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10 APRIL 2024

Thursday, December 23, 2010

Mr. Prime Minister: Purge The Rogue Elements In Our Government!

Purge The Rogue Elements In The Government!

The Rosli Dahlan’s case is over, so many of us will say – let’s move on? But the fact is that the case is not over. The DPPs have announced that the Prosecution will appeal. I am not sure whether the “Prosecution” refers to the Attorney- General, Tan Sri Gani Patail, or the MACC Chief Commissioner, Dato Seri Abu Kassim.

If that is the decision of the MACC, then it did not make sense that Tan Sri Robert Phang had announced some weeks back that Abu Kassim had wanted the charge against Rosli to be withdrawn but A-G Gani Patail disagreed. The A-G’s reluctance did not make sense because, in the end, the MACC’s reputation took a beating when Judge Abu Bakar Katar announced a 4-0 victory for Rosli. Two of the Judge’s findings were on principles of law and two were on findings of fact. That’s a really bad beating and the MACC earned a bad name because of the A-G. A proverbial black eye for the MACC after Gani Patail’s role in Anwar Ibrahim’s Black Eye incident!

If the decision to appeal was by A-G Gani Patail, it made worse sense. The immediate announcement by DPP Dzulqarnain that there will be an appeal suggested that the A-G’s decision to appeal against Rosli was made even before the verdict was pronounced. This means A-G Gani is vindictive and has a personal agenda to pursue against Rosli. This means the A-G is abusing the powers vested in him under Article 145(3) of the Federal Constitution.

I have also noted that while the mainstream media did report Rosli’s acquittal, not a mention was made of his Thank You speech which was more than just the normal thank you. I reproduce that speech again:

Alhamdulillah, Praise be to The Lord, The Compassionate, The Merciful.

By His Grace, justice is done today. It has been a long wait for me to seek self vindication – 3 long years to be exact. While some consider it as an irony of fate, I have no hesitation in saying that it is man’s doing that I was charged first before the principal suspect was charged. And that I am only acquitted long after the principal suspect had been acquitted.

For that, I apologise to my wife and children for putting them through this period of deep shame and disgrace, for which they have never complained but stood steadfastly by me. It was agonizing for my immediate and extended family that the mainstream media had portrayed me as a dishonest lawyer who had hid assets belonging to a crooked senior police officer.

Rosli apologises to his wife and children for putting them through this period of deep shame and disgrace, for which they have never complained but stood steadfastly by him

The mainstream media had been unfair to me by sensationalizing adverse unverified stories against me and then failing to report facts favorable to me. Their actions amounted to conspiratory conduct with, what I consider,rogue elements in the government. The mainstream media should realize that their survival depends on the credibility of the news they carry. Thus, they owe a duty for fair and accurate reporting and not to be a medium of propaganda for any agenda.

I thank the Learned Judge Tuan Abu Bakar Katar for delivering justice, as it should be, and in showing that the bench at the subordinate courts is anything but subordinate. Today’s decision affirms the assurance by the Chief Justice that the Judiciary is independent, and it should remain so.

I thank my counsels Dato’ C Vijaya Kumar, Dato’ K Kumaraendran and Mr Chetan Jethwani for so ably defending me and beyond that have become my confidante and my source of strength.

I thank my family, my close friends, the Mosque Committees of my neighborhood, the Ustazs and the Alims who continuously made doa’ for me that gave me much solace during these difficult times.

I thank the Partners of my law firm for their full confidence that gave me the courage and dignity to stand by what I believe to be the right thing for me to do as a professional and ethical practitioner. And I thank them for posting my bail.

I thank all the supporters of justice out there who had tirelessly brought forth to the public’s attention the injustice of the case made out against me. At some point I began to wonder if my case would be jeopardized because of the things that were written by the alternative media. But, since the intentions seemed sincere enough, I would like to acknowledge that.

On a personal level, I can now appreciate the public’s perception of oppressive laws where those vested with authority over us blatantly manipulate their powers to achieve a certain objective. I fully subscribe to the principles of civil liberties that we, as Malaysians, must remain vigilant against elements that can turn this country from one governed by the Rule of Law to one that is enslaved by the Rule by Law. ”

I have highlighted the strongest parts of Rosli’s speech which reflected my own thinking and purpose for reporting this matter. And let me be very clear, it is not about Rosli. It is about the principles of truth and justice and the lessons we must learn. Foremost is that we, as Malaysians, can no longer trust the guardians of our institutions. We can no longer trust men like Gani Patail and Kevin Morais, and many more like them who helm government institutions. Men who would dishonor their pledge of office. Men whose actions would be of discredit to the country and erode our fundamental liberties. Men who would bring us down the slippery slopes of a failed state.

Razak Baginda and Altantuya Murder Case

We have not forgotten that when Razak Baginda was acquitted in the Altantuya murder case, AG Gani Patail proudly announced that the prosecution would not appeal because that was a finding of fact by the Court. Why is the same logic not used now in Rosli’s case? Is that because in the Altuntya case A-G Gani was protecting someone close to the Prime Minister? In the end, whether fairly or unfairly, all kinds of speculations and allegations are hurled most unfairly at Prime Minister Najib Razak.

A-G Gani Patail: Who are you protecting part from yourself?

Who then is A-G Gani Patail protecting in trying to finish off Rosli? Is Gani Patail protecting himself because of the disclosure of his association with Tajudin Ramli’s proxy – Shahidan Shafie?

I am not the only one questioning A-G Gani Patail’s integrity. It is done by many others. I need to only echo the sentiments of Tan Sri Robert Phang, an MACC Adviser, who has demanded that A-G Gani Patail explain his Haj trip with Shahidan Shafie. Phang has demanded the MACC to investigate Gani Patail. Dare the MACC do that?

Mainstream Media extremely silent of A-G Patail’s Exploits

Why is the mainstream media in Semenanjung Malaysia extremely quiet about Gani Patail’s exploits? Are they afraid of him? Have they been gagged? Is their editorial so shackled? Or is this the conspiratory conduct of the mainstream media as alluded to in Rosli’s speech above.

For the benefit of readers of my Blog, I reproduce the front page headline of an influential newspaper in Borneo, Gani Patail’s own home state of Sabah-The Daily Express which carries on its masthead its mission statement“Independent National Newspaper Of East Malaysia Established since 1963” – a very proud statement indeed. While the Semenanjung media seem to cover at A-G Gani’s power, we must applaud our Sabahan brothers who value their independence. They are teaching us freedom of expression and freedom of the press in exposing these rogues.

As a Christmas present to all of us, in the spirit 1 Malaysia, I say to PM Najib – please Sir, purge the rogue elements in your government! Uphold the Rule of Law and Do what is right for our country and people. Happy Merry Christmas and Happy New Year.


INDEPENDENT NATIONAL NEWSPAPER OF EAST MALAYSIA
Established since 1963

MACC’s actions don’t go far enough: Panelist

Published on: Tuesday, December 21, 2010

Kuala Lumpur: The Malaysian Anti-Corruption Commission (MACC) must do more to convince the public it is serious about fighting corruption, said one of its Advisory Panel members, Tan Sri Robert Phang.

He said this was especially true when public skepticism is still abounds on why former Selangor Menteri Besar Dato Seri Khir Toyo was charged for a lesser crime under the Penal Code and not the more severe offence under the MACC Act.

Similarly, while he lauded the resolve by the MACC Chief Commissioner, Dato’ Seri Abu Kassim Mohamed, to act without fear or favour in the prosecution of Tun Ling Liong Sik in the PKFZ Scandal, he reminded the MACC there were other names mentioned in the PKFZ audit report.

Phang, who is also Chairman of Social Care Foundation, was delighted to know that MACC announced it would investigate the several billion ringgit losses MAS incurred under its former Chairman Tan Sri Tajuddin Ramli.

“It is also commendable that the Chairman of MACC’s Operation Evaluation Panel, Tan Sri Hadenan Abdul Jalil, has come out to dispel any public notion that MACC is reluctant to act on the case.

This will allay public scepticism that the MACC practises selective investigation, or is afraid to act against the big fishes.”

He also called on the Attorney-General, Tan Sri Gani Patail to clear his name over his association with a proxy of Tajuddin, during a recent Haj pilgrimage.

“The photographs and documents in the public domain seem very convincing.

The AG’s silence is fuelling suspicion. The AG must answer or the Government of PM Datuk Seri Najib Tun Razak will suffer.

There will be all kinds of speculations, especially with the recent Wikileaks revelations of confidential intelligence documents. I call on MACC to also investigate the truth or otherwise of these public disclosures.

Robert Phang said he raised these matters without any agenda.

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