can the A-G be? The MACC should seize the opportunity to show Nazri’s its muscles by revealing all the high-profile cases referred to the A-G but not prosecuted.


Is Nazri returning A-G's favor for not prosecuting son?


To Malaysians, Shukri is a strong civil servant and Nazri is not only weak, he is clearly trying to use his political clout to serve his self-serving agenda.


When the government is a questionable government, as amplified by the National Feedlot Corporation’s Cowgate Scandal, where corruption is rampant and the trading of favours and protectionism are prevalent, Nazri should know better than to make a fool of himself and his high office. It only exposes your sheer arrogance as well as being above the law since you call yourself law minister.


All should note that Shukri is a 27-year professional corruption-buster and he is competent to know what he is saying or doing. We know the truth hurts but Nazri must be reminded that sweeping the criminal wrongdoing under the carpet has been protracted and the stench is unbearable.


Instead of dispensing justice, Nazri suppresses and twists cases, avoiding to address the public-interest issues that short change law-abiding tax-paying Malaysians.


The A-G’s Chambers did not prosecute Nazri’'s son for allegedly assaulting a security guard. Is t is Nazri’s turn to return the favour?


Is this a classic case of you scratch my back and I scratch yours?
Manipulation
That this murder case has been subjected to serious political manipulation has been obvious from the very start, when the police commenced their highly questionable investigation, right through to the present trial when the conduct of lawyers for both sides appear increasingly dubious. Instead of the prosecutor seeking the truth and the defense lawyer fighting for the accused, both seem preoccupied with an overriding mission – to prevent the whole truth from emerging. Their combined efforts to cover up the issue of the immigration record and the identity of Najib Razak in the picture are just two examples of such conduct.
The highly irregular nature of this case was also marked by frequent and mysterious changes of legal personnel, resulting in a complete changeover of the defense team, the prosecutors and the judge even before the hearings began. These weird phenomena were crowned by the shock appearance of a new team of prosecutors who were appointed only hours before the hearing was supposed to begin, thus necessitating an impromptu postponement of the trial for two weeks. None of these changes of legal personnel has been properly explained, except for the resignation of Abdul Razak’s first lawyer; Zulkifli Noordin, quit, he said, because of “serious interference by third parties”.
Under these circumstances, the public must brace itself for more aberrant scenarios from this court, while Najib and his supporters may have to keep their fingers crossed in the days ahead when many more witnesses have yet to walk through what must appear to Najib as a minefield.
On a more serious note, this unseemly trial does not exactly add credit to Malaysia’s system, whose already wretched image has just been further mauled by the shameful finale of another sham trial – that of Eric Chia of Perwaja Steel fame. After seven long years of investigations and three years of court hearings, that case was thrown out due to lack of prima facie evidence. With that, the long-drawn out Perwaja Steel saga ended without finding any culprit for the mountain of losses (more than RM 10 billion) suffered by taxpayers.
There has been a spate of criminal cases being dismissed of late due to inadequate investigations and poor prosecution, indicating that the downward slide of our criminal justice system, which began in the Mahathir era, has gotten worse under Abdullah Badawi’s leadership. With the criminal justice system in a shambles, the rule of law is in jeopardy. And that is an important benchmark to judge the efficacy of Abdullah’s administration vis-à-vis his reform agenda.
Kim Quek is a Malaysia-based commentator

No comments: