2 big men await their fates
Ahmad Fairuz didn't get it.
Power to the Rulers.
Power to the People.
ORIGINAL POST
Two persons are awaiting their fates at this point in time as I blogged this entry.
No news has come out regarding Chief Justice Ahmad Fairuz Sheikh Abdul Halim, who was said to have applied for an extension of his service but was facing severe obstacles.
Ahmad Fairuz's name was linked to alleged brokering of judges' appointments exposed in the Lingam Tape. His tenure as the CJ expires as he turns 66 today.
There is also no news whether Commercial Crime Investigation Department (CCID) director Ramli Yusuff, dubbed the RM27 million man, will be arrested after he spilled the beans yesterday on the police, the ACA, the Attorney-General's Chambers and the Ministry of Internal Security -- all four direct reports to the Prime Minister.
In an unprecedented departure from police culture in Malaysia, he included detailed accounts of investigations against an underworld kingpin in a three-page statement distributed to the press yesterday.
At the press conference, Ramli was adamant that he would not resign even though he claimed the ACA had breached Section 21(4) of the Anti Corruption Act 1964 by leaking the information about his being probed for alleged undeclared assets.
He said he will serve out his tenure as he is due for retirement on December 9 this year. He is slated for leave prior to retirement starting from November 3, during which he would perform his umrah (minor haj) in Mecca.
He said, during his absence, he hoped the issues of his men being mistreated by the ACA, and other irregularities involving the ACA and the AG's Chambers "will be dealt with by the Ministry of Internal Security" of which PM Abdullah is the minister.
He also revealed that, until September 2006, he was cleared of any corruption allegations and was confirmed as a three-star general.
"If I am under ACA investigation, definitely, they won’t confirm my rank," he said. "But, when I was about to get my PGPP (Pingat Gagah Pasukan Polis) - the highest award from the police force - it was cancelled because I was under ACA investigation."
He denied the allegation against him, claiming that his source of income is more than his assets -- even after almost 38 years in the force. "It is up to the ACA to make an evaluation," he said.
Precarious situation
Let's set aside the case of the CJ seeking an extension to his tenure as it is being deliberated by the Conference of Rulers right now.
Let me hasten to put it in context that the Rulers, who normally do not rock the boat, collectively showed their strength earlier this year when they refused to endorse the Prime Minister's candidate for the Chief Judge of Malaya, the third most senior post in Malaysian judiciary.
Ramli's situation is precarious as the stakes are stacked against him. While Ramli's superior, IGP Musa Hassan, was recently given a 2-year extension to his service by the Abdullah Administration about one year ahead of his schedule retirement, Ramli did not indicate he will get the same treatment.
At the explosive press conference yesterday, Ramli had implied the existence of factions in the police force.
However, his claim was denied the same day by Musa, who would only concede a “difference of opinion”.
Interestingly, Musa had recently claimed that he was being framed by his own men after he was cleared of yet another ACA investigation that implicated him, the Inspector-of-Police, in an alleged RM2 million bribery in releasing three gangsters.
What had all these made-by-police exposé meant to you?
Three key questions of governance
According to reporters who covered the press conference, it was Ramli who prodded the journalists to raise as many questions as they liked.
In between, Ramli raised several questions on good governance, or the lack of it, in many high places.
Firstly, was there trial by media to his disadvantage?
Ramli questioned how did the press manage to know about the ACA investigation on him when the notice served on him under Section 32 (1) (A) of the Anti Corruption Act 1964 was supposed to be confidential. Quote Malaysiakini:
“Therefore I don’t know how this could have been leaked. According to New Straits Times and Berita Harian, their source is from the ACA,” he said.
On the effects of the media reports, Ramli said it was embarrassing and had taken a toll on his personal life.
He said it was not fair for the ACA to reveal such information to the press as no action had been taken against him.
“I’ve been suffering for three months since (the news) appeared in the papers. The papers didn’t clarify with me either. I think it’s not fair. I’m an ordinary human being. I have feelings. I have my family,” he said.
Secondly, how well did the ACA protect police informants?
Ramli said there exists a clear and present danger as to the intelligence gathering ability of the police force and its ability to protect its informants.
He added that, when several officers of the CCID investigating into the underworld kingpin and banishing him to Kelantan were arrested and charged in court for allegedly falsifying evidence, the names of the confidential informants have been disclosed in the charge sheets.
He said he was gravely concerned by the manner in which the identities of police informants are dealt with in investigations carried out by the ACA. "The identities of the informants were obtained through the circumvention of the Inspector General's Standing Orders," he said.
On this matter, Ramli paraphrased Prime Minister Abdullah Badawi’s call for authorities to protect whistleblowers.
“So I think we, we as the police force must protect our informants. That is my stand,” he said.
Thirdly, was there political manoeuvring in the AG's Chambers?
Ramli claimed it was unprecedented for an officer of the Attorney-General’s Chambers, attached as the legal adviser of the Ministry of Internal Security, to decline to advise and direct his officers in CCID in the case of underworld kingpin and related activities of crime syndicates involving Datuks and JPs.
Ramli said it was deputy internal security minister Johari Baharom who directed him to investigate Ah Longs which led to the banishment of a gambling kingpin and have him banished to Kelantan.
Press reports later said the ACA and the police Criminal Investigation Department had cleared the Chinese kingpin of any wrongdoing. Subsequently, the kingpin applied to the High Court to set aside the banishment order against him.
He said his officers had to prepare affidavits of the events surrounding the preparation of the investigative papers on the kingpin for the benefit of the deputy minister of internal security -- Johari Baharum.
"Those affidavits were to be filed in the High Court arising from the application by (the kingpin) to have his banishment order set aside," he revealed yesterday.
"Given the constraints of time, we, the officers of the CCID, sought legal advice from a private law practice who advised and assisted in the preparation of the draft affidavits concerned," he added.
"I was under advice at the time that the Attorney-General (Abdul Gani Patail) was under a duty to advise and assist us in the preparation of the said affidavits under Article 145 of the Federal Constitution and the Government Proceedings Act, 1956," he said.
Subsequently, he and his officers were directed to deliver up the confidential case files containing the names of the confidential informants to the Attorney-General's Chambers.
"I have since been aware that officers of the ACA have tracked down these informants and taken statements from them," he said.
"Subsequently, these informants have made further statements in connection with their seeking of protection from the deputy minister of internal security."
Please, oh please don't ask me if Johari Baharum had been of any help, the way Ramli had related to us.
This is 4 years of Abdullah Administration for you. As the two big men await their fates, other Malaysians hang theirs on the line should governance fails further.
UPDATES: The Umno-led Selangor government is tearing down Hindu temple again. Lawyers went to help and were arrested, handcuffed. My colleague blogged: The Police Must Be Crazy.










Just as the foreign press are arranging for media accreditation to cover the event, 



