Tuesday, July 18, 2023

Every minister in my Cabinet is clean, says PM Anwar(Malay Mail) - Absurd if law enforcement or prosecution has to listen to PM and prematurely disclose investigations in progress?

SHOCKING - How can Prime Minister Anwar be so confident - CLEAN or criminals is something that law enforcement(police, MACC, etc) will investigate and prosecute.
 
If there are sufficient evidence and proof beyond reasonable doubt, the Courts, after trial will convict. Even, if not convicted - it is simply because the prosecution failed to prove beyond reasonable doubt - that is all. It is not proof of INNOCENCE or cleanliness.
Ministers appointed under the unity government have remained clean and free from corruption, said Datuk Seri Anwar Ibrahim.

All Anwar should have said is that 'He believes they are clean.' Neither the police, MACC or other law enforcement bodies really ought not report to anyone, including the PM, about the matters they are investigating and maybe will prosecute later - more so if it is a member of the Cabinet, administration, public officers or even government linked bodies/persons. The RISK of even the Prime Minister 'leaking' or even things to hamper/stop investigation of prosecution his there. Likewise the Public Prosecutor ought never inform who they are going to charge prematurely - and that includes the Prime Minister.

Is Anwar referring to just the period, from when he chose and they were appointed as Ministers until now? He says 'MINISTERS" - does his statement also include Deputy Ministers and ...?
“I instructed the MACC to check all of the ministers and there was not one corruption case that involved any of the ministers,” he said in his speech at the launch of the Penang unity election machinery in Seberang Jaya last night.
This is a problem - does it mean that if not instructed the MACC will not investigate, monitor ... the Ministers. MACC and Police are supposed to be INDEPENDENT and they are not there to be 'instructed' to carry out their functions according to the law. Is Prime Minister Anwar Ibrahim CLEAN - Are Prime Ministers assumed to be clean, law-abiding or corrupt free - We remember Najib Razak (former Prime Minister) and remind ourselves that even Prime Minister and Ministers can commit crimes > and so, it is important that the independence and professionalism of police, MACC is protected.

Make police report or a report to MACC(First Information Report), and the police, MACC and any other law enforcement bodies are then required to INVESTIGATE ... 
 
Did Anwar file the needed police/MACC report ...or did he 'ORDER" or 'INSTRUCT" verbally? 
 
So, how many reports have been filed with the police or MACC or ... alleging possible crimes by Anwar, the Minister or members of the administration of Prime Minister Anwar Ibrahim, etc ??? This is RELEVANT - was there NONE(which may be hard to believe...) Maybe, Anwar can check and tell us that there are ZERO reports against himself and or his administration alleging corruption, abuse of power, tax evasions, etc ....If ZERO, then maybe he can confidently say 'Every Minister in My Cabinet is CLEAN'

If there are police/MACC/etc reports - most likely investigations are ongoing...unless law enforcement found it was totally baseless.

Anwar Ibrahim, let us review some of the Ministers that you appointed - their being 'CLEAN' or corruption free(or law abiding) is in question..
 
PM Anwar Ibrahim himself - he has himself has a past-criminal conviction for corruption...
 
1999 - Anwar was found guilty of 4 corruption charges, and was sentenced to 6 years imprisonment for each of these charges, which he served. Anwar is yet to challenge or overturn this conviction, and as such the conviction stands. A pardon does not overturn a court's conviction.

DEPUTY Prime Minister Ahmad Zahid Hamidi - well, there is currently at least 2 pending cases in court 
 
Yayasan Akalbudi

Zahid, who is also rural and regional development minister, faces 12 counts of criminal breach of trust, eight of corruption and 27 of money laundering involving tens of millions of ringgit belonging to Yayasan Akalbudi. 
 
Judge Collin Lawrence Sequerah ruled that the prosecution had established a prima facie case against Zahid.

“After conducting maximum evaluation, I find that the prosecution has proven the ingredients of the CBT, MACC (Malaysian Anti-Corruption Commission) Act and money laundering charges,”

What this means is that there is sufficient evidence to convict, and if during the Defence stage, Zahid Hamidi fails to raise 'REASONABLE DOUBT, he will be found guilty on all charges. 
 
Latest: On 10/4/2023, an adjournment was granted '...pending a decision on a letter of representation for a reconsideration of the charges against him...' with '...a new representation with some new facts and evidence..'. Zahid Hamidi is maybe hoping that the prosecution will discontinue the case, and then maybe the Judge will acquit? 
 
But problem is that prosecution already successfully proven all elements of all the alleged crimes - so, to discontinue at this stage of the trial may be SCANDALOUS. Let us WATCH and see as this case is scheduled for 1/8/2023
VLN Case
 
The prosecution has filed its petition of appeal to challenge Ahmad Zahid Hamidi’s acquittal from 40 charges of corruption purportedly given by a company to secure the extension of a contract to operate a foreign visa (VLN) system and a one-stop centre in China.According to a source, the petition listed 15 grounds why the Court of Appeal ought to reverse Zahid’s acquittal and order him to enter his defence to answer the charges. 
 
Then Zahid filed a representation possibly with the intent that the prosecution withdraw the appeal. On 12/5/2023, prosecution asked for an adjournment. [Note It was the third time that an adjournment had been sought, following similar requests made on Feb 17 and March 31.] The next case management date in front of the Court of Appeal is fixed for 28/7/2023.

         If the Appeal is successful, then the case goes back to the High Court for Zahid to present his                     defence. 

DEPUTY Finance Minister Ahmad Mazlan On 21/9/2022, then Pontian Member of Parliament (MP) Datuk Seri Ahmad Maslan was acquitted of charges of money laundering and giving a false statement against him after he agreed to pay a compound of RM1.1 million (Edge Markets, 22/9/2022). The very fact that he agreed to pay the RM1.1 million compound is telling - Would any innocent person pay such a high compound? > A innocent man would fight in court to prove that he is NOT GUILTY.

## I have just looked at these 2, as Zahid is the Deputy Prime Minister, when Anwar is the Prime Minister. Ahmad Mazlan is the Deputy Finance Minister, when Anwar is the Finance Minister.

### Anwar Ibrahim as Prime Minister decides on WHO will be in HIS Cabinet - King appoints as advised by the Prime Minister.

#### It must be remembered that the past 2 Prime Ministers of the Perikatan-BN Plus government, Muhyiddin(BERSATU) and Ismail Sabri(UMNO) choose to exclude persons with cases, (the 'court cluster'), from their Cabinet.

Anwar, rightly, can say that he BELIEVES his Cabinet is CLEAN, and hope that they remain clean.  That is all ...

Najib too may have believed that he did not commit any crime. He has already been convicted in one case and appeals are over. But there are still many other cases...

Najib is facing 25 counts of money laundering and abuse of power over alleged 1MDB funds amounting to RM2.28 billion.

Forty witnesses have given evidence and the prosecution is about to close its case by calling 10 more.

He is also jointly charged with former Treasury secretary-general Irwan Serigar Abdullah on six charges of misappropriating RM6.64 billion in public funds to make payments to International Petroleum Investment Co.

Apart from that, he is charged with three counts of money laundering amounting to RM27 million also involving SRC International funds.

The trials before the High Court have yet to start.

Najib and former 1MDB president and CEO Arul Kanda Kandasamy were acquitted without their defence called on March 3 for allegedly tampering with the 1MDB audit report.

However, the prosecution has filed an appeal in the Court of Appeal. - FMT, 4/4/2023

Do not interfere with law enforcement, prosecution and the courts - this something expected of any GOOD GOVERNMENTS, and Prime Minister Anwar Ibrahim and the  Pakatan Harapan led coalition should also do this.

Some relevant earlier posts:-

Ex-PM Najib sentence of 72 years imprisonment, beats ex-DPM Anwar's 1999 corruption conviction and sentence of 24 years?

COMPOUNDS for serious money laundering offences allow government to 'protect the Guilty' from trials and convictions must be abolished??

Ahmad Mazlan and others by reason of 'componds' and 'deals' - undermines the spirit/intention of Art.48(1)(e) on disqualification of MPs?


Every minister in my Cabinet is clean, says PM Anwar


 


Prime Minister Datuk Seri Anwar Ibrahim speaks at the ‘Madani Unity’ roadshow and the launch of the Penang Unity Machinery at the Seberang Jaya Expo site in Permatang Pauh July 17, 2023. — Bernama pic

By Opalyn Mok
Monday, 17 Jul 2023 7:55 AM MYT

SEBERANG PERAI, July 17 — Ministers appointed under the unity government have remained clean and free from corruption, said Datuk Seri Anwar Ibrahim.

The prime minister said in the past eight months, his Cabinet was closely monitored by the police and the Malaysian Anti-Corruption Commission (MACC).

“I instructed the MACC to check all of the ministers and there was not one corruption case that involved any of the ministers,” he said in his speech at the launch of the Penang unity election machinery in Seberang Jaya last night.

He said it is a record in the history of the country.

“We need to clean up and save the country. If we don’t clean up, this country will go to the dogs,” he said.

He then reminded his political opponents that they too had records of corrupt practices.

“I gave them a warning before, and now, I repeat my warning: You talk about integrity and governance, but with your track record, let the agencies investigate.

“When you were the minister of finance, you took billions, you have a joint foreign account with billions in it, and now, you say you are a pejuang Melayu,” he said.

The Pakatan Harapan president (PH) said it was not easy for the coalition to work with Barisan Nasional (BN) in the unity government, but it had to.

“We are united based on principles, not to steal from the country, not to remain in power, but to ensure the stability of the country, to save the country,” he said.

He said there may be certain groups within PH that are still uneasy about the collaboration with BN and Umno president Datuk Seri Ahmad Zahid Hamidi.

“Some say we don’t need to work with Zahid and that we should campaign for the state elections separately,” he said.

However, he said the unity government is bringing stability to the country.

He said in recent months, the unity government had managed to attract investments and interest from major players from the United States such as Elon Musk’s Tesla and SpaceX, Hong Kong’s Richard Li, Saudi Arabia’s Aramco and China’s Geely Auto.

“Richard Li has expressed an interest in investing in Malaysia and Aramco has decided to make Malaysia its Asian hub,” he said.

He attributed it to the unity government’s hard work and that the government will continue to work hard to save the country.

On the upcoming state elections, Anwar said that he believes the united front of PH-BN in Penang could bring about a historic win for the unity coalition.

“Umno has its stronghold in the rural areas, DAP in the urban areas, while PKR is a mix of both.

“So if we have a strong strategy and pool together the strength of our grassroots, no one can shake us,” he said.

He said the only condition is for everyone to work hard to achieve wins in the elections. - Malay Mail, 17/7/2023


Zahid ordered to enter defence on all 47 charges


High Court judge rules that the prosecution has established a prima facie case against the former deputy prime minister and home minister. 

Ho Kit Yen - 24 Jan 2022, 9:45am

Ahmad Zahid Hamidi is accused of 47 charges of money laundering and CBT involving funds from Yayasan Akalbudi, and accepting bribes for various projects during his tenure as home minister.

KUALA LUMPUR: The High Court has ordered former deputy prime minister Ahmad Zahid Hamidi to enter his defence on all 47 of his corruption, criminal breach of trust (CBT) and money laundering charges.

Judge Collin Lawrence Sequerah ruled that the prosecution had established a prima facie case against Zahid.

“After conducting maximum evaluation, I find that the prosecution has proven the ingredients of the CBT, MACC (Malaysian Anti-Corruption Commission) Act and money laundering charges,”
he said.

Zahid is standing trial on charges of money laundering and CBT involving millions from Yayasan Akalbudi, and accepting bribes for various projects during his tenure as home minister.

Twelve of the charges are for CBT, eight for corruption and the remainder for money laundering.

A total of 99 witnesses have testified in the trial, which began on Nov 18, 2019.

Sequerah said Zahid has three options to conduct his defence – he can opt to give a sworn statement from the witness stand, he can give a statement from the dock, or he can remain silent

Zahid’s lawyer, Hamidi Mohd Noh, told the court that his client will give a sworn statement.


The hearing for the defence stage is scheduled to start on March 28.

Zahid not entitled to ‘immunity’ from prosecution, says judge

Sequerah said Zahid is not entitled to enjoy “immunity” from prosecution on grounds that he truthfully disclosed all transactions related to Yayasan Akalbudi.

“After considering the submissions, I find that there is no merit to this, and the accused is not entitled for immunity,” he said.

Previously, Zahid’s lawyers had argued that he should enjoy immunity under Section 30(7) of the MACC Act. The provision, which was repealed on Oct 1, 2018, had stated that anyone who disclosed information or produced any document to the authorities would not be incriminated.

The defence had contended that MACC officers recorded Zahid’s statement between July 2 and 3, 2018, in which he gave details on the setting up of the foundation, its sources of funds, and personal particulars of himself and family members.

However, the prosecution argued that the “immunity” raised by Zahid was an attempt to strike out all the charges.

It said Zahid should have filed for a judicial review before the civil courts to determine if he enjoyed immunity from prosecution.- FMT, 22/1/2022


Prosecution files petition of appeal over Zahid’s acquittal in VLN case

The petition is said to list 15 grounds why the judge erred in not calling the deputy prime minister to enter his defence.

Prosecutors are seeking to overturn DPM Ahmad Zahid Hamidi’s acquittal from 40 counts of corruption said to have taken place during his previous stint in office.

PUTRAJAYA: The prosecution has filed its petition of appeal to challenge Ahmad Zahid Hamidi’s acquittal from 40 charges of corruption purportedly given by a company to secure the extension of a contract to operate a foreign visa (VLN) system and a one-stop centre in China.

According to a source, the petition listed 15 grounds why the Court of Appeal ought to reverse Zahid’s acquittal and order him to enter his defence to answer the charges.

Zahid, who is Umno president, was named deputy prime minister for a second time after Prime Minister Anwar Ibrahim was appointed to head a unity government following the 15th general election which took place last month.

Zahid is also the rural and regional development minister in the current administration.

The source said the petition was filed in the Court of Appeal earlier today, well ahead of its 10-day deadline, after prosecutors received the record of appeal compiled by the Shah Alam High Court registry last week.Last month, the Court of Appeal fixed the appeal for case management on Jan 10 pending compilation of the record.

On Sept 23, then High Court judge Yazid Mustafa ruled that the prosecution had failed to establish a prima facie case against Zahid.

He said three key prosecution witnesses in the case were unreliable and not credible.

He also said their luxurious lifestyles and ownership of expensive property and vehicles gave credence to an inference that the alleged bribe money could have been distributed among the trio.

Zahid, 69, had been accused of 33 counts of receiving bribes amounting to S$13.56 million (RM42 million) from Ultra Kirana Sdn Bhd between 2014 and 2018 while he was home minister and deputy prime minister when Barisan Nasional was in power.

Zahid was also charged with seven other counts of obtaining for himself the sums of S$1.15 million, RM3 million, 15,000 Swiss francs and US$15,000 from the same company in connection with his official duties. - FMT, 20/12/2022

Prosecutors get more time to decide on appeal from Zahid’s acquittal

The Court of Appeal allows the prosecution until July 28 to consider Ahmad Zahid Hamidi’s representations that the appeal be withdrawn.


On Sept 23 last year, Ahmad Zahid Hamidi was acquitted of 40 counts of corruption connected to the home ministry’ foreign visa (VLN) system.

PUTRAJAYA: The prosecution has been granted another adjournment to decide whether it intends to pursue its appeal from Ahmad Zahid Hamidi’s acquittal in the foreign visa (VLN) system corruption case.

Lawyer Hamidi Nor, a member of the deputy prime minister’s legal team, said a senior assistant registrar in the Court of Appeal has allowed the prosecution more time to consider the matter.

The court has fixed another case management on July 28 for the Attorney-General’s Chambers (AGC) to consider the representations,” Hamidi told FMT.

The outcome of today’s court proceeding was confirmed by deputy public prosecutor Malik Ayob.

Malik had made the request for additional time during case management today.

It was the third time that an adjournment had been sought, following similar requests made on Feb 17 and March 31.

Zahid, who is the deputy prime minister, sent his representations to the AGC in early January, calling for the prosecution to discontinue its appeal.

The representations were made after the defence team reviewed the prosecution’s petition of appeal filed on Dec 29.

The petition of appeal lists 15 grounds that the prosecution says warrant overturning the trial judge’s decision to acquit Zahid.

The prosecution says Justice Yazid Mustafa, who presided over the trial in the High Court, misdirected himself by comparing the facts of the case to those of another case.

It contends that Yazid erred when comparing the facts to those in Rosmah Mansor’s corruption trial, adding that a fact scenario alone did not make Rosmah’s case a binding precedent.

The prosecutors say Yazid was also wrong in his assessment of the credibility of the prosecution’s three key witnesses – former Ultra Kirana Sdn Bhd (UKSB) directors Harry Lee, Wan Quoris Shah Wan Abdul Ghani and David Tan.

They say the judge failed to take into consideration the testimony of a witness that a ledger presented as evidence in court was a “contemporaneous document”.

On Sept 23 last year, Yazid ruled that the prosecution had failed to establish a prima facie case against Zahid.

Zahid, 70, had been charged with 33 counts of receiving bribes amounting to S$13.56 million (RM42 million) from UKSB between 2014 and 2018 while he was home minister and deputy prime minister when Barisan Nasional was in power.

He was also charged with seven other counts of obtaining for himself the sums of S$1.15 million, RM3 million, 15,000 Swiss francs and US$15,000 from the same company in connection with his official duties. - FMT, 12/5/2023

 

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