30 Nov 2010


PRESS STATEMENT :- 30th Nov 2010
Chairman – Social Care Foundation

The objective of this article is to enhance the Public, the significant roles between MACC and the A-G’s Office.Malaysians have every right to judge and criticise the Malaysian Anti-Corruption Commission (MACC)‘s performance but that must be done fairly. But they cannot blame or hold the MACC responsible for failing to decide on prosecution matters because that is the power and the jurisdiction of the Attorney-General (A-G)’s Chambers.
Furthermore, if there is lack of evidence, then the A-G must not try to bulldoze its way and order a case to be prosecuted because when a case is lost in court, the public is always quick to blame the MACC, not the A-G. Of late, the MACC has been severely criticised over its handling of serveral high profile cases, including accusations that its performance is not up to the mark.

Among the cases in focus unfortunately and inevitably that MACC has been accused of selective prosecution are:

a) The failure to prosecute former Selangor Mentri Besar Dato‘ Seri Dr Khir Toyo for allegedly amassing unusual wealth in his ownership of a mansion purportedly valued at RM24 million whereas several Pakatan Rakyat Selangor state assemblymen were subjected intense investigations over an alleged abuse of allocation amounting to only RM2,400 (the Teoh Beng Hock case);

b) The prosecution of Dato‘ Mirza Thaiyab, the Director-General of Tourism, whereas the ministers responsible for the project are not held accountable. This was after Dato‘ Mirza had been acquitted in an earlier case for gratification of a dental treatment;

c) The prosecution of only certain people in the multi-billion-ringgit Port Klang Free Zone (PKFZ) scandal whereas the forensic audit report by Price-Waterhouse Coopers had named many other personalities;

d) Till today, there is no decision to act against former Inspector-General of Police Tan Sri Musa Hassan and Attorney-General Tan Sri Abdul Gani Patail, after former Kuala Lumpur CID chief Dato’ Mat Zain Ibrahim, published letters accusing these two officials of manipulating and tampering with evidence in the “Anwar Black Eye Incident”.

1. Another case that has caught public attention involves lawyer En Rosli Dahlan. The alternative media has created the perception that Rosli has been victimised as a result of his professional role in pursuing civil and criminal actions against former Malaysia Airlines chairman Tan Sri Tajudin Ramli.

2. In my capacity, not only as Social Care Foundation chairman but also as a member of the MACC Consultation and Corruption Prevention Panel, I have to date received two letters from Rosli, essentially seeking MACC to withdraw the charge that MACC had preferred against him. I produce herewith the two letters.

3. Upon receipt of Rosli’s letters, I have made enquiries with the MACC, and was informed MACC had recommended to A-G that the MACC would like the case to be withdrawn. However, till today the A-G has not responded.

4. It is incumbent on me as Social Care Foundation chairman and a member of the Panel Advisory of MACC to present facts which would accurately explain MACC’s position so that the public can fully appreciate MACC’s role and area of jurisdiction and will no longer view the MACC with suspicion.

5. I hope the public will understand that in matters relating to prosecution of an offence, Art. 145(3) of the Federal Constitution vests the A-G with discretion to institute, conduct or discontinue any proceedings. As such, the MACC does not have the power to withdraw the charge against Rosli unless the A-G agrees to do so.

6. In this regard, I am disturbed by the disclosure made in a blog, Malaysia Today, alleging that A-G Gani is consorting with a person who is allegedly the proxy of Tan Sri Tajudin Ramli, namely, En Shahidan Shafie. That blog had produced records and pictures purportedly from Tabung Haji that A-G Gani and Shahidan are currently performing the Haj‘ together. This is a very serious allegation which adds a different dimension to the allegations of selective prosecution that I have outlined above.

7. I call upon the A-G Gani to deny this allegation and to also explain the true facts in order to allay any negative public perception surrounding this matter. This is necessary to dispel the allegations made by Mat Zain in his public letters which accused the MACC as follows:

 “It only shows that MACC and the Chambers are prepared even to go to the extent of affirming false      affidavit to screen Gani Patail from legal punishment.”
 8. According to Y.B. Dato‘ Seri Nazri, the Cabinet will investigate the allegations against A-G Tan Sri Gani Patail and I pray this must be conducted transparently without any further delay.

9. I take the liberty to appeal to all media that when MACC has a success rate in convictions, please also highlight in the manner in which you have highlighted the failure of MACC. Be fair to the Rakyat as well as MACC.


Anonymous said...

What make people very angry is... they hantam all the small fish and the big one all smiling!!!
Anyway sir, in GOD we trust!

Michael said...

Tan Sri,

It is good that you voiced out the MACC's concern on the very negative public perception of its performance so far.

I agree with you that the AG has a lot of explaining to do. There are just too many suspicious happenings which involved the AG which defies logic. This creates great suspicion that the AG's chambers is doing things which are not proper or even legal.

I only hope that this letter of yours which appear in your blog will appear in the mainstream media.

Otherwise, your well intentions will be an exercise in futility as not many people read your blog or Malaysia today and thus will not know the role, function and limitations of the MACC.

I wish you and MACC all the best in your role to fight corruption, especially in high places.

This is a blessed nation with rich resources. The public need to be assured that its riches are not plundered by corrupt leaders.

May God bless you and give you the boldness and the wisdom to continue to voice out what the public need to know, irrespective of how the government will feel about it.

Anonymous said...

What you are saying is basically that MACC is a paper tiger, a useless piece of shit.

I do appreciate what you wrote, and I am trying to be fair to MACC - except that I do not know what other ways to interpret your article.

Anonymous said...

MACC has to earn the stripes. It aint gonna be given for free. Look, if an ex-MB can have a joy ride with family and maid in tow at the state's expense, thats abuse of power to me. Yet, MACC does nothing. On the contrary, a young man has to die in MACC office over a paltry sum of RM2,400 and that supposedly as a witness.

Tan Sri, how can we have confidence in MACC if it is not seen to be acting fairly and honestly unless you tell me its AG office again in not proceeding with the recommendation of the MACC.

Tan Sri, as a Malaysian, it is my fervent hope that august institutions are well protected from the rogue politicians so that they can perform their duties accordingly.

alvin said...

Tan Sri

That's the way Malaysians want, a fair system that fears nothing & be transparent.

Keep up your good work & all Malaysians, excepting the corrupts & corrupted, will be behind you.

It has got to have the political will to pursue it till the end as far as corruption is concerned in Malaysia.

The government had wasted too much public funds, till we the rakyat have to suffer. Look, year in year out the Auditor-General's report highlights so much of these but where is the action taken.

It has got to do with the ruling party whose will is not strong.

I am afraid there will be more catastrophe coming for Malaysia.

Look at the Ron 97 increase in petrol price again ...another rise after the last not too long ago.

I am afraid my children & all other ordinary Malaysian children may have to suffer in due course; perhaps another two generations altogether.

Anonymous said...

Corruption is UMNO's life blood. It survives on corruption. It wallows in corruption.
Without corruption UMNO will die like a fish out of water.

Now who can fight UMNO? No one because EVERY SINGLE institution is headed by corrupted people linked with UMNO.
Look at the judiciary, the AG, the MACC chairman, IGP, EC and GLCs.
Look at all BN politicians. Even the PM and DPM is tainted with corruption.

By right, the whole lot of them must be Sungai Buloh prison.

Ipoh said...

The opportunity will arise when you SIR can remind the hypocrites (the other panel members) about these commandments.

[4:58] GOD commands you to give back anything the people have entrusted to you. IF YOU JUDGE AMONG THE PEOPLE, YOU SHALL JUDGE EQUITABLY. The best enlightenment indeed is what GOD recommends for you. GOD is Hearer, Seer.

[4:135] O you who believe, you shall be absolutely equitable, and observe GOD, when you serve as witnesses, even against yourselves, or your parents, or your relatives. Whether the accused is rich or poor, GOD takes care of both. Therefore, do not be biased by your personal wishes. If you deviate or disregard (this commandment), then GOD is fully Cognizant of everything you do.
[4:138] Inform the hypocrites that they have incurred painful retribution.
[4:139] They are the ones who ally themselves with disbelievers instead of believers. Are they seeking dignity with them? All dignity belongs with GOD alone.

Ipoh said...

Remind the rest of the panel members about [17:16] and [17:18]

[17:17] Many a generation have we annihilated after Noah. Your Lord is most efficient in dealing with the sins of His servants; He is fully Cognizant, Seer.
[17:19] As for those who choose the Hereafter as their priority, and work righteousness, while believing, their efforts will be appreciated.
[17:20] FOR EACH ONE OF THEM WE PROVIDE; we provide for those and these from your Lord's bounties. Your Lord's bounties are inexhaustible.
[17:21] Note how we preferred some people above others (in this life). The differences in the Hereafter are far greater and far more significant.