NOV 15 — Wanted: Attorney-General with ability to marshal strong prosecution team and achieve some degree of success in high-profile cases.
Caveat: present holder of the position need not apply.
The inability of the Attorney-General’s Chambers in even making a prima facie case against Abdul Razak Baginda in the murder trial of Mongolian model Altantuya Shaariibuu is just the latest in a long line of setbacks that Tan Sri Abdul Gani Patail has presided over since becoming the country’s top legal officer.
Here is a sampling of his list of shame.
The Fu Xian Juang murder trial in September 2005, where the three accused were acquitted without defence being called. High Court judge Datuk Abdul Musa said there were clear unresolved doubts and unanswered questions in the prosecution’s case. After a trial lasting 36 days and with 39 prosecution witnesses having given evidence, High Court judge Datuk Kadir Musa found that the prosecution had not brought forward any evidence which could implicate the accused in the murder and that there had been no “prima facie” case made out to warrant the defence being called to answer the charge. The prosecution had apparently omitted to call material witnesses, including the investigating officer for the case.
Datuk Norjan Khan Bahadar murder trial in August 2004 where the accused was acquitted when High Court judge Datuk Ian Chin noted that there was little evidence to prove that the accused knew the victim.
Noritta Samsuddin murder trial in July 2004 where the Court of Appeal judge Datuk Mokhtar Sidin noted that to establish a prima facie case, the prosecution had to prove that death had occurred, that the accused was responsible for Noritta’s death and that the act was done with the intention of causing her death. The Court of Appeal said the only fact proven was that Noritta was dead.
The corruption case involving Tan Sri Eric Chia, the former managing director of Perwaja Steel. He was acquitted after 43 days of trial without his defence being called. The High Court judge heavily criticised the conduct of the prosecution, especially their failure to call several key witnesses who had obvious knowledge of the material elements of the case. With reference to particular key witnesses from Japan, the judge questioned whether it was the Japanese witnesses who were “reluctant” to come or “the prosecution was the one reluctant to bring them here”.
The Altantuya Shaariibuu murder trial will also go on record as one of the longest trials in Malaysian history. After more than 150 days, Abdul Razak was cleared of abetting the murder. Two police officers have been called to enter their defence. The presiding judge said that the prosecution had not been able to make a prima facie case against Abdul Razak and had not rebutted points which he made in his affidavit. In any other field or enterprise, such a dismal record would have merited a dismissal.
Think about it.
If the Malaysian badminton team won only friendly matches but failed miserably at the Thomas Cup, All-England, Asian Games and Olympics, there would be calls for Misbun Sidek and Rexy Mainaky to step down. Or at least, both of these coaches would have offered to resign, especially if their charges failed to clear the first round of the contest.
Losing a case without the defence being called is akin to being shown the exit in the first round. It means that the courts do not believe that the prosecution has met even the minimum standard in the case.
Veteran lawyer Raja Aziz Addruse noted recently that as it is the taxpayers’ funds that ultimately pay for all criminal prosecutions, they have a vested interest in knowing how such cases, which appear to be ill-prepared, can be brought to trial.
“It is imperative that the Attorney General’s wide powers be subject to close scrutiny and not be permitted to be exercised arbitrarily. If the government is truly serious in wanting to improve and restore public confidence in the administration of justice in this country, it must be prepared to review the presently unfettered powers of the Attorney-General… There is currently no formal mechanism requiring the Attorney-General to account for his conduct in relation to prosecutions of criminal proceedings. In spite of the wide powers he wields, he has no duty to report to the prime minister, cabinet or Parliament. There has been no call for him to account for the failure of a number of high-profile prosecutions, which commenced with much fanfare but ended up being a waste of funds.”
Raja Aziz and others believe that there should be a move to limit the powers of the AG in Malaysia, noting that he is both chief legal adviser to the government as well as public prosecutor.
This dual role opens him up to a conflict of interest situation.
The Malaysian Insider has learnt that moves to limit the powers of the AG have met with some resistance in the Cabinet and from the AG himself.
And it is unlikely that Prime Minister Datuk Seri Abdullah Ahmad Badawi — with a full plate of reforms to push through before March — will be inclined to use whatever goodwill and power he has left to re-examine legislation covering the AG’s powers in Malaysia.
But he still has the power to hire and fire. Few Malaysians will blame him for appointing a new AG to restore some confidence back in the system.
- The Malaysian Insider
Saturday, November 15, 2008
Wednesday, November 5, 2008
Despite Acquittal, Altantuya Case Continues
Despite Acquittal, Altantuya Case Continues
Written by William Kennedy
Thursday, November 06, 2008.
A TOP suspect in the S.Altantuya murder case, Abdul Razak Baginda, received an acquittal from Malaysia’s High Court last week, but the saga that began with the shocking death of a female Mongolian translator in 2006 may not be over.
Some news sources state that Altantuya’s father, Dr S.Shaariibuu, a Professor at Mongolia’s National University, may seek to appeal the ruling and has already issued a request—with the help of Mongolia’s government—to keep Razak in prison during the process.
While several Mongolian newspapers question these developments, following the trial, without directly criticizing the verdict, Shaariibuu expressed his disappointment with the outcome.
“My daughter was murdered for a reason,” he told Malaysian media outlets. “Many questions remained unanswered.”
He also made it clear that his involvement in the case has not yet ended. “The journey in a man’s life is a long road,” he said. “We never know if our paths will meet again. I, however, believe Razak’s path and mine will cross again.”
Razak is the most prominent of three men charged in the slaying of Altantuya. An associate and friend of the Malaysia’s Deputy Prime Minister, Razak has confessed to having an affair with Altantuya, but has repeatedly denied any involvement with her death. The cases other two defendants, Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, will go on trial next week. The two men, who served as guards for Najib, are accused of shooting Altantuya to death and then detonating her remains with explosives.
These trials may hold new surprises for a case that has already revealed a number of twists. Some of the most notable include claims from a blogger and a private detective that Prime Minister Najib has a much closer connection to the case than he admits. Whatever the true nature of his involvement, due to his close relationship with Razak, allegations and rumors about political interference have surrounded the case since it opened.
Last week however, in addition to the acquittal, Najib and Razak received welcome news when Mongolia’s Honorary Consul in Malaysia Datuk Syed Abdul Rahman Alhabshi issued a statement saying he did not believe political obstruction occurred in the trial.
He said that justice was served in the case, but he added, “whether the justice will be respected by the world, only God knows.”
Some people throughout the world, including Malaysians, have continue to express skepticism about the validity of the trial, but at least for Razak, the not-guilty verdict will stand unless and until the High-Court receives and accepts an appeal.
Written by William Kennedy
Thursday, November 06, 2008.
A TOP suspect in the S.Altantuya murder case, Abdul Razak Baginda, received an acquittal from Malaysia’s High Court last week, but the saga that began with the shocking death of a female Mongolian translator in 2006 may not be over.
Some news sources state that Altantuya’s father, Dr S.Shaariibuu, a Professor at Mongolia’s National University, may seek to appeal the ruling and has already issued a request—with the help of Mongolia’s government—to keep Razak in prison during the process.
While several Mongolian newspapers question these developments, following the trial, without directly criticizing the verdict, Shaariibuu expressed his disappointment with the outcome.
“My daughter was murdered for a reason,” he told Malaysian media outlets. “Many questions remained unanswered.”
He also made it clear that his involvement in the case has not yet ended. “The journey in a man’s life is a long road,” he said. “We never know if our paths will meet again. I, however, believe Razak’s path and mine will cross again.”
Razak is the most prominent of three men charged in the slaying of Altantuya. An associate and friend of the Malaysia’s Deputy Prime Minister, Razak has confessed to having an affair with Altantuya, but has repeatedly denied any involvement with her death. The cases other two defendants, Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, will go on trial next week. The two men, who served as guards for Najib, are accused of shooting Altantuya to death and then detonating her remains with explosives.
These trials may hold new surprises for a case that has already revealed a number of twists. Some of the most notable include claims from a blogger and a private detective that Prime Minister Najib has a much closer connection to the case than he admits. Whatever the true nature of his involvement, due to his close relationship with Razak, allegations and rumors about political interference have surrounded the case since it opened.
Last week however, in addition to the acquittal, Najib and Razak received welcome news when Mongolia’s Honorary Consul in Malaysia Datuk Syed Abdul Rahman Alhabshi issued a statement saying he did not believe political obstruction occurred in the trial.
He said that justice was served in the case, but he added, “whether the justice will be respected by the world, only God knows.”
Some people throughout the world, including Malaysians, have continue to express skepticism about the validity of the trial, but at least for Razak, the not-guilty verdict will stand unless and until the High-Court receives and accepts an appeal.
Tuesday, October 14, 2008
Lim dakwa siasatan dapati AG salah guna kuasa
Lim dakwa siasatan dapati AG salah guna kuasa
Beh Lih Yi | Oct 15, 08 1:17pm
Lim Kit Siang mendakwa di Dewan Rakyat hari ini bahawa siasatan peringkat tertinggi telah 'mengesahkan' bahawa Peguam Negara, Tan Sri Abdul Gani Patail telah menyalahgunakan kuasanya untuk mereka bukti dalam perbicaraan Datuk Anwar Ibrahim 10 tahun lalu.
Lim (DAP-Ipoh Timur) membuat dakwaan tersebut ketika membahaskan Bajet 2009 pagi ini.
Memetik sumber-sumber yang tidak dinamainya, Lim memberitahu Dewan Rakyat bahawa beliau difahamkan bahawa Ketua Peguam Cara Negara, Datuk Idrus Harun telah menjalankan siasatan terhadap dakwaan tersebut pada Julai.
Katanya, beliau mendapat tahu yang ketua peguam cara negara telah membuat kesimpulan bahawa Gani memang telah menyalahgunakan kuasanya untuk mereka-reka bukti terhadap ahli parlimen Permatang Pauh, yang juga ketua pembangkang.
Ekoran itu, Lim mendesak Abdul Gani supaya meletakkan jawatannya serta-merta.
"Bagaimana kita hendak benarkan seorang penjenayah (berkhidmat) sebagai AG (peguam negara)? Apa yang sedang berlaku kepada Malaysia?"
Dakwaan bahawa Abdul Gani (kiri) dan Ketua Polis Negara, Tan Sri Musa Hassan mencipta bukti dalam perbicaraan Anwar 10 tahun lalu, muncul semula dalam satu dokumen mahkamah seorang anggota polis yang telah bersara.
Mat Zain Ibrahim, yang mengetuai siasatan terhadap insiden "mata lebam" yang membabitkan Anwar pada 1998, membayangkan dalam dokumen tersebut, bahawa Abdul Gani melengah-lengahkan proses siasatan dan menyembunyikan fakta-fakta penting dalam kes tersebut daripada pengetahuan peguam negara ketika itu, Tan Sri Mohtar Abdullah.
Abdul Gani ketika itu seorang timbalan kanan pendakwaraya.
Anwar telah membuat dakwaan yang sama terhadap Abdul Gani dan Musa dalam laporan polisnya Julai lalu, tetapi kedua-duanya telah menafikan dakwaan tersebut.
Musa telah memfailkan saman fitnah terhadap Anwar, manakala Abdul Gani juga turut menyuaratkan hasratnya untuk menyaman bekas timbalan perdana menteri itu.
Lim memberitahu pemberita di lobi Parlimen kemudiannya bahawa siasatan tersebut telah dijalankan selepas Anwar membuat laporan polis tersebut.
Pagi tadi, pemimpin kanan DAP itu terbabit dalam perang mulut dengan para penyokong kerajaan, serta memanggil sama sama lain sebagai "orang utan".
Beh Lih Yi | Oct 15, 08 1:17pm
Lim Kit Siang mendakwa di Dewan Rakyat hari ini bahawa siasatan peringkat tertinggi telah 'mengesahkan' bahawa Peguam Negara, Tan Sri Abdul Gani Patail telah menyalahgunakan kuasanya untuk mereka bukti dalam perbicaraan Datuk Anwar Ibrahim 10 tahun lalu.
Lim (DAP-Ipoh Timur) membuat dakwaan tersebut ketika membahaskan Bajet 2009 pagi ini.
Memetik sumber-sumber yang tidak dinamainya, Lim memberitahu Dewan Rakyat bahawa beliau difahamkan bahawa Ketua Peguam Cara Negara, Datuk Idrus Harun telah menjalankan siasatan terhadap dakwaan tersebut pada Julai.
Katanya, beliau mendapat tahu yang ketua peguam cara negara telah membuat kesimpulan bahawa Gani memang telah menyalahgunakan kuasanya untuk mereka-reka bukti terhadap ahli parlimen Permatang Pauh, yang juga ketua pembangkang.
Ekoran itu, Lim mendesak Abdul Gani supaya meletakkan jawatannya serta-merta.
"Bagaimana kita hendak benarkan seorang penjenayah (berkhidmat) sebagai AG (peguam negara)? Apa yang sedang berlaku kepada Malaysia?"
Dakwaan bahawa Abdul Gani (kiri) dan Ketua Polis Negara, Tan Sri Musa Hassan mencipta bukti dalam perbicaraan Anwar 10 tahun lalu, muncul semula dalam satu dokumen mahkamah seorang anggota polis yang telah bersara.
Mat Zain Ibrahim, yang mengetuai siasatan terhadap insiden "mata lebam" yang membabitkan Anwar pada 1998, membayangkan dalam dokumen tersebut, bahawa Abdul Gani melengah-lengahkan proses siasatan dan menyembunyikan fakta-fakta penting dalam kes tersebut daripada pengetahuan peguam negara ketika itu, Tan Sri Mohtar Abdullah.
Abdul Gani ketika itu seorang timbalan kanan pendakwaraya.
Anwar telah membuat dakwaan yang sama terhadap Abdul Gani dan Musa dalam laporan polisnya Julai lalu, tetapi kedua-duanya telah menafikan dakwaan tersebut.
Musa telah memfailkan saman fitnah terhadap Anwar, manakala Abdul Gani juga turut menyuaratkan hasratnya untuk menyaman bekas timbalan perdana menteri itu.
Lim memberitahu pemberita di lobi Parlimen kemudiannya bahawa siasatan tersebut telah dijalankan selepas Anwar membuat laporan polis tersebut.
Pagi tadi, pemimpin kanan DAP itu terbabit dalam perang mulut dengan para penyokong kerajaan, serta memanggil sama sama lain sebagai "orang utan".
Monday, July 7, 2008
And the winner is………..
Yes, this looks bad for Najib, as well as for Anwar. And it certainly looks like Najib is behind the second SD as well as the sodomy allegation against Anwar -- while Anwar, in turn, is seen as behind the first SD that links Najib to Altantuya.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
I said in an earlier article in this same column that Prime Minister Abdullah Ahmad Badawi should be out of office by Christmas. And his successor, I predicted, could either be Deputy Prime Minister Najib Tun Razak, aspirant Tengku Razaleigh Hamzah, or opposition head honcho Anwar Ibrahim. I have also always said that seven days is a long time in politics. What more seven months. And the fact that political fortunes change, subject to both internal as well as external factors beyond your control, means that the situation is always very fluid indeed.
Soon after the 12th General Election of 8 March 2008, the pressure mounted, not only for Abdullah to resign, but also for him to confirm his exit plan with details such as his resignation date and the name of his successor. The pressure, in fact, started in mid-2006 when Tun Dr Mahathir Mohamad first launched his salvo against Abdullah at a dialogue session in Kelab Century Paradise jointly-organised by Malaysia Today and a couple of NGOs. For almost two years Mahathir continued his attacks on Abdullah, interrupted in between by a couple of heart attacks and a heart operation.
Abdullah was up against two fronts -- internally from the Najib and Tengku Razaleigh forces and externally from Pakatan Rakyat led by Anwar Ibrahim. Of course, Pakatan Rakyat did not really pose that much a threat until after the general election when it managed to grab five states and 82 Parliament seats -- which resulted, for the first time, in Barisan Nasional losing its two-thirds majority in Parliament. It did happen once before, of course. But, then, it was the Alliance Party of Umno, MCA and MIC that lost its two-thirds majority -- but they managed to regain their majority when Barisan Nasional was formed and all the opposition parties except DAP joined the new coalition (although PAS left the coalition almost three years later and has remained in the opposition ever since).
There is another internal force, a fifth column, which is headed by Muhyiddin Yassin. But Muhyiddin has been very cautious in not openly siding with any of the three factions of Abdullah, Najib and Tengku Razaleigh. He is very cleverly building up his support base, which can later swing to any of the three factions depending on who has the best chance of winning. In that sense, Muhyiddin can play the role of kingmaker if he so wishes and in the event he feels he can never make it on his own unless he joins forces with Abdullah, Najib or Tengku Razaleigh.
Muhyiddin is no direct threat. He will only become a threat if he manages to build up enough support and then throws this support behind one of the three contenders. And that contender will most certainly be the candidate who has the best chance of winning. But then, who is it the contender that has the best chance of winning? That is something that is very fluid and keeps changing week to week.
By mid-June 2008, it appeared like Najib and Anwar were the two hot favourites. When Najib visited the Umno divisions, the grass-root members cheered him and ‘proclaimed’ him the new Umno President cum Prime Minister. This even happened in Abdullah’s own division. And Muhyiddin, who was there by his side, was cheered as the new Umno Deputy President -- although he feigned ‘shyness’ in typical Malay fashion. It looked like Najib was set to become the new Umno President with Muhyiddin as his running mate, which means they will be Malaysia’s new Prime Minister and Deputy Prime Minister respectively.
But then this will only happen if Anwar does not pull a coup. Anwar had boldly proclaimed many times that he will form the new federal government by Malaysia Day, 16 September 2008, and that at least 30 Barisan Nasional Members of Parliament are waiting in the wings and ready to cross over. The race was on. Either Najib pushes Abdullah out before 16 September or else he will be pushing Abdullah out just to become the opposition leader in Parliament and not the Prime Minister of Malaysia.
It was now either Najib or Anwar. And there was also Tengku Razaleigh and Muhyiddin to contend with, though not as potent as Najib and Anwar. Tengku Razaleigh and Muhyiddin are not too serious a problem, though problems nevertheless. It was Najib and Anwar who have to be dealt with, and dealt with before the Umno branch elections start this month and the division elections in August.
Suddenly, Najib and Anwar are facing controversy -- Najib with his Altantuya murder controversy and Anwar in a new sodomy allegation. Now Najib and Anwar have their hands full. They are busy clearing their names and have no time to worry about taking over the Prime Ministership. The issue is no longer which of the two can become the next Prime Minister but whether they can even stay out of jail. That is a more pressing problem. The job of Prime Minister will have to wait.
Saiful, the man who alleged that Anwar had sodomised him met Najib just before he lodged that police report against Anwar. At first Najib denied meeting the young man. Then, later, he admits that he did meet the chap after all, but only to discuss the young man’s career and future and to help him obtain a scholarship.
The earlier denial followed by the later admission does not augur well for Najib. The fact that a very busy Deputy Prime Minister has all the time in the world to meet a school dropout so that he can act as the latter’s career guidance counsellor is also a story many find hard to buy. Events and statements point to the fact that Najib is behind this latest sodomy allegation against Anwar.
That, at least, is what we are being led to believe. But what we have not been told is that Saiful was trained by the BTN (Biro Tata Negara), Malaysia’s propaganda outfit and an outfit headed by Abdullah loyalists. We are told that Saiful first surfaced a week or so before the 8 March 2008 general election when he reported to PKR’s party HQ as an election volunteer. Where did he come from and who brought him into the party HQ?
Yes, that is the most crucial question. Saiful did not just turn up on the doorstep of the party HQ from nowhere. He was brought in by his very close friend, the son of the late Dato Nasaruddin Jalil and an Anwar aide. That’s right. According to Dato Nasaruddin’s wife, her son and Saiful are bosom buddies. Then, something strange happened. Dato Nasaruddin’s son was mysteriously killed by a hit-and-run driver. No one knows how it happened or who killed him. But, after that most tragic ‘accident’, Saiful stayed on to become one of the temporary staff of the party.
Was Dato Nasaruddin’s son’s death an accident? Is there something more sinister than just an unsolved hit-and-run accident? I suppose we shall never know the answer to that one and it may forever remain in the books as an accident or a victim of a hit-and-run. But what we do know is that the young man whom Dato Nasaruddin’s son brought into the party got elevated from a volunteer to a temporary staff of the party.
The Muftis of Perlis and Perak have suggested that Anwar come out and swear an oath that he is innocent of the allegation of sodomising Saiful. That would be the only way he can clear his name. It is not known yet if he will do that but, if he does not, then the dark cloud hanging over his head will remain there. There would be no other way that Anwar can clear his name.
Anwar also has to explain what he was doing at that upmarket condo. Yes, I too have clandestine meetings with my many Deep Throats at secret locations such as hotel rooms and apartments. But then I always bring along witnesses to ensure that I have an alibi in the event someone spots me and accuse me of having secret rendezvous for purposes of sex.
But Anwar’s case is more complex. I was told they have photographs of Anwar and Saiful going into one of the rooms of the One World hotel escorted by another man. If these photographs surface and Anwar cannot explain what is going on, then he may cease to be a threat to Abdullah. Abdullah then has only to take care of Najib.
The Statutory Declaration (SD) by the private investigator, Bala, has hurt Najib a lot. But the retraction or second SD the following day, which deletes all references to Najib, is even more damaging than the first one. If anyone had any doubts and thought that maybe Bala was fixing Najib up with his first SD, the second SD removed those doubts. Now, people are even more convinced that Najib is guilty. If not then why amend the first SD but only as far as Najib’s name is concerned whereas all the other allegations remain the same?
Bala’s first SD was not done in a hurry. It took numerous meetings over two months to finalise the SD. Bala had plenty of time to change his mind over those two months. And how can you say that you signed the SD under duress when it was done over many meetings over two months?
But the second SD was done only a few hours after the first one surfaced. And it was done after his visit to the police station. That gives an appearance of duress. And the fact he does not say that the entire SD is false but only as far as Najib’s name is concerned gives an impression that Najib is behind the second SD and that it was done to clear his name. Why would Najib go to all this trouble if he were innocent?
I met Bala on 2 July 2008 and was with him for about six hours from 6.30pm. He was jovial and chatty and joked that my SD two weeks earlier had stolen the thunder from his. Now, his has become the second SD instead of the first as he had hoped. After the press conference of 3 July 2008 we had lunch and he was still as jovial and chatty as the night before. He was now the superstar and he was relishing every minute of it. We agreed to meet on Saturday night (tonight) to party and celebrate the ‘success’ of his SD. Then, yesterday, the bombshell.
Yes, this looks bad for Najib, as well as for Anwar. And it certainly looks like Najib is behind the second SD as well as the sodomy allegation against Anwar -- while Anwar, in turn, is seen as behind the first SD that links Najib to Altantuya. In one swoop, both Najib and Anwar are brought down. And this means Abdullah has now rid himself of two serious problems. And with these two serious threats neutralised Abdullah can now take care of the lesser threats of Tengku Razaleigh and Muhyiddin.
I might not like Abdullah but I must certainly admire his skills. He looks stupid, he talks stupid, he acts stupid, but a man who can make you think he is stupid is actually cleverer than you.
Yes, it looks like Abdullah will still be Umno President and Prime Minister of Malaysia come Christmas. I would not have said this three weeks ago but today I say this with confidence. And while Najib and Anwar finish each other off, Abdullah is giggling in the background and choosing the Christmas tree that he will erect in Putrajaya come December.
Well done, Pak Lah. Brilliant moves. Now let’s see how Najib and Anwar extricate themselves from the mess they are currently in.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
I said in an earlier article in this same column that Prime Minister Abdullah Ahmad Badawi should be out of office by Christmas. And his successor, I predicted, could either be Deputy Prime Minister Najib Tun Razak, aspirant Tengku Razaleigh Hamzah, or opposition head honcho Anwar Ibrahim. I have also always said that seven days is a long time in politics. What more seven months. And the fact that political fortunes change, subject to both internal as well as external factors beyond your control, means that the situation is always very fluid indeed.
Soon after the 12th General Election of 8 March 2008, the pressure mounted, not only for Abdullah to resign, but also for him to confirm his exit plan with details such as his resignation date and the name of his successor. The pressure, in fact, started in mid-2006 when Tun Dr Mahathir Mohamad first launched his salvo against Abdullah at a dialogue session in Kelab Century Paradise jointly-organised by Malaysia Today and a couple of NGOs. For almost two years Mahathir continued his attacks on Abdullah, interrupted in between by a couple of heart attacks and a heart operation.
Abdullah was up against two fronts -- internally from the Najib and Tengku Razaleigh forces and externally from Pakatan Rakyat led by Anwar Ibrahim. Of course, Pakatan Rakyat did not really pose that much a threat until after the general election when it managed to grab five states and 82 Parliament seats -- which resulted, for the first time, in Barisan Nasional losing its two-thirds majority in Parliament. It did happen once before, of course. But, then, it was the Alliance Party of Umno, MCA and MIC that lost its two-thirds majority -- but they managed to regain their majority when Barisan Nasional was formed and all the opposition parties except DAP joined the new coalition (although PAS left the coalition almost three years later and has remained in the opposition ever since).
There is another internal force, a fifth column, which is headed by Muhyiddin Yassin. But Muhyiddin has been very cautious in not openly siding with any of the three factions of Abdullah, Najib and Tengku Razaleigh. He is very cleverly building up his support base, which can later swing to any of the three factions depending on who has the best chance of winning. In that sense, Muhyiddin can play the role of kingmaker if he so wishes and in the event he feels he can never make it on his own unless he joins forces with Abdullah, Najib or Tengku Razaleigh.
Muhyiddin is no direct threat. He will only become a threat if he manages to build up enough support and then throws this support behind one of the three contenders. And that contender will most certainly be the candidate who has the best chance of winning. But then, who is it the contender that has the best chance of winning? That is something that is very fluid and keeps changing week to week.
By mid-June 2008, it appeared like Najib and Anwar were the two hot favourites. When Najib visited the Umno divisions, the grass-root members cheered him and ‘proclaimed’ him the new Umno President cum Prime Minister. This even happened in Abdullah’s own division. And Muhyiddin, who was there by his side, was cheered as the new Umno Deputy President -- although he feigned ‘shyness’ in typical Malay fashion. It looked like Najib was set to become the new Umno President with Muhyiddin as his running mate, which means they will be Malaysia’s new Prime Minister and Deputy Prime Minister respectively.
But then this will only happen if Anwar does not pull a coup. Anwar had boldly proclaimed many times that he will form the new federal government by Malaysia Day, 16 September 2008, and that at least 30 Barisan Nasional Members of Parliament are waiting in the wings and ready to cross over. The race was on. Either Najib pushes Abdullah out before 16 September or else he will be pushing Abdullah out just to become the opposition leader in Parliament and not the Prime Minister of Malaysia.
It was now either Najib or Anwar. And there was also Tengku Razaleigh and Muhyiddin to contend with, though not as potent as Najib and Anwar. Tengku Razaleigh and Muhyiddin are not too serious a problem, though problems nevertheless. It was Najib and Anwar who have to be dealt with, and dealt with before the Umno branch elections start this month and the division elections in August.
Suddenly, Najib and Anwar are facing controversy -- Najib with his Altantuya murder controversy and Anwar in a new sodomy allegation. Now Najib and Anwar have their hands full. They are busy clearing their names and have no time to worry about taking over the Prime Ministership. The issue is no longer which of the two can become the next Prime Minister but whether they can even stay out of jail. That is a more pressing problem. The job of Prime Minister will have to wait.
Saiful, the man who alleged that Anwar had sodomised him met Najib just before he lodged that police report against Anwar. At first Najib denied meeting the young man. Then, later, he admits that he did meet the chap after all, but only to discuss the young man’s career and future and to help him obtain a scholarship.
The earlier denial followed by the later admission does not augur well for Najib. The fact that a very busy Deputy Prime Minister has all the time in the world to meet a school dropout so that he can act as the latter’s career guidance counsellor is also a story many find hard to buy. Events and statements point to the fact that Najib is behind this latest sodomy allegation against Anwar.
That, at least, is what we are being led to believe. But what we have not been told is that Saiful was trained by the BTN (Biro Tata Negara), Malaysia’s propaganda outfit and an outfit headed by Abdullah loyalists. We are told that Saiful first surfaced a week or so before the 8 March 2008 general election when he reported to PKR’s party HQ as an election volunteer. Where did he come from and who brought him into the party HQ?
Yes, that is the most crucial question. Saiful did not just turn up on the doorstep of the party HQ from nowhere. He was brought in by his very close friend, the son of the late Dato Nasaruddin Jalil and an Anwar aide. That’s right. According to Dato Nasaruddin’s wife, her son and Saiful are bosom buddies. Then, something strange happened. Dato Nasaruddin’s son was mysteriously killed by a hit-and-run driver. No one knows how it happened or who killed him. But, after that most tragic ‘accident’, Saiful stayed on to become one of the temporary staff of the party.
Was Dato Nasaruddin’s son’s death an accident? Is there something more sinister than just an unsolved hit-and-run accident? I suppose we shall never know the answer to that one and it may forever remain in the books as an accident or a victim of a hit-and-run. But what we do know is that the young man whom Dato Nasaruddin’s son brought into the party got elevated from a volunteer to a temporary staff of the party.
The Muftis of Perlis and Perak have suggested that Anwar come out and swear an oath that he is innocent of the allegation of sodomising Saiful. That would be the only way he can clear his name. It is not known yet if he will do that but, if he does not, then the dark cloud hanging over his head will remain there. There would be no other way that Anwar can clear his name.
Anwar also has to explain what he was doing at that upmarket condo. Yes, I too have clandestine meetings with my many Deep Throats at secret locations such as hotel rooms and apartments. But then I always bring along witnesses to ensure that I have an alibi in the event someone spots me and accuse me of having secret rendezvous for purposes of sex.
But Anwar’s case is more complex. I was told they have photographs of Anwar and Saiful going into one of the rooms of the One World hotel escorted by another man. If these photographs surface and Anwar cannot explain what is going on, then he may cease to be a threat to Abdullah. Abdullah then has only to take care of Najib.
The Statutory Declaration (SD) by the private investigator, Bala, has hurt Najib a lot. But the retraction or second SD the following day, which deletes all references to Najib, is even more damaging than the first one. If anyone had any doubts and thought that maybe Bala was fixing Najib up with his first SD, the second SD removed those doubts. Now, people are even more convinced that Najib is guilty. If not then why amend the first SD but only as far as Najib’s name is concerned whereas all the other allegations remain the same?
Bala’s first SD was not done in a hurry. It took numerous meetings over two months to finalise the SD. Bala had plenty of time to change his mind over those two months. And how can you say that you signed the SD under duress when it was done over many meetings over two months?
But the second SD was done only a few hours after the first one surfaced. And it was done after his visit to the police station. That gives an appearance of duress. And the fact he does not say that the entire SD is false but only as far as Najib’s name is concerned gives an impression that Najib is behind the second SD and that it was done to clear his name. Why would Najib go to all this trouble if he were innocent?
I met Bala on 2 July 2008 and was with him for about six hours from 6.30pm. He was jovial and chatty and joked that my SD two weeks earlier had stolen the thunder from his. Now, his has become the second SD instead of the first as he had hoped. After the press conference of 3 July 2008 we had lunch and he was still as jovial and chatty as the night before. He was now the superstar and he was relishing every minute of it. We agreed to meet on Saturday night (tonight) to party and celebrate the ‘success’ of his SD. Then, yesterday, the bombshell.
Yes, this looks bad for Najib, as well as for Anwar. And it certainly looks like Najib is behind the second SD as well as the sodomy allegation against Anwar -- while Anwar, in turn, is seen as behind the first SD that links Najib to Altantuya. In one swoop, both Najib and Anwar are brought down. And this means Abdullah has now rid himself of two serious problems. And with these two serious threats neutralised Abdullah can now take care of the lesser threats of Tengku Razaleigh and Muhyiddin.
I might not like Abdullah but I must certainly admire his skills. He looks stupid, he talks stupid, he acts stupid, but a man who can make you think he is stupid is actually cleverer than you.
Yes, it looks like Abdullah will still be Umno President and Prime Minister of Malaysia come Christmas. I would not have said this three weeks ago but today I say this with confidence. And while Najib and Anwar finish each other off, Abdullah is giggling in the background and choosing the Christmas tree that he will erect in Putrajaya come December.
Well done, Pak Lah. Brilliant moves. Now let’s see how Najib and Anwar extricate themselves from the mess they are currently in.
Friday, June 20, 2008
Rosmah at murder scene
My informer states that Acting Colonel Aziz Buyong was the person who placed the C4 on various parts of Altantuya’s body while being witnessed by Datin Seri Rosmah Mansor and Norhayati.
NO HOLDS BARRED
Raja Petra Kamarudin
"It's mindboggling!" - That's how Raja Petra Kamarudin's statutory declaration alleging that Deputy Prime Minister Najib's wife was at the murder scene of Mongolian national Altantuya Shaariibuu was described today.
An aide to Najib Abdul Razak also said they were aware of this latest claim made by Raja Petra, who also runs the 'Malaysia Today' website.
"At the moment, we are looking into it. This is a very mind-boggling statutory declaration," said the aide when contacted.
The latest allegation hurled at Rosmah Mansor was made by well-known blogger Raja Petra Kamarudin via a statutory declaration (below) signed at the Kuala Lumpur High Court on Wednesday.
The aide however refused to comment if any action could be taken against Raja Petra.
Najib and Rosmah (left) have repeatedly denied they are linked to the killing of Altantuya, describing the widely-known allegations was nothing more than ‘slander and concocted stories’.
In his latest bombshell, Raja Petra accused Rosmah as among three individuals who were present when Altantuya was murdered on October 19, 2006.
"I have been reliably informed that between about 10pm on October 19, 2006 and early hours of the following day, the night Altantuya Shaariibuu was murdered, three other people were also present at the scene of crime," he said, according to his two-page statutory declaration.
He named the two other individuals as one acting colonel Aziz Buyong, who is described as ‘a C4 expert’ and the latter’s wife, known only as Norhayati, who is also said to be Rosmah’s aide de camp.
‘A crime not to reveal’
Altantuya’s body is alleged to have been blown up with C4 explosives at a secondary forest in Puncak Alam, Shah Alam. The murder trial is currently ongoing at the Shah Alam High Court.
"My informer states that Aziz was the person who placed the C4 on various parts of Altantuya’s body witnessed by Rosmah and Norhayati," Raja Petra claimed in the document.
"I make this statutory declaration because I have been reliably informed about the involvement of these three people who have thus far not been implicated in the murder nor called as witnesses by the prosecution in the ongoing trial at the Shah Alam High Court.
"I also make this statutory declaration because I am aware that it is a crime not to reveal evidence that may help the police in its investigation of the crime," read the document, which was first posted on the bigdogdotcom blog run by another blogger.
Raja Petra, contacted by Malaysiakini, has confirmed the content of the document.
He further alleged that he has also been ‘reliably informed’ that Prime Minister Abdullah Ahmad Badawi knows of Najib's (right) wife alleged involvement.
"[...] Abdullah has received a written report from military intelligence confirming what I have revealed and this report was subsequently handed over to his son-in-law Khairy Jamaluddin for safekeeping," he said.
Apart from Abdullah and Khairy, Raja Petra claimed "one of the (Malay) Rulers" has also been briefed about the matter and is fully aware of the allegation.
He said he has agreed not to reveal their names other than mention that the prime minister and his son-in-law have been given a copy of the military intelligence’s report.
Police inaction over report
"The purpose of this statutory declaration is to urge all these parties who have been duly informed and have knowledge of this matter to come forward to reveal the truth so that the police are able to conduct a proper and thorough investigation into the murder of Altantuya.
"And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declaration Act, 1960," he said in his declaration.
In the phone interview, Raja Petra explained why he did not lodge a police report on the latest allegation which could lead to a fresh police probe on the Altantuya (left) murder.
The blogger said since there was no action over a police report he had lodged in a separate case in 2001 when he was allegedly beaten up by a high-ranking policeman, "I am not bothered in making a police report".
When asked why the document was posted elsewhere instead of his own 'Malaysia Today' site, he retorted: "Why must it be published on my site?"
Raja Petra was called in for police questioning early last month over an article titled ‘Let’s send the Altantuya murderers to hell’ in which he implicated Najib and Rosmah in the high-profile murder case.
A close aide to Najib, political analyst Abdul Razak Baginda and two police special operations force personnel have been charged with the murder of the Mongolian national.
All three have pleaded not guilty for the ongoing trial. They face the death sentence should they be found guilty. (MALAYSIAKINI.COM)
STATUTORY DECLARATION
I, RAJA PETRA BIN RAJA KAMARUDIN (IC No: 500927-71-5257), a Malaysian citizen of legal age residing at No. 5, Jalan BRP 5/5, BuKit Rahman Putra, 47000 Sungai Buloh, Selangor Darul Ehsan, do solemnly and sincerely affirm and say as follows:-
1. I have been reliably informed that between about 10 p.m. on 19th October 2006 and early hours of the following day, the night Altantuya Shaariibuu was murdered, three (3) other people were also present at the scene of the crime;
(a) Datin Seri Rosmah Mansor, wife of the Deputy Prime Minister of Malaysia, Dato’ Seri Najib Tun Razak
(b) Acting Colonel Aziz Buyong (then Lt. Col.) a C4 expert
(c) Acting Colonel Aziz’s wife, Norhayati (one of Rosmah’s ADC)
2. My informer states that Acting Colonel Aziz Buyong was the person who placed the C4 on various parts of Altantuya’s body while being witnessed by Datin Seri Rosmah Mansor and Norhayati.
3. I make this Statutory Declaration because I have been reliably informed about the involvement of these three people who have thus far not been implicated in the murder nor called as witnesses by the prosecution in the on going trial at the Shah Alam High Court. I also make this Statutory Declaration because I am aware that it is a crime not to reveal evidence that may help the police in its investigation of the crime.
4. I have further been reliably informed that Prime Minister, Dato Seri Abdullah Ahmad Badawi has received a written report from the Military Intelligence confirming what I have revealed above and that the report was subsequently handed over to his son-in-law, Khairy Jamaluddin, for safe-keeping.
5. I have also been reliably informed that one of the Rulers has been briefed about this matter and His Highness is fully aware of what I have revealed above.
6. I have knowledge of who has informed me of this matter plus I have knowledge of the Ruler who has been briefed and is aware of the matter but I have agreed that I shall not reveal this information other than mention that the Prime Minister and his son-in-law have been handed a written report confirming what I have revealed.
7. The purpose of this Statutory Declaration is to urge all these parties who have been duly informed and have knowledge of this matter to come forward to reveal the truth so that the police are able to conduct a proper and thorough investigation into the murder of Altantuya Shaariibuu.
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declaration Act, 1960.
SUBSCRIBED and SOLEMNLY DECLARED )
by the abovenamed RAJA PETRA BIN RAJA KAMARUDIN )
at Makhamah Tinggi Kuala Lumpur )
this 18th day of June 2008 )
Before me,
ADDENDUM
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