All the gates before 13th General Election

Mr PM, let me tell you why we are worried: Cow-gate, Cop-gate, AG-gate and now Anak-gate

Written by  Robert Phang

Prime Minister Najib Razak must lead the way, show true reforms and avoid cover-ups. The government’s objective of making crime reduction one of the National Key Result Areas (NKRA) is now showing results. According to the World Justice Project Rule of Law Index 2011 Report, Malaysia was ranked the safest country in the Asia Pacific Region.

All these are marked improvements of the image of the PDRM than when it was under the previous IGP, Musa Hassan. During Musa Hassan’s time, the PDRM was despised, the Along money-lending syndicate became a national menace and the crime rate was high especially street crimes. In short, Malaysians feel unsafe then. Some may say that was all in the past. But the past shapes the present and the future.

Police need to buck or fall behind

In that regard I feel compelled to remind the PDRM that the positive image now can slide back to what it was before. I feel compelled to remind PDRM that it must not be a law enforcement agency that is involved in cover-ups in protecting only the rich and powerful. As such, current CCID Director, Dato’ Syed Ismail Syed Azizan, must be commended for announcing that the police had recommended for prosecution action in the NFC “Cowgate” scandal. This had forced AG Gani Patail to finally charge Shahrizat Jalil’s husband, the Chairman of the NFC, for CBT. That unconventional announcement was a very brave and smart move by Syed Ismail so that there cannot be a cover-up for which the police will be made to take the blame. That really helped improve the image of the PDRM in the eyes of the Rakyat.

As a Friend of the Police, I call on the Rakyat not to misconstrue the statement made by the Home Minister Hishammuddin Hussein about the revelations made by former CCID Director Dato Ramli Yusuff of the cover-ups, fixing-ups, fabrications and abuses of power by Musa Hassan and AG Gani Patail in what is now known as the “CopGate Affair”. What Minister Hishammuddin had really said was “Prove it, and we will take action. No one is above the law”. Thus, we must take that positively.

Police duty to investigate and not kow-tow to AG

Since Hishammuddin has asked for proof, YDH IGP Ismail Omar must now take the Minister seriously and direct investigations by his officers. The police powers to investigate crimes are prescribed by the Police Act. If I may, IGP Ismail Omar can show his seriousness, objectivity and professionalism to uncover the truth and obtain evidence by taking the following steps:

> exclude CID Director, Bakri Zinin, from this investigation. This is to protect Bakri Zinin from any allegations of being connected to AG Gani Patail as Bakri is also from Sabah;

> direct independent minded investigators like CCID Director Syed Ismail who is not easily intimidated by AG Gani Patail as has been shown in “Cowgate”;

> not to allow circumvention of police work by any politician, no matter how high that politician may be, from carrying out police duties as that is the oath of duty of a professional police force;

> leave no stones unturned of all the reports made by Dato’ Ramli Yusuff against AG Gani Patail and Musa Hassan that have now been in the public domain for some time, namely investigate:

a) the truths of the SD by Musa Hassan’s ADC of his complicity with the underworld;

b) the truths of 10 other SDs by the other policemen;

c) the truths of the SDs by the other informants about the turning over of their informant’s evidence;

d) the cover- ups for Goh Cheng Poh in the Along syndicate investigations and the circumvention of police work in that case;

e) the unlawful access of Cicero confidential files;

f) abdication of AG’s duties under Art 145 Federal Constitution by refusing to act for and prepare affidavits for CCID;

g) fixing-up of Dato’ Ramli and his six officers by using the fabricated statement of Moo Sai Chin who was then under EO Detention;

h) fixing-up of Dato’ Ramli’s lawyer;

i) AG’s complicity in the matters concerning Tajudin Ramli/MAS and whether there was suppression of evidence;

j) AG’s refusal to prosecute Tajudin Ramli despite the recommendation of the CCID;

k) relationship between AG Gani Patail with Tajudin’s proxy, Shahidan Shafie. It is noted that Shahidan was previously charged for corruption while he was OC Secret Societies of Johor;

l) whether it is proper conduct for an Attorney-General to fraternize with a person of ill- repute (Shahidan Shafie) especially when that person is connected to an on-going investigations by the Police and the MACC. Their consorting together is evident as exposed in the Haj scandal with photographs and other supporting Tabung Haji documents;

m) AG’s complicity in the Ho Hup corporate tussle as evidenced by photographs of the A-G at Ho Hup’s office and the prosecution of the other side.

Not for Nazri to decide

The Rakyat is disappointed that the Speaker of Parliament had rejected the urgent motion by Subang MP R Sivarasa for this matter to be debated in Parliament last Wednesday. The integrity of AG Gani Patail impacts on the whole system of justice in this country. The Rakyat sees this refusal to allow parliamentary debate on a matter of such importance as a cover-up.

To dispel this negative perception, I ask IGP Ismail Omar to discharge his constitutional duties to investigate without fear or favor. I ask Ismail Omar to disregard the misconceived statements of Nazri Aziz that the government will not investigate this further. It is not for the Minister to state whether the complicity of AG Gani Patail should be investigated just as it is not for that Minister to direct GLCs to settle their cases with Tajudin Ramli.

Anak-gate : Where did the lawless son get so much money?

Nazri may be the Law Minister, but he has no legal nor moral authority to tell the police how to carry out the law if he cannot control his lawless son and his bodyguards in connection with the recent assault of a security guard. According to the police reports made available to me, Nazri’s son had even used his father’s Minister’s name card to introduce his entourage. Is that not abuse of power? The Rakyat is not amused that the case has been classified as Affray under s. 160 Penal Code. Affray is fighting in a public place. His son’s body guards trespassed onto private property and assaulted a security guard. How could that be an affray?

Beyond that, the Rakyat ponders how did Nazri’s son afford such luxurious cars - a Porsche driven by him and a Toyota Vellfire by his bodyguards? Why did he need bodyguards? What business is he in? Are we seeing further examples of “Cowgate” amongst the families and sons of Ministers who live in absolute opulence whereas the Rakyat are told to be thrifty and constantly reminded of rising inflation and high cost of living.The MACC should look into whether this Minister’s family is living beyond their means or having unusual wealth. After all, that is what all civil servants are subjected to under the MACC Act. So, it is better that Nazri controls his “anak jantan” and his entourage to behave in accordance with the law than for him to meddle in the affairs of the police.

The IGP must direct PDRM to act independently. That is how checks and balances in government institutions are maintained so that the Rakyat can feel safe and secure. Politicians come and go but the institution of the police cannot be made to succumb to their whims and fancies.

Too much evidence against Gani Patail to ignore

The evidence already in the public domain against AG Gani Patail are just too numerous for the government to ignore. As such, on behalf of the Rakyat I beg PM Najib to hear the Rakyat’s voice. The PM should know that the Rakyat is unhappy that he has said that it is not necessary to constitute a tribunal to look into this. The Rakyat wonders why the government must defend this AG until it affects the credibility of PM Najib’s government. This may only fuel suspicion that AG Gani Patail and Musa Hassan have a hold on the PM and other government leaders. PM Najib must dispel this by taking firm action.

PM Najib must not lose the plot. PM Najib has already shown that he will walk the talk when it comes to the Rakyat. I am sure PM Najib is sensitive to the Rakyat’s feelings. He is already popular with the reforms undertaken so far. So, let it not be dampened by the allegations surrounding AG Gani Patail. The Rakyat will support PM Najib in all his reform plans especially when the Rakyat trust there is no cover-ups.

Tan Sri Datuk Robert Phang Miow Sin is a prominent civil society leader, a Justice of Peace and a former member of the MACC advisory panel