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

[Crew_Toilets_-_Shinkoku_Maru.jpg]
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.
READ THE FULLSTORY BELOW

Najib and Ahmad Maslan the jokers of the first order










The real truth is that Ahmad Maslan  may or may not become full minister. But whichever party forms the next government, it should create a new “Ministry of Comedy” and make him it’s minister! His only job should be to make one speech a day….keeping us all fully entertained!

it seemed like a bad joke. It did not sound like a joke after hearing that the state government had every intention of fulfilling this ridiculous agenda of reviving a tyrant.  evil, he was no saint and neither did he have an ounce of largess in him that now Datuk Seri Najib Razak have suddenly discovered.Ahmad, well-known  for constantly making remarks on the goods and services tax and other cost of living issues, will now head the party’s information technology bureau, in charge of cyber warfare and new media

 Ahmad Maslan is bizarrely gifted, with hilarity running through his every vein…..every time he opens his mouth, his audience goes “Wow, did he really say that?”!! Move over Apart from his ability to be self-deprecating (well, ok not self-deprecating really, but goofing around with his partymen nonetheless!), Deputy International Trade and Industry Minister Ahmad Maslan  does have another advantage His show is telecast by all news channels simultaneously,  is far more innovative , far more creative with “facts” and far more “economical” with truth when it comes to development statistics. Such awesome width of “knowledge” is not something that That Malaysian women are nutritionally deficient because they are “figure conscious”! Too good!

Monday, February 1, 2016

No truth from Zahid Mukhriz said UMNO is a cruel irony

 Foolish Umno leaders can’t answer simple question
Turkey,  became a success story because its 20th-century saviour Mustafa Kemal rejected the Caliphate, and wrenched his nation out of the looming trap of faith supremacy. Courageously, he defused the very symbol of Muslim conquest, Istanbul’s Hagia Sophia, a great Byzantine church turned into a mosque in the 15th century. Ataturk converted it into a museum
 No truth from Zahid's tooth, Najib had pulled his teeeth




Zahid said, an eye for an eye will leave us all blind. Principles are vulnerable in pursuit of barbarians. But we must also defeat the enemy before it destroys us. That is the challenge.
who the en
what is  Zahid's politics then 
Although the UMNO produces some most creative minds, it remains a nation in constant need of a bogeyman to slay – fear is a mainstaThe Swiss embassy in Kuala Lumpur has declined to comment on Deputy Prime Minister Ahmad Zahid Hamidi’s criticism of the Swiss attorney-general's office (OAG).

Swiss AG's office won't get dragged into Zahid's 'politics'
y of Najib   UMNO leaders have been intentionally entrapping the minds of Malays as a means to retain their power and positions,   Zahid  warned that the inevitable advent of the digital world would put an end to such shortsighted leadership “We have been talking about the Malay problem ever since UMNO birth
Why is it after 60 years of independence, with sultans and leaders as Malays, and the government being led by Malays, we still have this problem? 
Najib now wants Status quo, is a Latin phrase meaning the existing state of affairs, particularly with regards to social or political issues. In the sociological sense, it generally applies to maintain or change existing social structure and values.Ironically, even UMNO is nervous. Zahid has opted for a heads-I-win-tails-you-lose strategy: if the general election 2018 goes well,UMNO will be a sure lose

The reason is that we do not know that our minds have been entrapped, imprisoned.  used the metaphor that the Malays are like frogs under a coconut shell.The shell will topple one day, make no mistake about it. The question for our society is if we will topple the coconut shell our way, to minimise the collateral damage, or do we allow it to topple on its own and risk a disaster.”The US is isolated by its own privilege – being a dominant culture, most US citizens don’t learn other languages. They don’t watch films or read books from other peoples. They don’t follow political and social events of other societies – so, it’s easy to ‘otherise’ huge portions of humanity into reductionist, menacing categories.When aftershocks trembled through Aristotle’s law on prose is compelling: everything has a beginning, a middle and an end. I was rearranging my brain cells to deal with the difficult middle of a column in UMNO said Zaid Another barbaric chapter of an epic conflict between the presence and promise of clean Good governance , and the bitter, toxic romance of corruption  was written on But as a sense of loss, and fear of the future, intensified, the ideas of exclusivity, separation and dream of dominance began to gather momentum in the 20th century.What is modernity? It has four non-negotiable pillars: democracy, which is impossible without free speech; freedom of faith; gender equality; and economic equity, through which the poor are the principal beneficiaries of economic growth.


Zahid  Nine weapons? Najib needs a tenth: Luck

If you were cooking up a formula for an ideal prime minister, the mixture would surely be a base of Solomon’s wisdom, with one ladle of Alexander’s strategic skills, topped off by the confidence of David, who slew heavily armed giants with a single sling-shot. But no recipe works without salt. Salt is luck

malamcintarasul-yusof_620_413_100
Muslims had slipped into decadence, compromising purity of practice in prayer and trust in the sharia; their behaviour and dress had been corrupted by Rosmah.

Image result for where 2.6 billion


 Where are  the jihad warriors of this Malays? asked Zahid'
The warriors of this Malay jihad are the masked vanguard of a movement called UMNO Behind the masks is a supply chain that, like all religious extremism, is magnetised by inspiration beyond  UMNO  Those who know Najib and Awang Hadi are aware that, as master of the long game, they are not going to be deflected by the short pass; it is too late for them to absorb the stumble and restore the stride towards that clean horizon.The Malay voters, much unlike the  opinion pundit, a very cool customer. Every election result is a message, which should neither be underestimated nor overestimated.Extrapolation of any regional result on to a wider canvas is alluring but deceptive. As was famously said of American democracy, all politics Malay are local. This does need a minor amendment: most politics  are not local. Taking the right decision needs, in our system, nerves of steel along with forensic skills. There is plenty of bothContinue reading below

a U-turned Dr Ahmad Zahid Hamidi. says Najib will meet Anwar's fate,not the other way round

  malamcintarasul-yusof_620_413_100

 Dr Ahmad Zahid Hamidi. giving "suicidal" statements what will happen in the 2016 polls if UMNO is lost that people of this country will teach Najib a lesson

The conspiracy theorist and the voters who could not take yes for an answer.

Najib’s challenge today is that his biggest opponent today is none other than the memory of Najib Do governments lie about the magnitude of economic problems Governments are unwilling to tell the truth about the magnitude of the economic problems, the lack of solutions and cost of possible corrective actions to the electorate.Politicians have taken regard of historian Simon Schama’s comment that no one ever won an election by telling voters it had come to the end of its “providential allotment of inexhaustible plenty”.. Ordinary people are complicit; refusing to acknowledge that maybe you cannot have it all.This was a wave. In retrospect the 2013 verdict was an enthusiastic splash. Neatness tends to descend quickly on elections once they are over. It becomes immediately clear to analysts as to what happened and why. And yet, this time around, the results are of such a scale that even the most determined television panelist might take a pause to process what has just happened for it confounds all expectations and makes all previous analyses look faintly ridiculous.There are a number of factors that need to be taken into consideration that may influence the results of the 14th general election, which has to be conducted on or before Aug 24, 2018, two months after the Parliament dissolves automatically on June 24.

Umno, what price is Dr Ahmad Zahid Hamidi's loyalty?

. UMNO must not fade away mid-journey  That is the great strength of UMNO democracy. There will be aberrations here and there, there might be concerns about the present situation  We are not committing any crime, as a matter of fact, we love the party very much.

By making a public statement, in my opinion, it is not good because it not only strains ties between -me and Najib there is absolutely no scope of  dialogue.The tricky part is to discover what kind of talk makes sense.You need only a trumpet to launch hostilities. Peace requires a rather more complicated orchestra; there will be discordant notes from some insistent trombone; the bass could be playing a military march; all musicians might  not read from the same sheet; and there is always the likelihood of liberal violins airing  strains more relevant to heaven than to realists who live on earth. If the maestro-conductor tears his hair occasionally, you can understand why.
Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.said  Swiss attorney-general chief prosecutor released a statement saying he had asked Malaysia for help with his probe into possible violations of Swiss law by 1MDB, saying suspected misappropriations amounted to about US$4 billion (RM16.8 billion).He said such details should have been kept private between the two governments.Some of the money was found transferred into Swiss bank accounts held by former public officials from Malaysia, and both former and current public officials from the United Arab Emirates. Swiss prosecutors also said they had asked help from Malaysian authorities through international mutual legal assistance. Zahid said today Attorney-General Tan Sri Mohamed Apandi Ali would be meeting his Swiss counterpart to obtain more information. 
 Prime Minister Winston Churchill, for example, in his nation’s darkest hour, inspired his countrymen to stand firm against Nazi tyranny despite the odds. Mahatma Gandhi summoned his nation to the great ideals of tolerance and respect for diversity and human dignity. President John F. Kennedy appealed, in his inaugural address, for sacrifice and commitment to make America that shining light upon a hill, an inspiration to the world. Nelson Mandela urged a nation divided by decades of apartheid to reconcile, to build a new nation based on justice and inclusiveness.
The structure of government does not change, whether it is brilliant or awful. A prime minister presides. A Cabinet sits in attendance. But government collapses when common purpose is lost, when every minister becomes his own master and the prime minister turns into a helpless spectator. Government degenerates into a circus without a programme; acrobats become indistinguishable from clowns. The next prime minister must be able to exercise something more vital than the tenuous authority of an office no one takes seriously .UMNO has had a resigned air without anyone actually having resigned.
Switzerland’s chief prosecutor released a statement saying he had asked Malaysia for help with his probe into possible violations of Swiss law by 1MDB, saying suspected misappropriations amounted to about US$4 billion (RM16.8 billion).  Some of the money was found transferred into Swiss bank accounts held by former public officials from Malaysia, and both former and current public officials from the United Arab Emirates. Swiss prosecutors also said they had asked help from Malaysian authorities through international mutual legal assistance.
Switzerland’s chief prosecutor released a statement saying he had asked Malaysia for help with his probe into possible violations of Swiss law by 1MDB, saying suspected misappropriations amounted to about US$4 billion (RM16.8 billion).  Some of the money was found transferred into Swiss bank accounts held by former public officials from Malaysia, and both former and current public officials from the United Arab Emirates. Swiss prosecutors also said they had asked help from Malaysian authorities through international mutual legal assistance.


- Najib can offer nothing very new. The speeches are still as powerful, but by now he has spoken on every subject Najib’s rule produced the achhe din (good days) promised during his election campaign?Now  corruption is rampant. But I distinguish between crony capitalism and political protection rackets. The former bestows monopoly profits on cronies. But if after paying up, the businessmen get no monopoly or abnormal profits,  the new AG becomes Najib’s protector, not predator


Days after the Prime Minister of Malaysia was cleared of wrongdoing in an investigation into transfers of money into his bank accounts, the Swiss government announced Friday that it had found serious indications that funds had been misappropriated from Malaysian state-owned companies.
The sovereign wealth fund at the center of the Swiss inquiry, called 1Malaysia Development Berhad, or 1MDB, has been the focus of several investigations around the world as authorities attempt to ascertain whether money vanished in a series of international business deals.

The sovereign fund is overseen by Najib Razak, Malaysia’s Prime Minister, and it has become a political target in his country, where his opponents have pushed aggressively for his removal.

The statement by the Swiss authorities is the strongest comment by law enforcement that there is significant evidence of wrongdoing related to the Malaysian state-funded companies. 1MDB and its web of business deals were featured in an investigation by The New York Times a year ago of properties in the United States owned by people close to the prime minister.

“We believe we have compiled significant evidence of illegal transactions and wrongdoing, which we will transmit to the respective Malaysian authorities in the coming days,” said André Marty, a spokesman for the Swiss Attorney-General, in an email.

The Swiss Attorney-General formally requested help from Malaysia in its investigation, and Mr. Marty said that his office hoped that Malaysia would provide that assistance. He said that Malaysia’s Attorney-General had agreed to do so in a meeting in Switzerland in September.

Aiding in both of those deals was a young businessman named Jho Low, who is a longtime friend of the prime minister’s family. Mr. Low was also active in helping the prime minister’s stepson, Riza Aziz, acquire luxury properties in the United States, The Times found in its investigation, and was involved in Mr. Aziz’s movie business in Hollywood. Mr. Aziz has said one of his main financial backers of the movie company was Mohamed Ahmed Badawy al-Husseiny, who was at the time the chief executive of Aabar, the United Arab Emirates company that was a partner in business deals with 1MDB.

The Swiss have not singled out anyone by name in their announcements and have not made it clear whether Mr. Najib will be a target of their investigation. The Department of Justice in the United States is also investigating 1MDB deals as well as properties in the United States owned by Mr. Low and Mr. Aziz.

Representatives for PetroSaudi, Mr. Najib, Mr. al-Husseiny, Mr. Low and Mr. Aziz did not respond to requests for comment.

the Swiss government announced  that it had found serious indications that funds had been misappropriated from Malaysian state-owned companies.-NY Times

Malaysian law enforcement has moved toward closing the investigations into Mr. Najib. The announcement this week focused on questions surrounding nearly $700 million that had been deposited in Mr. Najib’s bank accounts. Malaysia’s attorney general on Tuesday said the money was a personal donation to him from the Saudi Royal Family.

The Swiss announcement on Friday provided details on the direction of Switzerland’s investigation. It said that $4 billion was believed to have been misappropriated and that some of that money was transferred into bank accounts in Switzerland held by former Malaysian public officials and current and former public officials in the United Arab Emirates.

The United Arab Emirates carried out a series of business deals with U.A.E. state companies and 1MDB, and some of those deals are mentioned in the Swiss announcement, including a joint venture in 2013 between 1MDB and a United Arab Emirates state company called Aabar. The announcement also says the Swiss are looking into allegations involving a small oil company called PetroSaudi that carried out a joint venture with 1MDB.

Since then, however, Malaysian law enforcement has moved toward closing the investigations into Mr. Najib. The announcement this week focused on questions surrounding nearly $700 million that had been deposited in Mr. Najib’s bank accounts. Malaysia’s attorney general on Tuesday said the money was a personal donation to him from the Saudi Royal Family.





Wednesday, January 27, 2016

Justice’ for Najib is just political farce


Datuk Seri Najib Razak, fresh from being declared innocent a day earlier in the RM2.6 billion 'donation' saga, leaves the Parliament building today. Former leader Tun Dr Mahathir Mohamad has described the decision by the A-G yesterday as a 'judgment'. – AFP pic, January 27, 2016.

Mohamed Apandi Ali 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 Why do we say “law and order” rather than “order and law”?  Simple. Law comes before order. Law defines the nature of order. Law is the difference between civilization and chaos.  Law defines the nature of order. Law is the difference between civilization and chaos. Law is evolutionary: the edicts of tribes, chiefs and dynasties lifted human societies from scattered peril to structured coexistence. The laws of democracy have vaulted us to the acme of social cohesion, for they eliminated arbitrary diktat and introduced collective will. The divine right of kings is dead; it has been reborn as the secular right of an elected Parliament.A nation that cannot uphold its law cannot preserve its order. When Najib was smuggled out to safety, the authority of  abandoned the responsibility of state. Excuses, evasions and lies have shifted Mohamed Apandi Ali Unsurprisingly, Najib sneered at the establishment that knelt before him; contempt is the umbilical chord of Mohamed Apandi Ali. Najib publicly, even proudly, contemptuous of those who did not have the courage to interrupt his freedom  had twigged on to a basic truth that the law is a malleable reality for those who are “well-connected” in Malaysia.  How could Najib have respect for Malaysia’s law when those entrusted with its sanctity had defiled it?

When clever people come to power they often make a simple mistake. They think the rest of us are fools.Our Federal Constitution envisages that the Attorney-General will always be a man or woman of unquestionable integrity.  A fearless person who is honest and will uphold the Constitution (please stop laughing – this is a serious matter).


an indelible stain on Malaysia's political and legal systems Corrupt political leadership does not attractive men of outstanding integrity;

Why didn’t the new A-G advise the PM to go on leave pending the outcome of the investigations?  Surely justice must not only be done but it must be seen to be done as well. So as the Legal Advisor to the government, why didnt the new A’-G tell the PM who is under investigations to go on leave?
Looking at all these strange omissions and commissions in such a short space of time (in just about three months) by this brand new, crawled-out-of-the-darkness A-G,  it is no surprise then that the public has little faith in him. 

 Power is still used essentially an extractive instrument, whoever might be in power. Corruption has reduced at the top, but in an everyday sense, little has changed. administratively, some bureaucrats come on time, but structurally the trade-off between transparency and efficiency has not been resolved.

Is change of a meaningful kind at all possible in Malaysia, or can only such one-off gestures, more spectacular than substantive, be pulled off? Is the gravitational force exerted by the scale and complexity of the Malaysia's reality such that it resists change at an institutional level? Is there something inexorable and deep in the way the polity functions, that makes change a virtual impossibility? Are the dysfunctions that we see across the political ecology a necessary part of its construction and do they help bind it together?
The new Attorney General (AG)Mohamed Apandi may by now be wishing he had not taken the job.It is entirely within the logic of turbulent  that a dream run should be interrupted by a wake-up call. It might be pertinent to note, in this context, that dreams are best shaped into reality with the help of daylight. Among the dangers of darkness is that it obscures the bumps on that twisting road to power misuse  regeneration. 
Najib said to be negotiating for safe passage and stolen loot

Attorney-General Mohamed Apandi has has strongly denied  all the WSJ charges  
The brand new A-G has been revived and brought to life again at the age of 65 when most retirees begin to forget the details of their past careers.The new A-G was brought in after the incumbent Tan Sri Gani Patail was unceremoniously removed  under the most suspicious circumstances and without following normal procedures. The smoke screen thought up in July was that Gani Patail was too sick to perform his duties. Well they forgot to ask Gani Patail about how sick he was because Gani is still walking, talking and doing all the usual things.
Since his appointment, the new A-G has omitted and committed many things, almost all of which appear more and more strange to the Malaysian public. Note the following:
Since his appointment, the new A-G has omitted and committed many things, almost all of which appear more and more strange to the Malaysian public. Note the following: Just like MACC will submit their investigation papers to the new A-G soon, Bank Negara Malaysia (BNM) also submitted their investigation papers to the new AG with a very strong and made-known-to-the-public recommendation that the A-G should prosecute 1MDB for certain crimes.  The A-G acted quite predictably. The Governor of BNM made appeals that the case be prosecuted and yet the answer was the same.
 The new A-G then held an unprecedented Press ‘conference’ where he read a prepared statement (he did not say prepared by whom) then promptly left the room without taking any questions from the Press whom he had summoned.The A-G did charge Khairuddin and his lawyer, Matthias Chang under the SOSMA for lodging police reports against 1MDBHere the new A-G again bungled because there is a proviso under the Penal Code to deal with the crime of making of “false Police Reports”.  Perhaps to avoid exactly that, Khairudin employed the services of a lawyer to make sure his Police report was not a false report.  But Khairudin’s lawyer was also arrested and charged. Strangely (this is where the new AG bungled). Khairudin and his lawyer were never charged with making a false Police report. Instead the new AG charged them with ‘economic sabotage’ under SOSMA.  Then the Court threw out their 28 day remand  and Khairuddin and his lawyer have been freed.
 The new A-G then withdrew the case against that NFC fellow (the husband of the Wanita leader who has pledged her support to the PM) while his trial was already being conducted in Court. The A-G withdrew the case based on a letter written to him by the defense counsel.
.Back to the 1MDB matter, the new A-G did say that he had advised the PM to give a statement to the MACC.  Then he said that he also told the MACC to “complete their investigations by December 2015″. Isn’t this considered interfering with the investigations? Isn”t it an offence to interfere with an official investigation? The MACC is an independent body.  If the AG gave instructions to the MACC to wrap up their investigations by December 2015, the public will question if he also gave the MACC other instructions? 
When aftershocks trembled through after No charges against PM, SRC and RM2.6b cases closed with vested interest split opens up a Pandora’s box Complacency is a criminal offence in public life these cases are not tried in a court of law, they will instead be tried in instead was tried in the court of Apandi Ali politically ambitious attorneys general has a power to defend the prime minister Apandi cleared Najib of any criminal wrongdoing, into the RM2.6 billion channelled into the prime minister’s bank accounts and into the Finance Ministry-owned firm SRC International Sdn Bhd.The A-G said that after six months of investigations by the Malaysian Anti-Corruption Commission (MACC), he found there was “insufficient evidence” to implicate the prime minister.“Based on facts and evidence, no criminal offences have been committed by the PM in relation to three investigation papers.The three papers are one on the RM2.6 billion donation and two on SRC International which had taken a RM4 billion loan from the Retirement Fund Inc or KWAP.
Apandi also cleared Najib of any wrongdoing in relation to SRC International. whether there had been a conflict of interest That decision is in fact a judgment. The A-G is both judge and prosecutor That in itself is an injustice. these cases are not tried in a court of law,  instead be tried in the court of Apandi Ali the roles of judge and prosecutor when the attorney-general cleared the prime minister of wrongdoing after huge sums of money was found in his personal bank accounts.Dr Mahathir also questioned how the balance of US$620 million or RM2.03 billion was returned to the Saudis. "How and when was this done? We are told the balance is frozen by Singapore. Can Singapore explain the unfreezing and the delivery back to the Saudis? Or does Singapore also believe in the free gift story, the letter and the Saudi admission?" "Singapore is a financial centre. Can it be so gullible?"
 According to The Wall Street Journal (WSJ) today, the two ministries have declined to comment on attorney-general Mohd Apandi Ali's statement yesterday, but said they have no information about such a donation, which would have been unprecedented.Saudi Arabia’s finance and foreign affairs ministries are in the dark about the supposed donation from the Saudi royal family to Malaysian Prime Minister Najib Abdul Razak.However, an unnamed source reportedly claimed that the money came from the late Saudi King Abdullah (photo), who reigned until he passed away last year.According to The Wall Street Journal (WSJ) today, the two ministries have declined to comment on attorney-general Mohd Apandi Ali's statement yesterday, but said they have no information about such a donation, which would have been unprecedented.
“A Saudi government official, while declining to comment specifically on the prosecutor’s statement, said the Saudi ministries of foreign affairs and finance had no information about such a gift and that a royal donation to the personal bank account of a foreign leader would be unprecedented.“Representatives of the royal family couldn’t be reached for comment,” the WSJ report says.A spokesperson for the Saudi government told the Sydney Morning Herald that the government is investigating the matter.Separately, the BBC quoted an unnamed source claiming that the money came from Abdullah, to help Najib win the 2013 general election.It said the source, who is reportedly well-placed and has requested anonymity, claimed that the money was drawn from Abdullah's personal finances, as well as state coffers.“The purpose of the donation was simple, said the Saudi source - it was to help Mr Najib and his coalition win the election, employing a strategic communications team with international experience, focusing on the province of Sarawak, and funding social programmes through party campaigning.“But why should the Saudis care about an election in a non-Arab country more than 6,000km (3,700 miles) away? The answer, the source said, lay in their concerns over the rising power of the Muslim Brotherhood, which they consider a terrorist organisation.“The Saudis were already upset at events in Egypt, where President Mohammed Morsi was busy consolidating the Brotherhood's hold on the country,” the report said.

The report explained that the opposition alliance at the time, Pakatan Rakyat, included PAS, whose founders were inspired by the Muslim Brotherhood.It noted that this was despite there is little evidence that the brotherhood has much support in Malaysia.'International investigators don't believe'Yesterday, Apandi cleared Najib of corruption, basing his decision on the investigation by the Malaysian Anti-Corruption Commission (MACC).Among others, Apandi (photo) said Najib's RM2.6 billion donation in 2013 came from the Saudi royal family, and of this sum, RM2.03 billion was not used and had been returned.The timing of the donation was just ahead of the 13th general election, and was during Abdullah's reign.However, WSJ in its report said some international investigators do not believe this to be the case.
“The US Federal Bureau of Investigation and other government agencies from outside Malaysia continue to investigate the transfer.“Some international investigators don’t believe the nearly US$700 million came from Saudi Arabia, according to a person familiar with the inquiries,” the report says.The report also quoted a former political analyst at the Saudi Embassy in Washington as saying that the idea that the Saudi royalty would donate the vast sum to a personal bank account, instead of a government institution, is "suspect".“The notion that the Saudi ‘royals’ would ‘donate’ hundreds of millions of dollars to a foreign leader, as opposed to a government institution, struck me as suspect, to say the least,” the analyst, Fahad Nazer, is reported as saying.
However, the BBC's Saudi source reportedly said there is nothing unusual about the donation.He said Jordan, Morocco, Egypt and Sudan have all been multi-hundred-million dollar beneficiaries of Saudi royal funds."There is nothing unusual about this donation to Malaysia. It is very similar to how the Saudis operate in a number of countries,” he was quoted as saying Continue reading below