Regarding The “MACC’s Investigation Papers”, Utusan’s Untung Besar And Such
In April 2015, Utusan bought a 20% stake in a company called Maqamad for RM100,000. Last week Utusan announced that they are selling that same 20% stake in Maqamad for RM48 million!!!!
OutSyed the Box
Former AG Tan Sri Abu Talib said MACC cannot express its views on the investigations on the PM. MACC’s role is only to investigate and pass the investigation papers to the ‘mai dari entah mana’ AG for his decision whether to prosecute the case or not.
Shall we run a poll and ask the people what they think about the AG?
The very fact that the MACC will hand over the investigation papers to the AG immediately implies that the MACC feels there is a case for prosecution.
Its like this folks, if there is no case or if the MACC has not found anything worth prosecuting, then the MACC WILL NOT HAND OVER ANY INVESTIGATION PAPERS to the AG. The MACC will just close the file. Period.
There is no such thing as the MACC submitting an investigation paper to the AG with the recommendation “Insufficient Evidence” or “No Further Action” or “Case Closed”. It does not work that way.
The moment an investigation file is opened, investigations are completed and the MACC hands the file over to the AG, then their recommendation will be to pursue the case in court.
ONLY then is it up to the AG to decide whether to prosecute the case or not. Yes the AG has the final say whether to charge the person in Court or to declare an NFA (No further action).
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).
Unfortunately, thus far, the public does not seem to perceive the ‘mai dari entah mana’ AG as fitting this shoe size.
The brand new AG 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 AG was brought in after the incumbent Tan Sri Ghani Patail was unceremoniously removed under the most suspicious circumstances and without following normal procedures. The smoke screen thought up in July was that Ghani Patail was too sick to perform his duties. Well they forgot to ask Ghani Patail about how sick he was because Ghani is still walking, talking and doing all the usual things.
Since his appointment, the new AG has omitted and committed many things, almost all of which appear more and more strange to the Malaysian public.
1. Just like MACC will submit their investigation papers to the new AG soon, Bank Negara Malaysia also submitted their investigation papers to the new AG with a very strong and made-known-to-the-public recommendation that the AG should prosecute 1MDB for certain crimes. The AG acted quite predictably. The Governor of BNM made appeals that the case be prosecuted and yet the answer was the same.
2. The new AG 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.
3. The new AG also did not prosecute the Ali Tinju fellow. He said that the video evidence was insufficient. The AG should explain to the public how cases were prosecuted before the invention of video? Especially a case where multiple witnesses were present.
3. The AG did charge Khairudin and his lawyer under the SOSMA for lodging police reports against 1MDB.
Here the new AG 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 Khairudin and his lawyer have been freed.
4. The new AG 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 AG withdrew the case based on a letter written to him by the defense counsel.
5. Back to the 1MDB matter, the new AG 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”. Isnt this considered interfering with the investigations? Isnt 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? Why December? Christmas holidays?
6. Why didnt the new AG 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 AG tell the PM who is under investigations to go on leave?
Looking at all these strange ommissions and commissions in such a short space of time (in just about three months) by this brand new, crawled-out-of-the-darkness AG, it is no surprise then that the public has little faith in him. Period.
