THE MALAYSIAN INSIDER SHANNON TEOH WRITES THAT THE A-G’S STANCE THAT HE ONLY FABRICATE AND ‘NOT INVESTIGATE’ MAKES NO SENSE AT ALL’

“You can keep Attorney-General  scandals bottled, or you can get them in a Tatrapack.”

Nazri, in other words, are you prompting the EC to further delay the process of electoral reforms? Nine months into the process and you say they needed more time and shouldn’t be pressured? You are real arsehole and simpleton for believing the discerning electorate will support what you say! You’re an idiotic Minister!This is another oppressive form of denial of democracy for the rakyat by those in power, manipulating of government agency which is to serve the people and not the ruling government What are you going to do to us if we keep pressuring the EC to change its cheating ways? Are you going to beat us up like what your gangster taiko son has been doing all around town?

Magistrates have documents to show money was funnelled from Thint Asia to Terasasi, €3 million when Terasasi was domiciled in Malaysia and €33 million after its incorporation in Hong Kong. There is no indication where this money went.

But French investigators theorise that it was part of €146 million that may have been funnelled to Umno officials and Najib, who as defence minister travelled with Abdul Razak Baginda several times to France to buy the submarines from DCNS.

French authorities believe “it appears that… the amounts paid to Terasasi ultimately benefited Najib, the defence minister, or his adviser Razak Baginda”.

Two years of investigation by French police into the sale of the two Armaris Scorpene submarines culminated recently with the appointment of investigating magistrates at the Paris Tribunal de Grande Instance.

The probe involves three contracts which were signed on June 5, 2002 and whether the French defence firms had violated OECD bribery conventions by paying Razak Baginda’s Perimekar Sdn Bhd millions in “commissions”.

The contracts comprise €114 million Putrajaya paid to Perimekar, a “C5 contract of engineering business” between a DCNS subsidiary and Thint Asia worth some €30 million and a “consulting agreement” between Thint Asia and Terasasi.

French magistrates will not be looking into Altantuya’s gruesome murder — which the opposition has persistently linked to Najib — as the killing does not appear to be connected to the scandal.

Two of Najib’s bodyguards were sentenced to death in 2009 for shooting the Mongolian in the head and blowing up her body with plastic explosives in October 2006. They remain on death row awaiting appeal.

Razak Baginda, Altantuya’s ex-lover, was charged with abetting the murder but was released without having to put up a defence. He left the country following the acquittal and now lives in Britain with his family.

 The lawyer for Teoh Beng Hock’s family doubts they will be treated fairly by an Attorney-General who is “clearly playing the fool” by saying he “prosecutes without control over investigations.”

Three Malaysian Anti-Corruption Commission officers implicated by the Teoh Beng Hock Royalcommission of inquiry have been cleared of wrongdoing.

In a Parliamentary written reply, de factoLaw Minister Nazri Abdul Aziz said the trio have been cleared by the Attorney-General’s Chambers.”Thus, no action will be taken against the three officers,” he said.

Nazri was responding to a question by Gopeng MP Dr Lee Boon Chye, who asked the government to specify what kind of action has been taken against the trio.

The three-member RCI led by former Court of Appeal judge Steve Shim had found the three MACC officers’ aggressive interrogation tactics have contributed to Teoh’s death on July 16, 2009.

The trio are then-Selangor MACC Deputy Director Hishammuddin Hashim, Assistant Enforcement Office Arman Alies and Assistant Superintendent Mohd Ashraf Mohd Yunus.

They were suspended in July last year pending investigations. Hishamuddin has since been promoted to Negeri Sembilan MACC Director while the current status of Arman and Mohd Ashraf is unknown.

Mere disciplinary infraction

In the final RCI report recommended MACC to take action against the trio, whom they described as Arman “the bully”, Mohd Ashraf “the abuser” and Hishammuddin “the arrogant leader”.

azlanNazri said that the Attorney-General’s Chambers have examined statements presented by the police who investigated the three based on evidence adduced during the inquest and RCI.

Following this, the Attorney-General’s Chambers found that the trio did not commit a crime based on Penal Code or the MACC Act 2009.

He added that the MACC’s special investigation team had also cleared the trio of violating the Civil Service Regulations (Behaviour and Disciplinary) 1993, MACC Act 2009 and the commission’s internal rules.

“Based on this investigation, it was condluded that only one disciplinary charge can be made against (the trio) – a charge of failing to supervise the witness being investigated,” he said.

In a related development, Nazri was asked by Serdang MP Teo Nie Ching what was the result of investigations against the trio under Section 304A of the Penal Code (death caused by negligence) and Section 120A of the Penal Code (concealing a design to commit an offence).

In his written reply to Teo, Nazri said a police report based on the quoted laws have been made by Teoh’s sister. “The investigation papers have been referred to the state prosecution chief and the Attorney-General’s Chambers for investigations and advice,” he said.

 

Gobind Singh Deo said in a statement sent to The Malaysian Insider that Tan Sri Abdul Gani Patail’s failure to state clearly if the three anti-graft officers who allegedly drove Teoh to suicide would be prosecuted was “highly irresponsible.”

 

 

Gobind asked why the matter was referred back to the MACC when it was the agency’s conduct which was being investigated to begin with. — File pic

“He is clearly playing the fool. The A-G’s stance that he ‘only charge’ and ‘not investigate’ makes no sense at all. What kind of A-G prosecutes only without control over investigations?

“If he didn’t investigate, why were his officers not only present but actively involved in both the inquest and RCI?” the Puchong MP said, referring to the royal commission of inquiry which recommended action be taken against the trio.

“Why is he referring the matter back to the Malaysian Anti-Corruption Commission (MACC) when it is their conduct which is being investigated to begin with? Isn’t this plain ridiculous? There is a conflict,” the DAP leader added.

Gani refused yesterday evening to clarify whether his office would prosecute then-Selangor MACC deputy director Hishammuddin Hashim, assistant enforcement officer Arman Alies and assistant superintendent Mohd Ashraf Mohd Yunus.

He only told reporters that “the case has been referred back to the MACC” after meeting de facto law minister Datuk Seri Nazri Aziz and MACC investigations chief Datuk Mustafar Ali.

“I only charge, not investigate. I don’t want to argue with you,” Gani said when asked about whether there was criminal wrongdoing by the graftbusters.

Gobind, however, said such a response “comes as no surprise” as recent accusations that Gani has repeatedly fabricated evidence “throws serious doubts over the A-G’s partiality.”

“It is somewhat a sorry state of affairs. We have a criminal justice system where the top decision-makers themselves have so many allegations against them. How can we, in these circumstances, expect fairness and results?” he said.

Nazri had said in a written reply in Parliament to Serdang MP Teo Nie Ching on Wednesday that police were investigating the case and the Attorney General’s Chambers was now studying investigation papers after a complaint lodged by Teoh’s sister Lee Lan on October 28 last year.

But Teo, the DAP deputy publicity chief, told reporters yesterday morning that the latest reply contradicted Nazri’s March 29 reply to PKR’s Gopeng MP Lee Boon Chye when he said “the AGC has found no criminal wrongdoing… no legal action will be taken against the three MACC officers.”

The minister in the Prime Minister’s Department had said on October 24, 2011 that the A-G was not pursuing legal action against the three MACC officers implicated in the DAP aide’s 2009 death as no police report had been lodged and there was a lack of investigative evidence.

The Padang Rengas MP refused to comment on the matter yesterday afternoon, only sending a message through his aide for reporters to “clarify with the A-G as his officer provided the response.”

It is somewhat a sorry state of affairs. We have a criminal justice system where the top decision-makers themselves have so many allegations against them. How can we, in these circumstances, expect fairness and results?

Teoh, political aide to Seri Kembangan assemblyman Ean Yong Hian Wah, was found dead on July 16, 2009 on the fifth-floor corridor of the Selangor MACC office in Shah Alam after overnight questioning.

A coroner’s inquest returned an “open verdict”, ruling out both suicide and homicide, leading Datuk Seri Najib Razak to order a royal commission of inquiry (RCI) after a public uproar.

The royal panel found that the three MACC investigating officers involved in the case used “continuous, aggressive and improper questioning tactics on TBH (Teoh Beng Hock) which had breached its existing standard operating procedures” and recommended that action be taken against them.

A previous RCI in 2007 probing allegations that appointments of judges were fixed also recommended action against senior lawyer Datuk V.K. Lingam, tycoon Tan Sri Vincent Tan, Umno secretary-general Datuk Seri Tengku Adnan Tengku Mansor, former Chief Justices Tun Eusoff Chin and Tun Ahmad Fairuz Sheikh Abdul Halim as well as Tun Dr Mahathir Mohamad.

But Gani, who has been A-G since 2002, has not prosecuted any individual implicated in either RCI.

His failure do so, combined with allegations by former senior police officers that he fabricated evidence in high-profile cases such as Datuk Seri Anwar Ibrahim’s “black eye” case in 1998, has led to calls that a tribunal be set up to investigate the claims of misconduct.

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