A-G Gani Patail should be suspended!

by Din Merican

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!