Tuesday, August 16, 2016

Steven Thiru Enforce rule of law to end menace of money laundering activities

Image result for Riza Shahriz Abdul Aziz,

 Steven Thiru
In Malaysia however, 1MDB was only accused of failure to comply with Bank Negara directives on offshore investments and weaknesses, and mismanagement by its board of directors and company officers.Najib was also cleared by attorney-general Mohamad Apandi Ali over billions in donations deposited into his personal account, which was explained as a gift from a Saudi prince with no strings attached.the DOJ filed asset forfeiture suits against assets it claimed were bought from monies stolen from 1MDB. This is in addition to financial authorities in several other countries investigating 1MDB for alleged money laundering."In particular, the charges established that US$731 million was deposited into the personal bank account of a 'Malaysian Official One' (MO1) between 2011 and 2013.

Bank Negara re-opens investigations into possible money laundering activities linked to 1MDB, its credibility as well as that of its new governor is at stak
Muhammad seem like he has failed to restore the integrity and protect the sanctity of Malaysia's financial system from money laundering activities,
that the United States Department of Justice (DOJ) has already claimed that company officers and Malaysian officials have colluded to scam and launder more than US$3.5 billion from the company.Najib, who was 1MDB advisory board chairperson, from whom clearance for all company decisions was needed, has denied wrongdoing, or taking money for personal gain, and claimed ignorance of any impropriety in the company.

that the Anti-Money Laundering and Anti-Terrorism Financing (Amendment) Act 2013 (Amlatfa) states that any person is deemed to have committed an offence if he or she “acquires, receives, possesses, disguises, transfers, converts, exchanges, carries, disposes of, or uses proceeds of an unlawful activity” or “removes from or brings into Malaysia, proceeds of an unlawful activity”.

Unacceptable behaviour in any society, more so in a democratic society defined by the rule of law.
The decay in our system is increasing,one person’s sentiment being strong enough to over-ride the rule of law must be quickly and firmly dispelled.Failure to act firmly and swiftly with such self-styled law breakers signifies a governance deficit and will have dangerous consequences if such groups are not stamped out now.

Failure to give primacy to law is sign of a failing attorney-general office   and dangerous for Malaysia
Failure to act firmly and swiftly with such self-styled law breakers signifies a governance deficit and will have dangerous consequences if such groups are not stamped out now.
 clarion call to put an end to such crimes. While most commentators have so far focused on the political fallout of such incidents, the real question is of re-establishing the supremacy of law in the country. Upholding of basic law and order cannot be kept hostage to the colours of a state government’s political dispensation.

The Malaysian Bar is deeply disturbed by the grim disclosures contained in the complaint filed by the United States Department of Justice (“DOJ”)[1] “to forfeit assets involved in and traceable to an international conspiracy to launder money misappropriated from 1Malaysia Development Berhad (“1MDB”)…”[2]  The DOJ has made serious allegations of siphoning or diversion of funds, fraud, and the misuse of the banking system for illegal activities, by the individuals and entities named in the complaint.

Various persons have in the past weeks sought to interpret the DOJ’s 136-page complaint.  It is appalling that some have deliberately set out to distort the proceedings, and have attempted to create confusion, ostensibly to protect­ wrongdoers.  In the interest of upholding the rule of law and the cause of justice, the thrust, purpose and ramifications of the DOJ proceedings must be appreciated.

The legal proceeding commenced by the DOJ seeking the forfeiture of assets — including rights to profits, moveable assets and real property — constitute a civil action.  These assets, located primarily, but not exclusively, in the United States, are alleged to be proceeds from criminal conduct.  The DOJ maintains that this is the largest single asset seizure action ever brought under its Kleptocracy Asset Recovery Initiative.[3]

The DOJ’s court document states that the assets to be forfeited represent “a portion of the proceeds of over [US]$3.5 billion misappropriated from 1MDB.”[4]  It has been reported that the United States authorities intend “to recover more than [US]$1 billion that was laundered through the United States and traceable to the conspiracy.”[5]  In this regard, it would appear from the court document that the United States authorities possess comprehensive knowledge of the movement of the alleged misappropriated funds, have sighted relevant documentary evidence, and even reviewed telephone conversations.  The substance, depth and reach of the allegations are compelling, and should not be ignored.  The affected parties will have the opportunity to challenge the DOJ’s action in court, hence the process is transparent and adheres to the principles of natural justice.

The complaint made by the DOJ does not preclude criminal action, as the forfeiture is but a first step to prevent dissipation of the specified assets.  The act of money laundering, and involvement in a conspiracy to do so, are criminal offences.  Thus, upon forfeiture of the assets, it is likely that there would be criminal proceedings to prosecute those responsible for the alleged misappropriation of 1MDB funds and the laundering of those funds in the United States and elsewhere.

Such proceedings in the United States should not surprise our law enforcement agencies or officers.  There are similar provisions in our law for the freezing or forfeiture of assets in Malaysia that are connected with money laundering activities or are the proceeds of crime, whether or not any individuals are prosecuted.[6]  These have often subsequently led to the prosecution of individuals.  The laws in Malaysia also allow for criminal proceedings against individuals for alleged money laundering activities, even if those activities occur outside Malaysia.[7]

It is noteworthy that the Malaysian Anti-Corruption Commission has issued a statement confirming that it cooperated with the United States Federal Bureau of Investigation in the latter’s investigations.[8]  In international efforts to stop money laundering and curb corruption, many countries — including Malaysia — have passed laws that allow for “universal jurisdiction” in respect of money laundering activities or corrupt practices.  Such legal actions cannot in any way be categorised as attempts to interfere in the domestic affairs of a sovereign state.

The principal aim of international crime prevention and anti-corruption treaties such as the United Nations Convention against Corruption, which Malaysia ratified in 2008, is to specifically provide for the prosecution of those involved in international or transnational criminal activities.  No country that is a signatory to such treaties or conventions should attempt to hide or shield such persons, or permit such persons to evade or avoid prosecution, or to block access to evidence or information.

It is untenable to hold that the DOJ document does not show that money has been misappropriated from 1MDB.[9]  The allegations of financial improprieties concerning 1MDB funds — described as having been “stolen, laundered through American financial institutions and used to enrich a few officials and their associates”[10] — are referred to in no fewer than 193 paragraphs in the document.

Further, it has been reported that 1MDB is being investigated for alleged financial irregularities and possible money laundering in at least nine countries: Australia, Hong Kong, Luxembourg, Singapore, Switzerland, Thailand, United Arab Emirates, United Kingdom and United States of America.[11]  It is significant that immediately after the DOJ announced its action, Singaporean authorities declared that they have seized bank accounts and properties amounting to S$240 million in total, as a result of their own investigations into the flows of 1MDB-related funds through Singapore, which began in March 2015 and are still in progress.[12]

There are parties who have stated that 1MDB has not suffered any losses but only “has debts”.[13]  This is a perverse and unsustainable position, given that the PAC report reportedly named members of 1MDB’s senior management that it said should face a criminal investigation,[14]  and that five of the twelve members of the PAC have reportedly stated that the PAC’s report shows that a total of US$7 billion have flowed out from 1MDB and were unaccounted for.[15]

Several individuals have been specifically named in the DOJ’s court document, but not the Prime Minister.  However, this is not to say that he cannot be identified from the descriptive statements contained in the court document.[16]  The conclusion — based on any clear reading of those descriptive statements — that the person named as “MALAYSIAN OFFICIAL 1” in the court document is the Prime Minister appears irresistible.

The court document contains many other troubling disclosures.  It is alleged that in March 2013, USD681 million was transferred to a bank account belonging to “MALAYSIAN OFFICIAL 1”,[17] and that this sum emanated from a 1MDB bond sale.  This allegation contradicts statements by our authorities that the funds were a “personal donation” to the Prime Minister from the Saudi royal family, given to him without any consideration.[18]

In addition, the court document also alleges that USD20 million and a further USD30 million traceable to 1MDB funds, were transferred to the same personal bank account owned by “MALAYSIAN OFFICIAL 1” in 2011 and 2012, respectively.[19]  It would appear that the transfer of these funds had not been previously uncovered or disclosed by any of our enforcement agencies.  These allegations therefore expose deficiencies and flaws in the investigations that have been conducted so far in Malaysia, and a lack of transparency regarding the findings that such investigations have yielded.

While the DOJ’s proceedings and any other possible related proceedings in the United States of America must be allowed to take their course and not be prejudged, a fresh and comprehensive investigation of all persons directly or indirectly implicated in the allegations made by the DOJ must be pursued.  These allegations must not be ignored or permitted to be swept under the carpet, as that would only fuel the already existing perception of a cover-up.  In this regard, the recent statement by the PAC, in the wake of the DOJ proceedings, that any further investigation into 1MDB is unnecessary, is deeply disconcerting.

There is a palpable need for greater fervour, transparency and accountability in the investigation by our enforcement authorities, and for appropriate and concrete action to be taken against all wrongdoers, without delay.  The truth must be revealed and justice must be done.


Malaysia’s new national destiny - to become a Nation of global kleptocracy?

Image result for US Department of Justice and Malaysia's scandal of scandals

US Department of Justice  and Malaysia's scandal of scandals
Malaysia is once again in the midst of a serious political scandal, with the allegation that the government-run investment company 1Malaysia Development Berhad (1MDB) has been used to funnel approximately US$ 700 million to a personal account of Prime Minister Najb Razak.

It is not just Umno but the whole Malaysian nation which had been hit by the 1MDB scandal like being blasted by an atomic bomb, with the crowning ignominy of being regarded worldwide as a “global kleptocracy” as a result the US Department of Justice (DOJ) lawsuits to forfeit over US$1 billion assets in the US, UK and Switzerland as a result of US$3.5 billion criminal embezzlement, misappropriation and money-laundering of 1MDB funds.But the catastrophic after-effects of the 1MDB scandal have not ended with the DOJ action as evident from a greater and further loss of national and international confidence in Malaysian governance, when there was no official proactive response to the DOJ complaint despite the mass of details about the criminal conduct and grand larceny of 1MDB-linked funds involving the highest authority in Malaysia, euphemistically referred to as “Malaysian Official 1”.This is on top of the latest developments over the class action suit by ex-prime minister Dr Mahathir Mohamad's former political secretary, Matthias Chang and former PAS leader Husam Musa in the United States against individuals linked to 1MDB.

Against such a backdrop, three recent developments have made it clear that the storms from the “atomic bomb” explosion of the 1MDB scandal will not recede but will continue to haunt and hound Malaysia in the coming months and even years.

Firstly, the refusal of the Public Accounts Committee (PAC) to re-open investigations into 1MDB;

Secondly, the announcement by the Bank Negara governor Muhammad Ibrahim that there would be no re-opening of investigations against 1MDB despite the damning 136-page DOJ complaint; and

Thirdly, the statement by the new Malaysian Anti-Corruption Commission chief commissioner Dzulkifli Ahmad that his main focus is to ensure a civil service which is clean of corruption, misappropriation and power abuse, completely avoiding what should be the greatest challenge of MACC - to purge and save Malaysia from the international ignominy of a global kleptocracy.

The time has come for every Malaysian to know the meaning of kleptocracy - defined as a rule by a thief or thieves

the whole Malaysian nation which had been hit by the 1MDB scandal like being blasted by an “atomic bomb”, with the crowning ignominy of being regarded worldwide as a “global kleptocracy”

1MDB Highlights Need For Institutional Reform of State’s Role in Business

Wednesday, March 9, 2016

Tengku Adnan Unmitigated disaster to UMNO

Perdana Menteri Datuk Seri Najib Razak mengagihkan bubur lambuk kepada masyarakat sekitar Masjid Jamek Kampung Baru, semalam. Pada majlis itu juga Najib mengatakan wang 1MDB disalurkan untuk membina masjid berkenaan, namun perkara itu dikritik bekas menteri penerangan Tan Sri Zainuddin Maidin kerana menganggap ia sebagai tidak logik. – Gambar fail The Malaysian Insider, 28 Jun, 2015.

Datuk Johari Umno supreme council member is absolutely right in pin-pointing that we need to dig deep into our consciousness and decipher from where this inferiority complex has crept into the veins of our society.There are people struggling to sort out their inner world for a meaningful life, while others are trying to hold together a damaged relationship, or are trying to raise consciousness in society, change the political system, save our planet and create universal brotherhood. The journey is daunting and often people give up.The argument that’s given usually is that one is too small to bring a change. But no one is too small and no problem is beyond them. The thing is that our attention is rarely focused as we wish to multi task owing to our greed, restlessness and sensory needs.
We get distracted by past experiences or fantasise about the future. So, we end up wasting a lot of time, feel fatigued and frustrated. Attention can go in both positive and negative directions; this power must be utilised in the right manner to achieve the best.Based on PAS's limited knowledge on Islam conclude that thoughts are simple mental phenomena with little consequence. Some people constantly see negative things as they have depressive tendencies and find it hard to be hopeful; others do it out of fear so that they can avoid or master their anxieties. Still others are consumed by rage and envy.
Under all circumstances, one must cultivate a positive attitude with a definite aim. Since we carry infinite Reality within us, we need to remember at all times and under all circumstances that we are not small; we have great potential. If we have the will, we can make a difference.
Tengku Adnan: Umno welcomes PAS' hand in friendship

Hudud has always been an important issue in Pas politics. Often it is also seen as a tool for vote bank politics. especially Muslims, gets politicised and becomes a polarising issue. The net result: Muslims have been effectively kept out of it. that religion cannot be used to deny justice to a community. That is, the Constitution does not bar any faith  when it meets other criteria as well. Datuk Johari Umno supreme council member warned Don't Use Hudud to Poison the Discourse and Polarise the Polity  It is our duty that we understand our limits in public life and stay within our limits while making public discourse."Now we should allow the matter to rest and we should continue with our work in national interest," said.Datuk Johari UMNO supreme council member 

Now imagine a small section of Muslims lin PAS , who claim to share Islam, spreading hate and violence. They claim to be defending the same religion you love and respect, but their actions do not agree with your conscience at all. This fringe group is a paradox. It upholds something you love, but acts in a manner you despise
The desire to be politically correct has overtaken the imperative to be politically sensible. Method and order, the favourite weapons of Hercule Poirot, might be usefully employed in analysis The life-blood of our democracy is a covenant, a pact between elector and elected that the quid pro quo for the vote is service to the constituency. The quality of that service is an important (but not the only) factor in an MP’s re-election. This is the one big check that keeps a MP on some sort of practical leash
It’s not moderate Muslims’ fault  fundamentalist Islamic organisations have sent tremors round the world. As a scared world dissects the causes and tries to find solutions, many stress the role of the ‘moderate Muslim’, or educated and modern Muslims who have kept quiet or not spoken up enough in all this.However, it isn’t as simple. To find solutions, it is important not to assign blame to a whole group of people. The first step is to try and understand the moderate Muslim point of view.Imagine this. You have grown up respecting a religion and its holy texts. Along with customs and rituals you have also affirmed a lot of positive values – compassion, honesty, humility, love, integrity, generosity. You are a rational, scientific human being but still give religion an important place in your life. After all it teaches you humanity, makes you a better person and keeps you positive.

Umno secretary-general Tengku Adna is actually running down Umno  persuade the public of FT to vote for BN next election must be in his dreams.

Political appointments have always been a tricky affair for any regime. But it’s turning south rather rapidly for Najib's government. And the problem with the decisions is that they cannot be rolled back in a hurry. Najib often have no choice but to protect those they have foisted, which then takes them down the risky road of more controversial moves to avoid any embarrassment.Broadly, a significant chunk of political appointments has turned out to be a problem for  Najib. And this is not an issue of ideological persuasion but the way of conducting work, of being able convey a sense of fair arbitration that goes with the office they occupy.delicate issue of handling a no-confidence motion in UMMO.The only initiative worth taking is one that will yield positive results. If one embarks on a destructive course of action, it will be oneself that suffers. Therefore, one should steer clear of such actions, as any sensible person steers clear of destroying his party

 PM have his one hand tied behind and our PM is a servant of many masters who are whimsical in their support. .Najib term in office began with loads of self-congratulation. Then eager eggheads sat down to set policy into language that could buy advocacy from media and support from the legislature. But if the process entered the third, or worse fourth, it was overtaken by uncertainty, spluttered and shuffled before the withdrawal symptoms arrived. his first great stride in a transformative journey towards Upholding Justice. Instead, its bulk was eaten away by the familiar demons of indifference and corruption.It is odd that the government should have chosen law and order as its final alibi after some exhausting self-laceration in its search for a credible explanation for the escape of Najib with 2.6 billion in his  personal account is an account for use by an individual for that person's own needs. It is a relative term to differentiate them from thoseaccounts for corporate or business use

Tuesday, February 9, 2016

True story based on the high profile heist1MDB

this exclusive article by syed ibrahim
“based on true story  based on the  high profile heist, 
A message went out from  Attorney-General Mohamed Apandi Ali office: you provoke us at your peril, no matter what the collateral damage. We play piped music before one trapped cobra and call it an opera. Then we fall asleep at our own show.It is both easy and pointless to blame the government. Every government keeps a thermometer in its holster and calibrates its decibel levels according to ground temperature. If it’s warm, it will blow hot,Our Malaysian response to a scandalous mess is neat and categorised. Cash and sex are the north and south pole of mass interest, each with a sprawling magnetic field. We divide the hemispheres with the equator of logic. Cash and corruption are the preserve of politics. Sex is the province of glamour. We refuse to recognise any cross-over evidence
Image result for Rosmah and Taek Jho Low

Why we Malaysians are such suckers for all sorts of conmen Is Malaysia going to pieces?
a trauma turns into a struggle between anger and amnesia. It is a no-contest. Amnesia wins every time.explains the callous indifference to the perpetrators of crime evasion was prelude to escape local wrath. Over time, even the noise has become a passing perfunctoryThe ebb from outrage to rage, its decline to umbrage, and then a drift to amnesia is the narrative of the 12 months Our unstated reason has been that action against Najib,  new media.http://lawmattersjournalmalaysia.blogspot.my/ has done some moving reportage of in the last few days. It would be interesting to find out, possibly through market research, whether the readers of the nation’s most powerful newspaper have been moved at all.
the Swiss also tell us that there is misappropriation of money. All of these are linked with 1MDB and invariable to one man, the chief fundraiser, and with his private bank accounts. The PM has a credibility deficit as do you, Mr AG.there is a deficiency in our law.disputed that might argue that there is no law that says that the receipt of a donation from a foreign source is illegal. The motive of the “donation” is definitely important if the recipient is the PM.By receiving such a huge sum will certainly make the PM feel obliged to the donor, and what the donor wants in return can be detrimental to the interest of the country.No one gives such huge sum for nothing and this is the reason why the people want to know the motive of the “donation”.Apandi, your answer is naive. If a person has billions, certainly there is no problem for him to give away RM2.6 billion, but it is certainly a big problem if the recipient is a PM, regardless of its purpose
have to accept that Arabia is the source of various fables, from Ali Baba and quite deservedly the Forty Thieves to Sinbad the Sailor to The Arabian Nights.
But now,Malaysin will be impressed and no doubt titillated to learn that you, without the least shame, guilt, and self-respect, are the author of the latest tale of wonder.under that Malaysian Anti-Corruption Commission (MACC) Act “gratification” means “money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage”.It is clear that donation comes under the meaning of gratification as defined by the Act. To dismiss it as easily as you did makes you look incompetent.

 ALSO READ THIS Apandi, harsher laws will protect me from journalists

When Attorney-General Mohamed Apandi Ali determine the state of law the real cost of a bribe
a traffic cop in the fairy-tale town of Swat had booked a car speeding through its bazaar, NATO troops could have left Pakistan by 2003, Iraq might have escaped NATO’s invasion, Barack Obama would probably be an unknown Senator from Chicago and George Bush Junior’s presidential library in Texas would certainly have something to cheer about. But, according to Maryam, her husband Ibrahim al-Kuwaiti “quickly settled the matter”, and the bribed Swat cop never realized he had just let Osama bin Laden escape. Maryam was giving evidence before the Justice Javed Iqbal commission, set up to enquire into the events of 2 May 2011, when US Navy Seals flew three hours into Pak territory, found and killed Osama. Nothing works on our great subcontinent better than instant cash. Al-Kuwati, Osama’s most trust aide, knew that. This is the kind of authentic detail which makes a fabulous story so entirely believable.
Who’s the RM2.6b Saudi prince?
In the great toss-up between perception and evidence, the former generally wins. Conventional wisdom, for instance,Apandi says donations are not illegal under Malaysian law. Corruption is better understood with a scan below the surface. Tilt the perspective on what seems an obvious fact, and the picture changes to startling effect.  has made a dream debut as Najib’s sidekick  think back to the start of much play of an opinion poll, done by his associate in the open. His message was unambiguous — he is in the game for governance, not maverick thrills, and he was taken seriously by voters.Continue reading  CLICK BELOW

How we turn a blind eyeCase closed does justice matter

Saturday, February 6, 2016

the malady of unauthorized decisions

 The Supreme Court on Friday read out the riot act to Congress MP Adhir Ranjan Chowdhury for not vacating the sprawling ministerial bungalow in New Moti Bagh in south Delhi and ordered him to shift out without further fuss.
Coming out strongly against the malady of overstaying by elected representatives and public servants in government accommodation, a bench of Chief Justice T S Thakur and Justices A K Sikri and R Banumathi said, "You vacate immediately. You must find an alternative temporary accommodation. You cannot grab this government accommodation. You have no legal right to stay in a house to which you have no entitlement."
also read this

The scope of the Attorney-General’s powers in these institutions, there is still the question of integrity of the key office-  of police and director general of ACA. It is often said that one may have the best laws in the world, but if we have crooks to implement them, the good laws may come to nothing attorney-general Mohamed Apandi Ali the predator, not protector do not seem to comply with internationally accepted standards for managing conflict of interest in cases

We just don’t seem to get it. The normal standards of accountability don’t apply to a,g We are unable to grasp their argument that, much as it is desirable in other institutions, transparency in the judiciary will compromise its independence, a larger constitutional value. Hence, we persist with the folly of expecting A.G chamber to be swept away by the wave of transparency triggered Justice is blind because it needs to be;a form of bastardised justice.
Corruption is a way of life in Maklaysia and AG chambers part of it  are den of corruption. But they are kept above board for unknown reasons. They should be accountable for what they do. Right now rules at various levels protect them undeservedly.fullstoryAG must be arrested for harbouring a criminal Najib

Appearing for the Congress leader, advocate Bijan Ghosh said the government had violated the MP's human rights by disconnecting electricity and water connection to the house. "A person has some human rights and the government must be directed to respect it," he said.
But the court said, "There is some propriety also. You must vacate. You have already overstayed in the house for nearly two years without entitlement. You cannot grab this house. Your paying the house rent is no consideration to permit you to illegally occupy the house."
When Ghosh said there were several others who were overstaying and termed it as a "practice", the bench said, "It is a malpractice that elected representatives overstay in the official bungalows."The MP had cried foul over the government's move to evict him from the Type-8 house, generally allotted to Union ministers. He had termed the action "political vendetta" while the Delhi High Court refused to entertain his petition seeking stay of his eviction.
Chowdhury, a Lok Sabha member, had moved the division bench of the HC against the February 1 order of the single bench's order dismissing his plea against the eviction, following which the authorities had disconnected water and power supply to his bungalow at 14, New Moti Bagh.
As a member of Lok Sabha, he is entitled to a Type-6 house. He was allotted alternative accommodation at C-1/99, Moti Bagh by the house committee of Lok Sabha in January, 2015 which he has not accepted.
Chowdhury is not alone in overstaying in government accommodation. The problem was so widespread that the SC entertained a petition on this and heard it for close to a decade before giving out several rulings.
In the final ruling on July 6, 2013, the SC had ruled that ministers and elected representatives in unauthorized occupation of government bungalows, or illegally overstaying in it, would face breach of privilege proceedings in Parliament.
 Sonia and RaGa are already culprits 

Knowing the spread of the malady of unauthorized occupation in all branches of governance -- legislature, executive and judiciary -- the SC had set an example by being unsparing on judges of the SC and high courts and said they must vacate government accommodation within a month of retirement.
For other government servants, it said the department concerned would intimate them about vacation of government quarters three months prior to their retirement. If they didn't heed the notice, they could find their pension reduced in addition to the ignominy of being forcibly evicted.
With the judgment issuing a series of guidelines, the court brought to an end the decade-long proceedings which started with the unauthorized occupation of Karnataka State Road Transport Corporation official quarters by a driver and spiralled into a major exercise to evict the high and mighty ensconced for years in sprawling bungalows in New Delhi's Lutyens'

Friday, February 5, 2016

The non-prosecution by A.G does not disprove what Ling is going to prove

AG must be arrested for harbouring a criminal Najib

 this exclusive article 

Mohamad Ramli Manan former Anti-Corruption Agency (ACA) director opines that attorney-general Mohamed Apandi Ali, who is also the public prosecutor, can be investigated under Section 212 of the Penal Code, which relates to the crime of harbouring an offender

 The scope of the Attorney-General’s powers in these institutions, there is still the question of integrity of the key office-  of police and director general of ACA. It is often said that one may have the best laws in the world, but if we have crooks to implement them, the good laws may come to nothing attorney-general Mohamed Apandi Ali the predator, not protector do not seem to comply with internationally accepted standards for managing conflict of interest in cases

We just don’t seem to get it. The normal standards of accountability don’t apply to a,g We are unable to grasp their argument that, much as it is desirable in other institutions, transparency in the judiciary will compromise its independence, a larger constitutional value. Hence, we persist with the folly of expecting A.G chamber to be swept away by the wave of transparency triggered Justice is blind because it needs to be;a form of bastardised justice.
Corruption is a way of life in Maklaysia and AG chambers part of it  are den of corruption. But they are kept above board for unknown reasons. They should be accountable for what they do. Right now rules at various levels protect them undeservedly.
AG also normal human beings picked up from the same society which has both honest and dishonest persons. If judges’ chairs would have been crafted from wood of some special tree which could convert even dishonest ones into honest ones, then instead of spending on implementation of ‘Right-To-Information Act’, stress should have been plantation of such trees giving wood having special effect to induce honesty!
Only victims created by an unaccountable judicial system can realise burnt of injustice showered on them by some wrong elements having found entry in our otherwise honest judicial system. Presently such judicial victims can only pray to almighty God rather than any human body (may it be even the highest authority in governance or judicial system of India) for punishing those who deliberately misuse super powers by Constitution.
These self-assessed human-gods are further shielded with a perfect immunised cover with divine-like powers of contempt and defamation but at times misused like devil-power.‘official’ dent to expose corruption and misconduct in Malaysian judicial system.

investigations can also be carried out under Sections 217 or 218 of the Penal Code, related to a public servant disobeying a direction of law with the intent to save a person from punishment or property forfeiture
(A-G) Tan Sri Mohamed Apandi Ali's decision not to frame charges against Datuk Seri Najib Razak of any criminal wrongdoing over alleged financial scandals has little impact over the prime minister's defamation suit against former MCA president Tun Dr Ling Liong Sik, lawyers said.
"The non-prosecution by the public prosecutor does not disprove what Ling is going to prove in the suit. The civil case is a different ball game altogether," he told The Malaysian Insider.
Ang said Ling needed only show a substantial proof that money was deposited into the private bank accounts of the prime minister.
The lawyer said this in response to whether Ling's defence had become weak after Apandi told a news conference last month that he was not framing charges against Najib due to "insufficient evidence".
This was in relation to the RM2.6 billion donation and another RM42 million from the Finance Ministry-owned SRC International Sdn Bhd, a former subsidiary of troubled 1Malaysia Development Berhad (1MDB) in his private accounts.
Lawyer Ravi Nekko said the standard of prove in civil cases was lower compared to criminal cases.
It was on the balance of probability in civil cases while beyond reasonable doubt in criminal prosecution, he said.
"Ling has a much lower burden to adduce evidence to get the suit thrown out."
He also did not rule out the possibility of Ling being awarded damages for the counter claim filed against Najib.
Lawyer S.N Nair said Ling would have been in a position of advantage if a criminal court had found Najib guilty of an offence.
"Such findings could have greatly assisted him but not in the present scenario. He has to adduce evidence to get the suit dismissed."
October last year Najib filed the suit against Ling for claiming that he was unfit to lead Malaysia following the revelation last July that money was deposited into his private bank accounts.
Najib said the RM2.6 billion contribution by a donor from the Middle East was a personal donation and Ling could not use it as a defence.
The Umno president said there was no issue of him violating the party constitution and its financial statements for 2013 and 2014, as the money was a personal donation.
Najib had repeatedly said the money was held in trust for Umno.
He had admitted receiving RM42 million but denied the money came from SRC International.
Najib said he had no knowledge that the money was channelled through two intermediaries – Gandingan Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd – and it was for Ling to prove.

Justice may be delayed, but it can never be denied

will stink for ten thousand years
Corrupt political leadership does not attractive men of outstanding integrity; neither can it be expected to enact effective laws to maintain high integrity in government. That truism has practically reduced our options to only one – a change of political leadership. That is, if we are still serious about restoring the rule of law and the pursuit of excellence for the country.The general logic doesn’t apply to AG. When others take refuge in opacity, we are justified in suspecting that they are hiding corruption. But when AG chanbers wrap themselves in a veil of secrecy, we have to take it that they are actually doing so for our good, so that they are not distracted by allegations of corruption against themselves.One way of coming to terms with this distinction is to re-adopt the outdated notion that king could do no wrong. Going by his logic,  does seem to suggest some such blanket immunity to  attorney-general Mohamed Apandi Ali 

. If  attorney-general  has made a false declaration of them, it should be no cause for concern to us, the consumers of justice. It’s time we realised that  attorney-generalhave  has inscrutable reasons. We should just be grateful to them for whatever justice they dispense to us, in their magnanimity and in their good time. Don’t bring the notions of accountability and transparency into this one-of-a-kind relationship.

Tuesday, February 2, 2016

Don’t stoke the fire: Tampering with High politicisation of a criminal

Never in Malaysia's history has one man caused so much shame and disrepute to this country...and make the public and the world despise him so much... and was caught with his pants down... this country has become a laughingstock to the world...

The only 'miracle' that is saving him and allowing him the breathing space...for the time being,

 was his infamous RM2.6b donation fund! a source used to feed his greedy swines.

terms of public perception the issue has become a burden to the party the stigma attached to the PM that he has become the proverbial millstone around Umno's neck.Majority of Malaysians perception on Najib is overwhelmingly negative. The moment his name is mentioned, automatically Rm2.6 billion  Najib is surviving on the false support of UMNO as well as MCA leaders who might have benefitted a lot from his donations. Those leaders have lost touch with the rakyat who put them to power. Instead of listening to the voters,

UMNO, a party with all the power in their hands for so many years in absolute control of the country ,cannot find a suitable successor to Najib tells us a lot of things.This is because,UMNO has neglected its own party development,its members from top to bottom is there,like warlords,looking only after their turf and self interests.They are all in there to plunder after selfish wealth development when the going is good.It has developed to such a height of greed that the party's next echelon of successors and interests are absolutely neglected and forgotten. It only takes a crisis like Najib's scandals to see how hopelessly UMNO has been broken down by arrogance and self glory.The fact that they have neglected their own party is all right to us.But invariably the nation's interest and development are also in tatters.Our educational system is at bottom rung internationally,we have failed to produced employable graduates,our institutions and civil service are led by mediocre leaders.
the perception that Najib is corrupt is met with the reality that he is. All his actions point in that direction and lead to that conclusion. A desperate man will take desperate measures to secure himself and Najib's actions have been utterly desperate. What amazes me is that he is so thick skinned about it and that his minions are still supporting him. But then, that is the power of money. Even now, all that they have claimed is that he has returned the money but we have seen no proof of it. There have been lies upon lies and the man is now in a deep credibility deficit that is akin to the US$19 trillion debt. There will be no more trust for this man.

Former law minister Zaid Ibrahim is seeking a judicial review on attorney-general Mohamed Apandi Ali's decision not to prosecute Prime Minister Najib Abdul Razak.

In a media statement issued after her filed an application for relief at the High Court in Kuala Lumpur today, Zaid claimed that there is strong evidence to suggest wrongdoing.

"I applied to the High Court for relief, by way of judicial review, on the following matters:

"The decision of the attorney-general not to prosecute Najib under the appropriate provisions of the Penal Code and the Malaysian Anti-Corruption Commission Act 2009; and

"The decision of the attorney-general directing the Malaysian Anti-Corruption Commission (MACC) to close its files on the investigation into offences possibly committed by Najib."

Zaid said the substantive grounds of his application are that the decision of the attorney-general was unreasonable and constituted an improper exercise of discretion.

The attorney-general, he pointed out, is under a constitutional duty to exercise the discretion conferred on him by the provisions of Article 145 (3) of the Federal Constitution with due consideration, reasonably in public interest and with a sense of justice.

"I am also satisfied - based on reports and statements published by the MACC and other agencies investigating the financial affairs of 1MDB and SRC International - that there is strong evidence of wrongdoing on the part of Najib, which indicate possible offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and the Financial Services Act 2013, which may also extend to criminal breach of trust and other offences under the Penal Code," he added.

No such thing as absolute discretion

The former law minister explained that he was forced to initiate these proceedings due to concern.

"I am rightfully concerned about the dire consequences to the rule of law in this country if the decision of one man cannot be questioned regardless of the facts and circumstances of the case.

"As far as I have been advised, there is nothing known in law as the concept of 'absolute discretion'. The notion of such unfettered discretion is in fact contrary to the rule of law, and it is for this reason I am compelled to act," he said.

Zaid also said if the court granted him the relief he sought, he wanted the court to do three things, which are:

Make an order in the nature of a certiorari to set aside the decision of the AG not to prosecute and the order he made to the MACC to close their investigations;
Make a further order in the nature of a mandamus, compelling the AG to utilise his discretion under Article 145(3) to properly consider instituting criminal proceedings against Najib; and
Declare that the decision of the attorney-general compelling the MACC to close its investigations is ultra vires his power under Article 145 (3) of the Federal Constitution.
Last Tuesday, Apandi cleared the prime minister of any wrongdoing, stating that the MACC investigations into the cases of the RM2.6 billion donation and SRC International's RM42 million deposited into Najib's private bank accounts did not find any evidence of corrupt practice.