Friday, January 14, 2011

A-G Gani Patail should be suspended!

by Din Merican January 13, 201

On Wednesday January 5, 2011, the MACC Corruption Prevention Panel Chairman, Tan Sri Ramon Navaratnam, declared that AG Gani Patail has been cleared of his relationship with former MAS Chairman, Tajuddin Ramli’s proxy, Shahidan Shafie.

The very next day, his colleague Tan Sri Robert Phang, a member of that MACC Panel slammed Ramon for manipulating a closed door confidential meeting to clear A-G Gani Patail. Robert Phang also warned Ramon for making an unauthorized announcement on behalf of the Panel thus rendering the Panel members to be mere rubber stamps to protect and preserve A-G Gani Patail’s position.

However, Ramon insisted that he was entitled to make that statement on behalf of that MACC Panel. If so, was Phang the lone voice in the MACC?

Malaysians were confused. Who is telling the truth, Phang or Ramon? This must have troubled another member of that Panel, Ishak Thamby Kechik, who also issued a statement supporting Phang. It appears that other members of the Panel have been awoken from their slumber and were now speaking out. The full Panel decided to meet to settle this matter once and for all.

On Monday January 10, the full Panel comprising Ramon Navaratnam, Anis Yusal Yusoff, Azman Ujang, Ishak Thamby Kechik, Zainal Abidin Abdul Majid, Prof. Dr. Abdul Rahman Embong and Robert Phang met. Earlier this afternoon (January 12), the MACC Panel made it clear that its chairman Ramon Navaratnam’s statement on January 4 on the matter was his “personal judgment”. This was a damning indictment against Ramon.

Ramon was not telling the truth

Ramon, do the honorable thing and resign

Ramon’s own Panel members are now saying publicly that Ramon was not telling the truth, which means that Ramon is a Liar for announcing that A-G Gani Patail has been cleared by the MACC. This amounted to a vote of no confidence against Ramon. If Ramon has any dignity left in him, he should step down as Chairman of that Panel. If Ramon has any integrity, he would resign from the MACC Panel.

The MACC Panel members must be people with integrity. Ramon has no business being in that Panel if his own Panel members think that he has no integrity. That is as simple as it gets. Let us see if Ramon has dignity and integrity.

The Panel also issued a statement that was reported by MalaysiaKini and which came on Channel 501 Astro Awani news earlier this evening (January 12) that: The Panel also agreed that investigation by the MACC will continue where necessary to ensure the truth or otherwise of any allegations made against the A-G.”

That was exactly the point stressed by Robert Phang, that is, that there has to be a proper investigation before A-G Gani can be cleared. Phang’s criticism against A-G Gani Patail stems from the numerous allegations that had surfaced against the A-G – from manipulation to lying, to outright fabrication and selective prosecution.

Phang resented any attempt to use the MACC Board and Panel to cover-up for A-G Gani Patail. To Phang, the Attorney-General must be free from any form of suspicion of improper conduct. To Phang, A-G Gani Patail’s conduct is far from satisfactory and he would not have the MACC being manipulated to be a fait accompli to A-G Gani Patail’s wrongdoings.

I wrote about all these on 6 January under the title: The Shameful Whitewashing of A-G Gani Patail’s Shenanigans. A-G Gani Patail’s association with Tajuddin’s proxy, Shahidan Shafie, is not just a bare allegation.The fact that A-G Gani and his family went for Haj and shared room with Shahidan was proven by official documents from Tabung Haji:

A-G Gani and Shahidan Haji Together

When invited by MalaysiaKini to publicly clear the air over these serious allegations, both AG Gani Patail and Shahaidan had chosen to remain quiet.

Tajuddin , who was MAS chairman from 1994 to 2001, had been blamed for the national carrier’s massive losses which brought it to the brink of bankruptcy. The Government introduced the Widespread Asset Unbundling (WAU) restructuring of MAS that basically cleaned the slate for MAS to be able to operate again.

Instead of quietly going away, Tajuddin had accused then Prime Minister Tun Dr Mahathir, and then Finance Minster Tun Daim Zainudin, as being responsible for all of his actions in MAS. Tajudin even launched an arbitration claim in Switzerland through a well camouflaged German company called ACL GmbH. Tajudin links with this company had already been exposed as a web of deceit in the chart below:


To close the investigation on MAS, the Director of Commercial Crimes Investigations Department, Dato’ Ramli Yusuff, and Lawyer Rosli Dahlan were charged by A-G Gani Patail on some ridiculous fixed up charges. Both have since been acquitted by the courts without even calling for their defence.

There is already public disquiet over a “Global Settlement” that Tajuddin is attempting to force upon the government. It is so blatantly done under the sanction of the court (see Tajuddin’s Lawyers’s letter below).

Lawyer Rosli Dahlan

Shahidan’s name is specifically mentioned as the new owner of Naluri Bhd which was the corporate vehicle that Tajuddin used to take over MAS. What game is being played here? Why is the government so afraid of Tajudidn that it can be forced to settle all the cases against Tajuddin? If the government can be intimidated, is there any hope of the MAS Scandal ever being fully uncovered? Was that why Dato’ Ramli and Lawyer Rosli were treated so mercilessly?

If A-G Gani Patail is now to face investigation for his connection with Tajuddin and Shahidan in covering up the MAS Scandal, can there be an impartial and independent investigation for so long as A-G Gani Patail remain in office? Is there a possibility of A-G Gani imposing his will on the investigators?

As it is, Dato’ Mat Zain Ibrahim, former CID Chief of KL had accused A-G Gani of fabricating evidence in the “Black Eye Incident” and in planting DNA samples on the mattress in Sodomy I. If, as recent as a few days ago, Tan Sri Ramon Navaratnam of the MACC Panel can be cowed into making a false announcement to clear A-G Gani Patail, what hope can there be for a truthful investigation while A-G Gani remains in power?

What is the norm when a Head of Department faces investigation? In the case of Dato’ Ramli Yusuff, he was stripped of his post, lost all his salary and privileges and until now has yet to be reinstated. The D-G of Tourism, Dato Mirza Thaiyab was suspended. So was the D-G of Immigration, Dato Wahid Don.

Shouldn’t the same happen to A-G Gani Patail? In fact more so, because as the A-G, he is so powerful and has wide powers to decide on criminal proceedings under Article 145 of the Federal Constitution. For sure, he will not approve any prosecution against himself.

Thus, if the government is serious about this; if the Home Minister Dato Seri Hishammuddin wants to show that his bees are not being squeezed by A-G Gani Patail; if they want to show independence in this investigation, the only option is to suspend A-G Gani Patail. Otherwise, this will be just another Cover Up!

Thursday, January 13, 2011

SNAP to be rebranded

Friday, January 7

From the blog - The Broken Shield

Picture shows the group before the meeting

KUCHING: Discussions have now been carried out between leaders of Sarawak National Party (SNAP) and leaders of the defunct Parti Bansa Dayak Sarawak (PBDS) on the move to rebrand SNAP which has been left in political doldrums for the last eight years after a leadership crisis.

The rebranding of the party will not only make it into a formidable force, but it will become a truly multi-racial party of the future.

Among those involved in the discussions include former PBDS President Daniel Tajem, former PBDS treasurer general Anthony Liman, Douglas Alau, former PBDS executive secretary and several hardcore members of the defunct party, who have not joined any political party since the deregistration of PBDS in 2004.

Committee members of the stillborn Malaysian Dayak Congress (MDC) have also joined the discussions.

Asked to confirm the move, the SNAP Secretary general Stanley Jugol admitted that several discussions have already been held in Kuching and in Miri and a number of these leaders have been appointed to hold key posts in the party.

“SNAP is open to all who share its aspirations and struggle. It is going to remain as an inclusive party working under Pakatan Rakyat (People’s Alliance).

“By rebranding the party, it is hoped that SNAP will once again return to its past glory,” he said, pointing out that the formation of Sarawak Pakatan Rakyat in May last year gave an opportunity for SNAP to play a bigger role both nationally and locally.

“We want to play a bigger role in Pakatan, but the party must first reorganise or rebrand itself in an effort to strengthen the party,” Jugol said, adding that the party needs the expertise and the guidance of the veteran Dayak politicians.

“But we also need young and professional people to come forward to be members of the party, because they are going to be the future leaders of the party,” he said.

Jugol said that the party has agreed to organise asymposium in Sibu on 15 January to explain the move to the people.

He also said that another symposium will be held in Kuching towards the end of the month on the same objective.

Later in February, the “new” SNAP will be launched, he said.

Jugol said that the party also agreed to form a “Council of Elders” whose main task is to guide and advice the party on matters of importance such as the issues of native customary rights land, traditions, customs and Adat.

Following a bitter leadership crisis in 2002, SNAP was not only reduced into a “mosquito” party, but was also deregistered by the Registrar of Societies. However, it was given a stay of execution pending its appeal to High Court. It was only on 26 June last year that the Court decided on SNAP’s favour.

The crisis began when the party found its former Treasurer General Tiong King Sing, the MP for Bintulu guilty as charged for tarnishing the name of the party over the failed TV3 building project in Bintulu.

His expulsion on 11 April 2002 led to nine central executive committee members walking out from the meeting as they did not agree with the decision of the party.

It also triggered the mass resignations of nine of its elected representatives and members who on 5 November 2002 formed Sarawak Progressive Democratic Party (SPDP). The “gang of nine” as they were popularly known was led by William Mawan Ikom, who later became president of the newly formed party.

The third party to be formed after Sarawak United People’s Party (SUPP) and Party Negara Sarawak (PANAS), SNAP’s formation on 10 April 1961 opened the way for the Dayaks to participate in politics during Sarawak’s preparation for independence.

When Sarawak became independence through the formation of Malaysia in September 1963, Ningkan who was the founding secretary general was made Sarawak’s first chief minister.

In the height of its electoral successes, SNAP had nine MPs and 18 state legislators. In 1976 SNAP joined the Barisan Nasional until it was unceremoniously kicked out in 2002.

Today it joins a new coalition, Pakatan Rakyat together with DAP, PKR and PAS.