by Din Merican
On September 23, the MACC Director of Prosecution, Dato Abdul Razak Musa appeared in the KL High Court No. 2 before Judge Dato Hj Ghazali Bin Hj Cha.
You may recall that Dato Abdul Razak is the top notch MACC lawyer who appeared on behalf of A-G Gani Patail, as the Public Prosecutor, who had lodged and lost several appeals against the acquittals granted by various Courts to Dato’ Ramli.
This Dato’ Musa(left) gained fame on Youtube as the MACC lawyer who tried to strangulate himself in order to demonstrate how Teoh Beng Hock could have died of self-strangulation when he was challenged by Thai Forensic expert, Dr Pornthip Rojanasunand, during the TBH Inquest. After that slapstick comedy in court, the MACC got wiser and engaged the much respected and extremely competent Dato Seri Shafie Abdullah to represent the MACC during the TBH RCI.
The MACC’s appeal that Razak Musa appeared for on September 23 is against the acquittal granted by Sessions Judge M Gunalan on March 2, 2010. However, on this occasion, Razak was a bit more respectful because Dato’ Ramli was represented by Dato Seri Shafie Abdullah, his nemesis in the TBH saga.
The MACC’s appeal that Razak Musa appeared for this morning is against the acquittal granted by Sessions Judge M Gunalan on 12 March 2010. However, on this occasion, Razak was a bit more respectful because Dato’ Ramli was represented by Dato Seri Shafie Abdullah, his nemesis in the TBH saga.
The saying – “once a fool always a fool” is so apt on Razak Musa. In attempting to make a most passionate appeal on behalf of the PP, AG Gani Patail, Razak put on his most pathetic appearance when it became clear that the PP’s appeal is a lot of hogwash.
The High Court Judge Dato Ghazali Cha noted that Sessions Judge M Gunalan had written a comprehensive and exhaustive judgment which showed that MACC DPP Kevin Morais had relied on a very questionable statement from a known criminal, self confessed briber, murderer, pimp and everything else that an underworld kingpin can be, called Moo Sai Chin.
In doing so, Kevin successfully brought down Dato Ramli Yusuff (pictured right with his wife Dato’ Anita Haron), at that time one of the top five most senior police officers, who could have been the IGP today.
To observers who have been following Dato Ramli’s trial, it is all very clear that IGP Musa Hassan and A-G Gani Patail had used the MACC as a tool in the conspiracy against and persecution of Dato Ramli Yusuff. Yet, there are so many allegations of selective prosecution by the MACC at the behest of A-G Gani Patail.
The image of the MACC is at its worst. Just yesterday, the MACC admitted that three of their senior officers including an Assistant Commssioner were arrested for extorting US300,000 from money changers at KLIA. The image of AG Gani Patail is no better. He has been accused of taking bribes from a former shareholder of Ho Hup Bhd to help out in a corporate tussle.
The most significant part of Razak’s advocacy in court on September 23 was his attempt at “plea bargaining”. Razak pleaded to Judge Dato Ghazali Cha that the MACC had made 3 charges against Dato Ramli. He then bargained that even if the third charge was bad in law, there were still two charges. And, even if the 2nd charge was flawed, there was still one charge.
In a most farcical plea, Razak begged Dato Ghazali to have pity on MACC and not dismiss that one last charge, otherwise the MACC would “lose face”. It was amusing for those in court to see the MACC begging to be saved from disgrace by asking that Dato’ Ramli should be made to answer at least to one charge.
As if to absolve himself from blame for this fixed-up charge, Razak then said that he was merely discharging his duty as DPP and Director of Prosecution in the decision to prosecute Dato Ramli. This was shameful coming from the top lawyer of the MACC. He was indirectly admitting that the DPPs in the MACC are just rubberstamps and reluctant performers to the directions of the puppet masters.
No wonder the MACC lose all their cases. It is no big surprise that the MACC needed to force suspects to make admission like what happened in Teoh Beng Hock’s and Ahmad Sarbaini’s case, even if that would cause their deaths .
Anyway, Judge Dato Ghazali has now fixed the case for decision on October 21, 2011. I hope that the case would have a good ending for Dato Ramli and that he would be vindicated. I believe the good judge can see Razak’s “plea bargaining” as a pathetic attempt to bolster the MACC’s image. It was sheer buffoonery.