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.

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