On Selective Prosecution and MSM’s Selective Reporting and Spin

Of Selective Prosecution by A-G Gani Patail and Selective Reporting and Spin by Mainstream Media (MSM)

by Din Merican

On Tuesday November 30, Tan Sri Robert Phang Miow Sin, a member of the Consultation and Corruption Prevention Panel of the Malaysian Anti-Corruption Commission (MACC) gave a press conference and accused the Attorney-General (AG) Gani Patail of selective prosecution.

Victimisation of Lawyer Rosli Dahlan

Phang mentioned several cases including that of Lawyer Rosli Dahlan. Phang said that Rosli was victimised because he pursued actions against the former Chairman of Malaysia Airlines, Tan Sri Tajudin Ramli. Instead of charging Tajudin, AG Gani charged Rosli for defending Police Director Dato‘ Ramli Yusuff whom AG Gani and former IGP Musa Hassan wanted to eliminate from the PDRM.

Instead of charging Tajuddin Ramli, AG Patail charged Rosli Dahlan

MACC wanted to Case against Rosli Dahlan withdrawn, but A-G says “NO”

Now that Dato’Ramli has been acquitted, Phang revealed that the Chief Commissioner of the MACC, Dato’ Sri Abu Kassim Mohamed, had informed him that the MACC wanted the case against Rosli to be withdrawn. However, AG Gani Patail disagreed, just to punish Rosli and to teach him a lesson for challenging the AG. Thus the case against Rosli is still hanging over his head. So, Tajudin remains a free wealthy man while Rosli’s career and reputation are in tatters.

Shahidan, an ex-police officer, was previously charged for taking bribes when he was the OC Secrets Societies in Johore. And yet today he is the best of friends with the AG Gani Patail.

But what irked Phang most was the fact that AG Gani Patail is openly consorting with a proxy of Tajudin Ramli named Shahidan Shafie. Shahidan, an ex-police officer, was previously charged for taking bribes when he was the OC Secrets Societies in Johore. And yet today he is the best of friends with the AG Gani Patail.

Tajuddin remains a free wealthy man while Rosli's career and reputation are in tatters.

It irked Phang that AG Gani and Shahidan are committing sacrilege by performing the Haj together. It irked Phang that people like AG Gani Patail and Shahidan would treat God’s house in Mecca with such impunity. It mattered little to Phang that Muslims are often seen as repenting after commiting the worst sins on the face of this earth. To Phang, that is hypocrisy of the highest order. To Phang, that is defiling God, by whatever name in whatever faith. To Phang it is the height of arrogance when people in power shamelessly do wrong openly because they feel they have absolute power and absolute immunity.

AG Gani and Shahidan are committing sacrilege by performing the Haj together---Rare Hajj pictures in National Geographic Magazine in 1953

Article 145 (3) of the Federal Consitution

That is how AG Gani Patail treated his powers under Article 145(3) of the Federal Constitution, as if he had absolute unquestionable discretion to institute, conduct or discontinue any criminal proceedings against anyone he wishes. That is how AG Gani decide when he wants to charge someone innocent whom he dislikes and not to charge someone crooked whom he likes. That is why the likes of Khir Toyo and Tajudin Ramli remain free while people of impeccable character like Dato‘ Mirza Thaiyab, the former Director-General of Tourism, and Lawyer Rosli Dahlan gets charged. That is what selective prosecution is about. That is what power does to a person. As said by Lord Acton- “Power corrupts, absolute power corrupts absolutely“.

To put it in RPK’s words, AG Gani and Shahidan were “Taking the Good Lord for a ride”, because they thought they could buy God’s redemption by paying RM66,900/- per person for a premium Haj repentance package. To them paying more than RM200,000/- for three members of the AG’s family’s to atone for his sins is not too expensive.

The Tabung Haji staff who leaked this to RPK must have been so revolted that he felt it was alright to expose this sacrilege and abuse by the AG and Shahidan of God’s merciful qualities. Indeed, this revelation adds a different dimension to the allegations of selective prosecution that Phang had outlined. It shed some light why Tajudin has not to date been prosecuted.

The Mainstream Media: A Disservice to the Malaysian Public

But let’s go further than that. Let‘s ask ourself – why did this happen? How could this happen so openly? How could AG Gani be so arrogant?

People like Gani Patail can go scot free with arrogance

It could happen because the main stream media (MSM) chose to remain quiet about it. The MSM chose to black out news about AG Gani Patail’s shenanigans. The MSM breached their oath for accurate and fair reporting. The MSM conspired to keep this a secret from the public. Did you notice that after RPK exposed AG Gani Patail’s Haj scandal on November 24, not one of the MSM reported about it? Things went absolutely quiet, as if there was a media embargo.

The MSM breached their oath for accurate and fair reporting. The MSM conspired to keep this a secret from the public.

What we are now seeing is a public spat between Robert Phang and Nazri Aziz. I don‘t know Phang very well but he is about my age. He has now earned my respect for speaking out and calling a spade a spade. Phang is absolutely right in saying that A-G Gani Patail’s relationship with Shahidan Shafie breeds more than just suspicion. The public is curious if A-G Gani Patail has compromised his position by his relationship with Shahidan. Phang has identified section 16(B) and section 23 of the MACC Act to imply that AG Gani has committed an offence.

Under section 16(B) and section 23 of the MACC Act to imply that AG Gani has committed an offence.

MACC’s Image and Integrity

Thus all that Dato’ Abu Kassim has to do if he wants to restore MACC’s image and integrity, is to seize this opportunity to show that the MACC will act without fear or favour. In case it is still unclear, this is what Abu Kassim must do as a very basic investigation technique:

a) send his men to seize Tabung Haji’s documents on booking arrangements and who, how payment was made for the A-G’s Haj package;

b) obtain a list of all the people who were on the same package and flight, interview all of them who can testify A-G and Shahidan’s closeness;

c) seize all photographs, itinerary and room allocations to ascertain that they indeed traveled like a family;

d) serve on AG Gani and Shahidan a notice to produce all documents on the trip;

e) serve a notice on AG Gani to prove his source of payment for this RM200,000/- Zamrud package;

f) serve a notice on AG Gani, his wife, son and relatives including his brother, Judge Wahab Patail, to declare their assets within and outside the country and how the assets were acquired;

g) serve a notice on Shahidan, his wife, son and relatives to declare all their assets and how these assets were acquired whether within or outside the country;

h) serve a notice to AG Gani and Shahidan to explain the nature of their relationship;

i) freeze AG Gani’s and Shahidan’s bank accounts and all assets to prevent destruction of evidence and dissipation of these assets;

j) in the meantime, suspend AG Gani and his son from their post as the government’s lawyers.

BE SERIOUS MACC !!!!!!

The above standard`operating procedure (SOP) should be applied on AG Gani Patail in the same way that he had applied it to all other people under investigation. When Abu Kassim does this, then only will the people believe that he is serious about combating corruption.

Most IT savvy Malaysians believe that the MSM is practicing selective reporting!

Only then will Malaysians believe that there is no selective investigation or selective prosecution. When the MSM reports on the AG no differently from other suspects, then only will Malaysians believe that the MSM is not practicing selective reporting!