AG Gani openly abuse his position to cover his wrongdoing

I had heard that the settlement would result in all the criminal appeals filed by A-G Gani Patail to be withdrawn and Dato Ramli would be reinstated with full rank and honors and some payments. I told him that if the rumours were true, then I am very happy for Dato Ramli and for him that their ordeals have finally come to an end. That would be a victory of sorts without having to be fought out in court and incurring huge legal costs. I knew that it would cost Rosli a bomb in legal costs for his criminal trial.

I was totally unprepared for Rosli’s response. He gave me a long severe unflinching look. Then he said –“Din, you are talking to the wrong man. If you want to say all that, if you want to go congratulate someone, then go shake Dato Ramli’s hand, not mine !”

It was a very sharp rebuke that stunned me. Immediately, Rosli got up. I saw him walking to the musolla. I wasn’t sure what I did wrong. I wasn’t sure if I had offended him. I finished my buka food and went to the musolla where I saw that Rosli was just about to finish his prayers in one dark quiet corner. I performed my maghrib prayers and saw that Rosli was still holding up his cupped hands making the doa and looking upwards as if he was conversing with God.

I thought I heard a muted sob. I waited, and it was a long wait. Rosli sat there fixated, oblivious to the comings and goings of other people who took turns to pray in that musolla. He seemed to be lost in a very long doa as if a tormented soul was seeking solace from the Almighty. I waited still.

Finally, he finished. He turned and looked at me to make salam and I saw his glistening eyes. I shook his hands and hugged him. He relented and let me hug him for a few seconds that felt like several hours when two men embrace in genuine friendship and camaraderie. I asked Rosli – “What is wrong my young friend? Are you ok? ” He gave me his familiar dimpled smile and the determined glint came back to his eyes. He said “Let’s makan”.

While at the dining table to continue our buka puasa, I asked Rosli again if the settlement talk is true. He asked me to call Dato Ramli to get the real answer. By then, other friends had joined our table and everyone expressed their happiness that this whole episode is over for him and they jested that he can now go back to his first love– horseback riding!

But I could see that Rosli was hiding something from everyone by the way he answered questions disjointedly in between his laughter and eating. Clearly, he was trying to avoid any probing by talking light things and jesting all the time. When the crowd at our table receded, I decided to get serious.
 I told Rosli that having supported him throughout his trial I deserve to know how matters would conclude, not because I am a busybody but because I consider his case of some importance since it is about the abuses in government. I reminded him that on the day of his acquittal, he had made some sort of a pledge to prevent these abuses and to expose the rogues in government.

MACC offered a Bargain on behalf to the A-G

My remarks seemed to strike a chord with Rosli. He looked at me and apologised for his earlier conduct. He said that he is very grateful for all my support. He then told me that some months back, he had been approached by Dato Razak Musa, the MACC Director of Prosecution, as a messenger of A-G Gani Patail. Dato Razak said that if Rosli were to withdraw his civil suits, A-G Gani Patail would allow the MACC to withdraw the criminal appeal that is pending against him.

I was stunned to hear that bargain was offered by the MACC. That smacks of “prosecutorial misconduct” a term used by one commentator on my blog, Mr Bean, in describing the prosecution actions against Rosli. This is a real abuse of power. This is a blatant bully tactic.

Furthermore, it is totally wrong to commence or pursue prosecution against an innocent person just to strike fear in him or to make a bargain to cover up for an earlier wrongdoing. This is total dishonor to the Office of the A-G.

This is not what Article 145(3) of the Federal Constitution intended when it confers discretionary powers upon the AG to commence and discontinue criminal prosecution against anyone in Malaysia. It is this arrogant abuse of power by the AG that results in selective prosecution in Malaysia.

I asked Rosli if that’s what is troubling him and what is happening to his cases. Rosli said that all the civil cases are coming up for hearing very soon and he is not too hopeful. He said that in one case, the matter came up in the court of appeal several times and it gets postponed every time because one judge or another would seek recusal.

No Deal, says Rosli

Rosli then said something under his breath that I thought sounded like “I might as well be judged by all my enemies”. I did not ask for clarification as he sounded sad enough already.

Rosli said that Ramadan had become so painful for him because he was abused, humiliated, arrested, detained and charged by the MACC in Ramadan 2007. He said that he couldn’t possibly accept the bargain offered by Dato Razak Musa as that would mean losing his dignity and self value. Rosli then wryly said that it’s not just a cruel irony that the MACC’s appeal against his acquittal will be coming up next week on August 2 during Ramadan, but that it was orchestrated to remind him of the things that those in power can do to inflict pain and suffering.

After saying all these, Rosli must have suddenly realised that he had said too much and then requested “Din, please don’t write any of these. It’s personal between us ok?” I did not reply.

To Rosli, I have to say sorry but I can’t keep what he had told me as a private matter.

It is not a private matter when there is prosecutorial misconduct by A-G Gani Patail and Razak Musa in abusing their powers to pursue the appeal against his acquittal only because they could not get Rosli to withdraw his civil suits.
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This piece was taken from Din Merican.
Like the chimp raping the frog, the man with a tail in his name is over confident he can continue to abuse his position against Rosli.  Please share this injustice with everyone you meet, so that we can collectively seek justice and revenge against the man with the tail in his name be charge in the very court he has corrupted and destroyed.