Time to end the culture of impunity at MACC(Teoh Beng Hock Trust for Democracy)

See also

Death in POLICE CUSTODY - we need the Coroner's Report 'confirming' police did not KILL?

 

Bilingual statement 中文请看下方

Press statement by Teoh Beng Hock Trust for Democracy on 17 June 2023 in Petaling Jaya

 

Time to end the culture of impunity at MACC

 

As another death has occurred under the custody of Malaysia Anti-Corruption Commission (MACC). Teoh Beng Hock Trust for Democracy condemns the third custodial death case at the MACC.

 

We are gravely disappointed that there is still a lack of meaningful reform after the death of Teh Beng Hock under MACC and would like to emphasize the importance of the safeguards and rights of the detainees.

 

The victim was arrested by MACC and believed to be a suspect that was involved in illegal mining in the state of Pahang. According to reports, the victim was sent to Putrajaya hospital by MACC when he was found to be feeling ill. However, according to the chief commissioner of MACC Azam Baki, the victim passed away while receiving treatment in the hospital.

 

Firstly, we strongly believe that the MACC chief is not in a legal position to attempt to give an explanation to the incident or hastily conclude the cause of death; it should have been the duty of the police and Coroner's court to establish the truth behind the case to ensure full transparency.

 

Most of all, as the chief of MACC, any explanation from Azam Baki on a death that happened under his supervision should not be taken as conclusive evidence in the name of impartiality. Echoing the views of Lawyers for Liberty, we therefore form the conclusion that the MACC chief had "no business rushing into conclusions or explaining the cause of death".

 

Secondly, whenever a death in custody occurs, we also notice that enforcement officials have the tendency to push the 'responsibility' to the hospital. The language that Azam Baki has employed - where MACC officials first found the victim to be unwell and subsequently passed away in hospital - is too similar in the numerous deaths that occurred under police custody. The causal explanation where the detainee has passed away while receiving treatment does not do justice to the family and would cause the public to lose confidence in MACC.

 

Given that there were two custodial death cases at MACC in the past 14 years – Teoh Beng Hock and Ahmad Sarbani – and the conclusion of the court of appeal that there was a pre-fall injury on the neck of Teoh and one or more unknown persons caused his death, the police must conduct a thorough investigation on the new custodial death case, including from the angle of tortures leading to death. The police must not be misled by Azam Baki that the decreased died of natural sickness.

 

For the public to continue having faith in MACC, the investigations must be impartial and transparent to uncover the truth behind. Justice must also be done where firm action needs to be taken if there was foul play involved behind the latest death under MACC supervision.

 

While MACC has recently shown to be fearless in performing its anti-corruption duty where actions have been taken even against a former Prime Minister, MACC still falls behind in observing and respecting the rights of detainees. We are shocked to hear from MACC deputy director Datuk Wan Shaharuddin Wan Ladin that the right to legal representation does not apply to those that were summoned by MACC as witnesses.

 

Lest we forget, this is the same excuse that was employed by the officials of MACC previously when they refused Teon Beng Hock's request for legal representation. The tragic death of Teoh Ben Hock should be a lesson and opportunity for MACC to revise its SOP and ensure the rights of legal representation are observed, to protect both the detainee and the public faith towards MACC. Even after 14 years, MACC has still refused to acknowledge nevermind reform this practice which contravenes with the Federal Constitution.

 

We demand the PH-led unity government to seriously consider reforming the MACC and ensure its anti-corruption crusade does not run afoul with human rights principles. The right to legal representation and freedom of torture must be guaranteed, officers violating the rights of detainees must be brought to justice.

 

More urgently, justice must be done and seen to be done; the police must investigate the truth behind the latest death in custody under MACC and actions must be taken if there was foul play behind the incident.

 

The culture of impunity of MACC can only be eliminated when the government takes bold action on previous custodial deaths cases at MACC, including Teoh Beng Hock and Ahmad Sabarni, and prosecute the related officers in accordance with the law.

 

Ng Yap Hwa

Chairperson

Teoh Beng Hock Trust for Democracy

 

Media enqury : 0111-0664526

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赵明福民主基金会文告，2023年6月17日于八打灵再也发出。

 

终止反贪会免责文化 追究扣留所死亡责任

 

针对反贪委员会再有被扣留者的死亡案件，赵明福民主基金会谴责反贪委员会再次罔顾被扣留者基本人权。

 

根据报导，该名死者因涉及采矿活动的洗钱案，而被反贪会逮捕。反贪会首席专员阿占巴基指死者因身体不适，在医生接受治疗时死亡。我们认为，阿占巴基不应尝试解释死者的死因，并暗示死者自然病故于医院。

 

有鉴于反贪委员会曾经发生两宗命案 – 赵明福和阿末沙巴尼 – 及赵明福坠楼前颈部有伤口，警方应该全面调查涉及反贪会的新一宗被扣留者命案，包括死者或许被刑求致死的可能性，而非被反贪会引导往病故的方向调查。

 

过去的记录显示，反贪会不曾对付涉及被扣留者死亡的调查官，这种放任侵权调查官继续参与执法行动的做法，或导致扣留所命案重演。若政府欲重拾人民对反贪会的信心，政府必须展开公正和透明的调查，找出死亡案件的真相。

 

欲终止反贪会的免责文化，政府必须对滥权者采取严厉的法律行动，也应追究过去涉及赵明福和阿末沙巴尼命案，根据法律逮捕和提控违法者。

 

同时，赵明福民主基金会批评反贪会署理总监旺沙布丁指被反贪会传召的证人没有法律代表权。反贪会剥夺赵明福的法律代表权，长时间单独盘问赵明福至凌晨5点，最终导致赵明福死亡，14年后反贪会高层没从侵犯人权导致悲剧吸取教训和深刻反省。

 

我们呼吁希盟政府坚定改革反贪会的决心，确保反贪会执行反贪任务的同时，绝不能侵犯公民的基本人权。公民的法律代表权和免于酷刑的权利应该被保障，侵犯被扣留者人权的调查官必须受到法律对付。

 

赵明福民主基金会主席

黄业华

 

媒体查询：0111-0664526

--

Teoh Beng Hock Trust for Democracy 赵明福民主基金会

Telephone  :  (+60)111-0664526

Email        : teohbenghocktfd@gmail.com

Facebook : https://www.facebook.com/tbhtfd

Website    : http://www.teohbenghock.org

 

See earlier posts of relevance -

MACC 'Scandal'? MACC sending letter to political parties, employers..'advising' disciplinary action is wrong? 

PM Najib says he has been cleared of corruption claims, but many, including the Bar, may disagree?

MACC kena ambil tindakan sekarang, jangan lewatkan tindakan terhadap ahli politik sehingga selepas PRU

AG? MACC Chief? Public servants preferential treatment? Role of Public Prosecutor? MACC? FAIR TRIAL?

Mah Siew Keong and GERAKAN plans to get MACC to give their candidates 'corruption free' certification is wrong? 

Ehsanuddin(a former UMNO MP) - "repayment of monies = acquittal", loan not corrruption? OR incompetency/abuse of MACC/Prosecution?

Azam Baki (innocent until proven guilty) but suitability to remain MACC chief??? Terence (MACC Panel member) 'quits'

Rais Yatim, Borhan Dolah, Abu Zahar bin Dato’ Nika Ujang - Terminate? Failure of duties in MACC?

Azam Baki - Termination in the Public Interest? Suspension pending Investigation? Result of police, MACC, LHDN investigation? Disciplinary Committee?

Know the misconducts so we can monitor police and public officers - PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993- full text of this Regulations for your viewing pleasure

MACC under Parliament purview - Already is, and Parliament failed to act? Did Parliament fail/procrastinate in the MACC issue?

Parliament Select Committee on MACC (19th Jan) - Broadcast LIVE, and investigate comprehensively not just Azam Baki but also Borhan, Abu Zahar and Terence Gomez?

PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993PU(A) 395/1993 - Where is report of actions, offenders and punishment?

Malaysian Anti-Corruption 'problems', 5 check and blance mechanisms, silence of the Parliamentarians' Special Committee on Corruption? 

Hiding identity using others' share trading account, bank account? The Azam Baki case raises concerns

 Did the SC just say OK for others to 'secretly' buy shares under the name of others when they suggested 'innocence' of Azam Baki?

 

MACC suspect dies in custody

MACC chief Azam Baki says the suspect died at a hospital after feeling ill this morning.

FMT Reporters - 15 Jun 2023, 10:36pm

MACC chief commissioner Azam Baki was reported to have confirmed the suspect’s death. (Bernama pic)

PETALING JAYA: A suspect who was being investigated by the Malaysian Anti-Corruption Commission (MACC) has died while in the anti-graft agency’s custody.

Malaysiakini quoted MACC chief commissioner Azam Baki as saying the man in his 50s died while being treated in hospital for an illness.

Stay up-to-date by following FMT's Telegram channel

The suspect had been detained by MACC yesterday, but he fell ill this morning while at the agency’s headquarters in Putrajaya.

“The man is among three suspects who were detained last night in relation to a money laundering case linked to mining activities.

“This morning, our officers noticed that the man was unwell and promptly took him to the hospital. He died at the hospital while receiving treatment,” Azam said.

The MACC chief said the graft-busters will fully cooperate with the police as they probe the matter.

MACC officers involved in the probe will give their statements to the police soon, he added.

Earlier today, MACC reportedly arrested three people on suspicion of being involved in illegal mining in Raub, Pahang, and money laundering involving some RM1.8 million.

The three suspects were said to have included a mining machine operator and a civil servant. - FMT, 15/6/2023

 

‘Most critical’ to reform MACC, Bar president tells govt

Karen Cheah says the death of a MACC detainee yesterday has reminded many about Teoh Beng Hock’s death in 2009.

Tsubasa Nair - 16 Jun 2023, 5:17pm

Malaysian Bar president Karen Cheah said the procedure of appointing the MACC chief commissioner could be revamped.

KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) is the institution most in need of immediate reforms, says Malaysian Bar president Karen Cheah.

Her comments come after a suspect being investigated by MACC fell ill and died while in custody yesterday. The man in his 50s purportedly died at a hospital while being treated for an illness.

Cheah said this was not the first time that a detainee had died under MACC’s custody, citing the case of Teoh Beng Hock, adding that “everybody is reminded about that incident because of this recent case”.

“I think the time is now ripe for us to seriously look into reforming MACC. Obviously, there are some things that require improvement.

“We have a government pushing for good governance and institutional reforms, and MACC should be one of the most critical institutions to be reformed immediately,” she said.

Cheah was speaking to reporters after officiating the launch of the newly updated “The Police and Your Basic Rights” booklet, more popularly known as the “Red Book”.

Teoh, who was an aide to a then Selangor executive councillor, was found dead on the fifth floor of Plaza Masalam in Shah Alam on July 16, 2009, hours after he had gone to the Selangor MACC’s headquarters on the 14th floor for questioning.

Cheah said reforms to MACC must be aimed at ensuring the anti-graft agency is accountable, transparent and free from external influence.

“Perhaps, the (procedure in the) appointment of the (MACC chief) commissioner has to be revamped.” - FMT< 16/6/2023

 

Sedition investigation against lawyers over motion - A Memory from the Past

 

Sedition investigation against lawyers over motion

The Melaka-Johor Diocese Catholic Lawyers Guild supports and prays for the well-being of Charles Hector, Francis Pereira 

and R. Shanmugam, the lawyers who proposed the motion for the resignation of Attorney-General Tan Sri Mohamed 

Apandi Ali. S Jeyakumar, the chairman of the guild said in statement released on March 30.

Apr 15, 2016

MELAKA: The Melaka-Johor Diocese Catholic Lawyers Guild supports and prays for the well-being of Charles Hector, Francis Pereira and R. Shanmugam, the lawyers who proposed the motion for the resignation of Attorney-General Tan Sri Mohamed Apandi Ali. S Jeyakumar, the chairman of the guild said in statement released on March 30.

The motion, which was passed by a majority vote during the Malaysian Bar’s 70th Annual General Assembly on March 19, resulted in these 3 lawyers being summoned to Bukit Aman on 31st March 2016 to have their statement recorded for investigation on sedition. This is seen as a gross violation of the statutory duty of lawyers under the Legal Profession Act, to move resolutions deemed fit for consideration and approval at the Malaysian Bar AGM, without fear and favour.

“We are also deeply disturbed that the Secretary of the Malaysian Bar, Karen Cheah Yee Lynn, has also been called to have her statement recorded for the same reasons, arising out of the discharge of her statutory duty on behalf of the Malaysian Bar. We are strongly against such intimidatory acts being levelled against lawyers in the discharge of their respective statutory duties.”

Charles Hector confirmed that he had received a letter from the police on the matter at 3.57pm on Tuesday, Mar 29. He added that he was angry about the decision against the movers of the motion.

“I am definitely angry as this was something done in accordance with the law.

“It should not be investigated under the Sedition Act because there is nothing wrong,” said Hector.

“We are still committed to upholding the course of justice without fear or favour. No amount of harassment or intimidation of this kind will actually stop us,” Hector told the media after questioning.

Francis Pereira also confirmed that he had received a letter from Bukit Aman notifying him that he was being investigated under Section 4(1) of the Act in relation to the motion.

He said that the letter, which was sent to his office, called on him to record his statement on March 31 at 2.30pm.

He also confirmed that a similar letter was sent to Shanmugam.

He said that the police had opened the investigation following a police report that was lodged against the motion.

Pereira added that the letter also states that the investigating officer would be ASP Wan Aeidil Wan Abdullah.

“We take the position that our motion is not seditious in any way. This motion was subsequently debated by the Malaysian Bar and has become a resolution of the Malaysian Bar,” he said.

Pereira also stated that the Bar Council president had been notified about the letters.

The motion earlier this month, had also called on the Solicitor General to take on the role of Public Prosecutor in the corruption investigations involving Prime Minister Najib Tun Razak, 1MDB, SRC International and the RM2.6bil controversy.

Earlier, Malaysian Bar president Steven Thiru had said that the Bar was not being political, despite passing the motion. He said the motion, along with two proposals touching on the National Security Council Bill and Internet censorship, were not political concerns but rule of law.

“We are pro justice, pro law,” he said. -- The Star, Agencies

https://www.heraldmalaysia.com/news/sedition-investigation-against-lawyers-over-motion/28807/5

Judges appointment -did PM Anwar follow the recommendation of the JAC or not?

Did Prime Minister Anwar Ibrahim advice the King on the appointment and/or elevation of judges as per the recommendations of the Judicial Appointments Commission? Or did Anwar not follow it and made HIS OWN decision as to who should be made Judges? That really is the question PM Anwar must answer,,,

The Conference of Rulers today proposed the removal of the prime minister's power to appoint five representatives to the nine-member Judicial Appointments Commission (JAC), the body which proposes candidates to be made judges in the superior courts.- Malaysia Now, 30/11/2022

What is Prime Minister Anwar doing about  what the Conference of Malay Rulers recommended - remove the PM power to appoint members of the Judicial Appointments Commission(JAC)?

See also:

Amend Federal Constitution and Judicial Appointments Commission Act 2009 to remove Prime Minister’s role in appointment and elevation of judges in Malaysia. PM must disclose whether recent appointments is as per recommendation of the Judicial Appointments Commission or not. (MADPET)  

King presents instruments of appointment to 16 judges

The ceremony at Istana Negara was witnessed by Chief Justice Tengku Maimun Tuan Mat.
Bernama - 13 Jun 2023, 3:35pm

Sultan Abdullah Sultan Ahmad Shah presenting the instrument of appointment to Court of Appeal judge SM Komathy. (Bernama pic)

KUALA LUMPUR: The Yang di-Pertuan Agong, Sultan Abdullah Sultan Ahmad Shah, today presented instruments of appointment to 16 judges at Istana Negara here.

The Raja Permaisuri Agong, Tunku Azizah Aminah Maimunah Iskandariah, was present.

The ceremony began with the presentation of the instrument of appointment to Federal Court judges Abu Bakar Jais and Abdul Karim Abdul Jalil, followed by Court of Appeal judges Azmi Ariffin, Azhahari Kamal Ramli, SM Komathy and Choo Kah Sing.

Ten High Court judges also received their instruments of appointment – Nurulhuda Nur’aini Nor, Norliza Othman, Hasbullah Adam, Shamsulbahri Ibrahim, Roslan Mat Nor, Julia Ibrahim, Arief Emran Arifin, John Lee Ken How, Adlin Abdul Majid and Abazafree Abbas.
The new judges with Chief Justice Tengku Maimun Tuan Mat (centre, sitting) and other senior judges. ((Federal Court chief registrar’s office pic)

Chief Justice Tengku Maimun Tuan Mat, Court of Appeal president Abang Iskandar Abang Hashim, Chief Judge of Malaya Zabidin Diah and Chief Judge of Sabah and Sarawak Abdul Rahman Sebli witnessed the ceremony.

Also present was deputy law and institutional reform minister Ramkarpal Singh. - FMT, 13/6/2023

Death in POLICE CUSTODY - we need the Coroner's Report 'confirming' police did not KILL?

Now, law says ALL deaths in police custody have to be referred to the Coroner. Coroner then decides cause of death - and whether the death was criminally caused by anyone - including the police, other detainees in the lock-up, or others before the suspect was arrested by the police. Sadly, the Minister FAILS to report the Coroner's decisions - but chooses to  highlight the finding of the special police unit...

Did the police immediately inform the Coroner(Magistrate) of all deaths in police custody? Did the Coroner visit the scene of death and commence 'independent' investigations? YES - the Coroner can decide that inquest is not needed > but tell us WHY so we understand > nobody wants it to be assumed as a 'cover up' to protect suspected police officers...

CORONER's report - Mr Minister...

Minister seem to suggest that the establishment of police's USJKT resulted in a reduction of death in police custody ...ODD. Was it because of COVID? Was it because of CCTV with recording capacity placed in police stations? 

The Minister sadly DID NOT reveal the number of deaths in police custody in 2023...he only told us that 46 dies in police custody in 2021, and 24 in 2022. SUHAKAM's monitoring allegedly indicate that possibly 11 (10 men and 1 women) have died in police custody until May 2023...which means that we risk having a higher number in 2023, compared to 2022. 

All the more important that the CCTV with recording capabilities, body-cams for police officers, etc be speedily put in place....

 

 Media Statement – 15/6/2023

Coroner Need Report ‘Cause Of Death’ Of 24 In Police Custody in 2022, And Not Merely A Police Unit

MADPET (Malaysians against Death Penalty and Torture) and all Malaysians are still waiting for the Coroner’s finding on the about 24 deaths in police custody cases that happened in 2022.

We are pleased that since the Criminal Investigation Unit for Deaths in Custody (USJKT) was established in January last year, the number of deaths in police custody decreased by 48 percent in 2022 or 24 cases, compared to 46 the previous year.(Malaysiakini, 12/6/2023)

We are happy that the Minister announced the findings of the police, being the Criminal Investigation Unit for Deaths in Custody (USJKT) found that only 2 deaths of police custody had criminal elements, whereby one is already in court and the other is still under investigation. BUT what was the findings of the Coroner?(Malaysian Insight/FMT, 12/6/2023)

We trust better the investigation and determination of the Independent Coroner, who is a Magistrate or a Sessions Court Judge, rather than the USJKT, which at the end of the day is still part of the police that is looking at deaths in police custody.

The Coroner’s duty, according to the Malaysian Criminal Procedure Code, is to establish the "cause of death" include not only the apparent cause of death as ascertainable by inspection or post-mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed as to the manner in which the deceased came by his death and as to whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person.

We note that the police, other detainees in the same police lock-up or some other before the police arrest could have caused the death in police custody. Death caused by negligence like failure to provide needed healthcare in time, or even deprivation of needed regular medication is also a crime in Malaysia.

With regard to death in custody, Section 334 CPC states that ‘...When any person dies while in the custody of the police or in a psychiatric hospital or prison, the officer who had the custody of that person or was in charge of that psychiatric hospital or prison, as the case may be, shall immediately give intimation of such death to the nearest Magistrate, and the Magistrate or some other Magistrate shall, in the case of a death in the custody of the police, and in other cases may, if he thinks expedient, hold an inquiry into the cause of death….’

The Minister said that “… six cases have been referred to the Coroner's Court, with four of them in the midst of inquest proceedings while the other two are still pending…’

MADPET reiterates that all deaths in custody must according to law be brought to the attention of the Coroner, and it is only the Coroner who decides whether to conduct an inquest or not. The government, the Minister or even the police have no business determining whether an inquest be conducted or not.

The Minister should reveal as to whether inquests by the Coroner have been completed for the all the 24 deaths in custody cases that happened in 2022. It would be best if the findings of the Coroner is speedily revealed.

The Minister should also inform us as to whether there were CCTV recordings in the lock-ups or stations where the death occurred. If not, the Minister should inform us as to when the CCTV with recording capabilities and body-cams on police officers will become a reality. What exactly is the reason for the delay since the Budget for these have been long approved?

MADPET reiterates the call of the Malaysian Bar, vide Resolution adopted in 2022, that a Coroner’s Court Act be enacted, with Session Court Judges as Coroner.

MADPET calls for greater transparency on all deaths in police custody, and that an INQUEST be held for all such deaths for this will help erase the perception that the police caused the deaths.

 

Charles Hector

For and on behalf of MADPET(Malaysians Against Death Penalty and Torture)

Death in police custody cases reduced by 48pct last year

Bernama

Published:  Jun 12, 2023 7:43 PM

⋅

Updated: Jun 13, 2023 8:19 AM

PARLIAMENT | Since the Criminal Investigation Unit for Deaths in Custody (USJKT) was established in January last year, the number of deaths in police custody decreased by 48 percent in 2022 or 24 cases, compared to 46 the previous year.

Deputy Home Minister Shamsul Anuar Nasarah said of all the death cases investigated last year, USJKT found two cases with criminal elements.

One involved a case in Taiping, Perak, which has been charged and is now being tried, while the other case in Kelantan is still being investigated.

In addition, he said six cases have been referred to the Coroner's Court, with four of them in the midst of inquest proceedings while the other two are still pending.

"USJKT will also present the report findings, investigations and developments of each custody death in meetings with Suhakam and EAIC (Enforcement Agency Integrity Commission), held every three months.

"These meetings are aimed at implementing a system of checks and balances functions for the investigation on deaths of individuals in police custody and to improve the management of police detainees."

He said this when briefing Tan Hong Pin (Harapan-Bakri) during the Special Chamber session in the Dewan Rakyat today on steps taken by the home ministry in managing cases of death in police custody.

Shamsul Anuar said that through the establishment of USJKT, various improvements to the standard operating procedures were implemented, including lock-up inspections, closed circuit television monitoring of lock-ups and so forth.

- Bernama - Malaysiakini, 13/6/2023

 

 

48% drop in number of deaths in police custody, MPs told

Deputy home minister Shamsul Anuar Nasarah says there were criminal elements in only two of the 24 cases last year.

Bernama - 12 Jun 2023, 7:28pm

Six deaths in custody cases have been referred to the Coroner’s Court with four in the midst of inquest proceedings and two pending.

KUALA LUMPUR: The number of deaths in police custody dropped by 48% to 24 cases last year, compared to 46 in the previous year, after the Criminal Investigation Unit for Deaths in Custody was established, the Dewan Rakyat was told.

Deputy home minister Shamsul Anuar Nasarah said the unit found two cases with criminal elements. One involved a case in Taiping, Perak, which is the subject of a trial, while the other case in Kelantan is still being investigated.

Six cases have been referred to the Coroner’s Court with inquest proceedings being held on four of them, while the other two are still pending.

He said the investigation unit would present its findings, reports of investigations and developments of each custody death in meetings with Suhakam (the human rights commission) and the Enforcement Agency Integrity Commission which are held every three months.

“These meetings are aimed at implementing a system of checks and balances for the investigation of deaths of individuals in police custody and to improve the management of police detainees.”

Shamsul was briefing Tan Hong Pin (PH-Bakri) during the Special Chamber session in the Dewan Rakyat today on steps taken by the home ministry in managing cases of death in police custody.

The deputy minister said that through the establishment of USJKT, various improvements to the standard operating procedures were implemented, including lock-up inspections, closed circuit television (CCTV) monitoring of lock-ups and so forth. - FMT, 12/6/2023

 

 

Delay in handing down decision in Syed Saddiq's case? WHY? After all, the Judiciary is INDEPENDENT of the Executive?

How long does a judge need to pronounce a decision after trial... after hearing submissions of prosecution and accused?

Judge Datuk Azhar Abdul Hamid then reserved his judgment.

He said he would inform both parties when he was ready to deliver his verdict.

"Do not worry, I will not take long... my officer will inform both parties when the ruling is ready," he said...- 11/4/2023

Almost 2 months have gone by..

 It would be best that judgment be pronounced soonest when the facts and arguments are still fresh in the judge's mind. 

The judge's decision ought to be same irrespective of the fact the accused is an MP or a member of the party that forms the government... or even the Prime Minister. 

Many wonder whether the decision is being delayed until after upcoming elections in 6 States. Is this also affecting other cases involving politicians who are from parties in' the ' unity government' or who are friendly with the said government?

It is most important for law enforcement, prosecution and the Judiciary be always independent of the government, the Cabinet , or the Prime Minister - AND it must be seen to be so....INDEPENDENT

Has there been a decline of reports about past Ministers or current politicians being investigated for corruption, etc.... Is this a new policy of Anwar Ibrahim and PH? 

Oddly, there is very little reports of death in police custody in Malaysia > has it ended in 2023? Or is there less reporting by the media at the behest of someone or no one? 

 

Judgment reserved in Syed Saddiq's RM1 million CBT abetment case

By Rahmat Khairulrijal - April 11, 2023 @ 2:33pm

Syed Saddiq Syed Abdul Rahman gestures as he arrives at the Kuala Lumpur Courts Complex ahead of the trial. -NSTP/ROHANIS SHUKRI

KUALA LUMPUR: Former Bersatu Youth (Armada) chief Syed Saddiq Syed Abdul Rahman had malicious intent when he instructed his subordinate to withdraw RM1 million from Armada's bank account, the High Court heard today.

Deputy Public Prosecutor Datuk Wan Shaharuddin Wan Ladin said the former minister had abused his friend's trust when he instructed former Bersatu assistant treasurer Rafiq Hakim Razali to withdraw the money.

"Withdrawing the money is not wrong but his (accused's) intent was wrong.

"Rafiq was just following orders. He (Syed Saddiq) decided to withdraw the money due to the political unrest at that time," he said.

Shaharuddin said this in his submissions in the Muar Member of Parliament's corruption trial for abetting criminal breach of trust (CBT), misappropriation of assets and money laundering involving funds from Armada.

Earlier, Shaharuddin contended that the accused never used RM120,000 for his political purposes, instead the money was transferred into his Maybank account.

"The accused also never told anyone that he used his own money as an upfront for his general election campaign.

"The defence failed to bring any documents, notes, or witnesses to support their claims.

"Based on statements in court, RM100,000 from the total amount was transferred into the accused's Amanah Saham Bumiputera (ASB) account," he said.

Syed Saddiq's lead counsel Gobind Singh Deo, in his submission yesterday, argued that the withdrawn money was meant for organising activities which coincided with the party's goals as well as to fight for social justice and safeguard the people's welfare.

Gobind also submitted that Syed Saddiq's charge under Section 405 of the Penal Code for abetting Rafiq in criminal breach of trust involving the RM1 million funds should be demolished, as the charge sheet explicitly states that Rafiq had acted dishonestly.

However, he said, the prosecution has not proffered any argument to suggest Rafiq had acted dishonestly, nor challenged any evidence that supported the facts that Rafiq was not dishonest in withdrawing and utilising the funds for the people's welfare, that constituted misappropriation.

Judge Datuk Azhar Abdul Hamid then reserved his judgment.

He said he would inform both parties when he was ready to deliver his verdict.

"Do not worry, I will not take long... my officer will inform both parties when the ruling is ready," he said.

Syed Saddiq, 30, is charged with one count of abetting Rafiq in criminal breach of trust involving RM1 million of the organisation's funds.

The court also ordered him to enter his defence against three other charges of misusing property for himself involving RM120,000 from a Maybank Islamic Bhd account belonging to Armada Bumi Bersatu Enterprise, by causing Rafiq to dispose of the money; and two counts of engaging in money laundering involving two transactions of RM50,000, believed to be proceeds of unlawful activities from his Maybank Islamic Bhd account into his Amanah Saham Bumiputera account.- NST, 11/4/2023

Sometimes ordinary people can STOP deportation by State? Passengers in a plane in this case..

YES - many a time the people need to step up to stop injustices..

Riot erupts on deportation flight taking migrant to Morocco before plane is grounded

Despite the plane already taxiing towards the runway, the intervention by fellow passengers led to the man remaining on European soil.

By Ollie Corfe

16:02, Tue, Jun 6, 2023 | UPDATED: 08:39, Wed, Jun 7, 2023

Passengers aboard a Royal Air Maroc flight from Gran Canaria to Casablanca have thwarted the deportation of a young Guinean migrant.

Sitting on the floor with a seatbelt tying his legs together, according to La Provincia, he pleaded: “Spaniards, what have I done? Open the door, I want to get off!”

The aircraft was already bound for the runway, but this outcry just before 1pm on Saturday stirred the other passengers aboard the flight into a riot.

The two Spanish National Police officers accompanying the man eventually relented and asked for take-off to be aborted. 

The Moroccan national carrier initially refused, but an emergency call grounded the aircraft at the last minute and the migrant was allowed to disembark.

The crew of the Royal Air Maroc flight wanted to press ahead with the flight despite the protests (Image: GETTY)

Minutes after the incident took place, lawyer Loueila Mint el Mamy posted a video on Twitter sent to her by a colleague who happened to be on the plane. 

He caption reads: “There is a Guinean boy lying on the floor in bad conditions. The Spanish police have asked for the flight to be stopped and the Moroccan company refuses.”

According to a witness, the migrant was sitting in the gangway in the last row of the plane, continually begging not to be deported back to his country because he would be imprisoned there.

Moved by his appeal, three passengers asked the man whether he had applied for asylum, to which he answered that he had not. - Express UK, 7/6/2023

Public Prosecutor Idrus Harun - Will he discontinue the criminal case and the other appeal against Deputy PM Zahid Hamidi?

There are those in Malaysia that believes that the Public Prosecutor is NOT INDEPENDENT - and will do whatever the government of the day 'orders' - I choose to want to believe that the Malaysian Public prosecutor is INDEPENDENT, and will always act professionally... in the administration of criminal justice.

They will not 'sabotage their own cases by failing to submit all evidence - whereby court will at the end of the day will be unable to find the accused guilty....because prosecution failed to prove guilt beyond reasonable doubt. 

They will NOT simply discontinue cases mid-stream, and the end result maybe that the court will acquit the accused - thus that accused can never ever be charged again for the same offense.

Malaysian Deputy Prime Minister Zahid Hamidi has sent a representation to the Attorney-General’s Chambers (AGC) to have his graft charges dropped, the Kuala Lumpur High Court was told.

It is true that any accused can sent a representation to the Public Prosecutor at any time, and the Public Prosecutor is duty bound to consider the representation and decide - i.e. to 'discontinue' prosecution, or continue with prosecution.  

Attention on this case is high because the ACCUSED here is the now new Deputy Prime Minister and current leader of the Barisan Nasional and UMNO.

What be interesting is the words used in several media reports, ... instructed by whom?

He[Deputy Public Prosecutor Abdul Malik Ayob] also confirmed that the prosecution was instructed not to object to a postponement.  - Straits Times, 10/4/2023

He also confirmed that the prosecution was instructed not to object to a postponement.  - Star

So, the question is - WHO INSTRUCTED THE PROSECUTION NOT TO OBJECT TO THE POSTPONEMENT? Well, the MalaysiaNow report suggests that it was the Attorney General(who is also the Public Prosecutor) Idrus Harun, and that is great. Is the Public Prosecutor Idrus Harun FREE from outside 'orders/instructions'?

"My instructions (from the attorney-general) was not to object to this application for adjournment. The letter was voluminous and had complex issues to be considered," he said, citing also the length of the letter which he said was 200 pages long. 

Is it common for the Public Prosecutor himself to 'instruct' a Deputy Public Prosecutor(DPP) conducting a criminal trial? Is he acting on his OWN - or acting on the 'orders' of the another?

The 2nd oddity is the fact that '... AGC also received a letter attached to the representation from the Malaysian Anti-Corruption Commission (MACC), stating it would investigate the new issues raised by Ahmad Zahid's defence. ...' - normally after representation to AGC, then only will the AGC ask the MACC to investigate further if needed. But here, it seems that MACC may have acted on its own.... and Zahid's lawyers can attach this MACC letter in there representation. Strange..but maybe media reports not that accurate.

In this matter, is the fact that Idrus Harun term of office as Attorney General been extended for another year has any 'bearing' with these cases? Following trend of immediate past governments, where a new government will appoint a NEW AG - what Anwar did was interesting >>> extending the term of Idrus Harun(now 67 years old) for a year.

The Malaysian government today announced that Tan Sri Idrus Harun has been reappointed as the attorney general (AG), and that he would be serving one year under the latest appointment....Today’s announcement came after Idrus’s two-year term as attorney general was to officially end on Sunday (March 6). 

Recall that former attorney-general Mohamed Apandi Ali, in then Najib's government, came out publicly saying that Najib Razak did not commit any crime in connection with 1MDB- only to be proven wrong later when the Federal Court affirmed Najib's conviction. It was the new Attorney General/Public Prosecutor Tommy Thomas that subsequently charged Najib in court.

The question that arose then, and is still relevant today is HOW Independent are the Attorney General(also Public Prosecutor) from the current government? the current Prime Minister? 

Do the government(or Prime Minister) decide who will be charged in court and who will not be? Which cases will the prosecution DISCONTINUE mid-stream, and 'support' an application for an acquittal? Which decisions will the prosecution APPEAL and which will they discontinue the appeal?

Many believe that the PUBLIC PROSECUTOR must always act independently, and seen to be acting independently - especially free from the influence or 'instructions' of the current PM or government. 

Zahid is the Deputy Prime Minister - the leader of UMNO/BN, which Anwar and his Pakatan Harapan coalition NEEDED to form and maybe sustain this 'Unity Government'....and many wonder all cases against UMNO/BN and even PH leaders(or friends) may be slowly dropped one way or another...

BUT in this Akalbudi case, the High Court has already decided that the prosecution had proved its case - and Zahid Hamidi was called to enter his Defence. So, here Zahid Hamidi has the difficult task of proving his innocence... and if he FAILS to raise reasonable doubt, the High Court will convict and sentence him...

Justice Collin Lawrence Sequerah ruled on Monday (Jan 24) that the prosecution had proven a prima facie case against the Umno president after a maximum evaluation of the evidence."I call upon the accused to enter his defence on all charges," he said in a brief decision.- Star, 24/1/2022

Now, Zahid Hamidi can present all these 'new evidence' and arguments in court and the Court will decide whether he is guilty, whereby he will be convicted and sentenced.

However, by putting in a Representation to the Public Prosecutor asking that the case be discontinued means taking away the decision making from the Judge and the Court > now, it is up to the Public Prosecutor ALONE to decide whether to discontinue prosecution at this stage..... or not.

If the Public Prosecutor(Attorney General) decide to discontinue prosecution - then Zahid's lawyer will most likely apply to the Judge to grant an ACQUITTAL. Normally, a discontinuance leads to a DNAA - Discharge Not Amounting To An Acquittal >> which means at any time later, the prosecution can recommence prosecution. The JUDGE also have the power to give an ACQUITTAL - so, it will be up to the Judge. An acquittal means Zahid Hamidi will never be able to be charged and tried for the same or similar offences in the future EVEN if new and additional evidence of guilt is discovered.

'Security of Tenure' is a safeguard to ensure independence - but this is absent when his appointment is by fixed-term contracts, noting that our AG has passed the retirement age of 65(or is it 60 for the AG or Public Prosecutor). 

In this Zahid Hamidi cases, the fact that MACC seems to have started investigation, possibly even before the Public Prosecutor asked them to brings us to another fact - the extension of contract of the MACC chief...

Tan Sri Azam Baki (picture) has been reappointed as Malaysian Anti-Corruption Commission (MACC) chief commissioner for a period of one year, with effect from May 12, said Chief Secretary to the Government Tan Sri Mohd Zuki Ali. -Malaysian Reserve, 10/5/2023

Remember that Azam Baki scandal - the questions, amongst others, was whether Azam Baki committed a misconduct as Public Officer when he had more than RM100,000 shares? Other than that was the issue of workings of the 5 check and balance committees/etc - the failure of one of these 'Task Force' meeting despite a member, Terence Gomez, raising the matter with the Chair - all in all, the whole matter remains undealt with - and Anwar Ibrahim to date failed to address it. Most expected that PM Anwar and the PH-led government would have appointed a NEW MACC Chief, and not retain Azam Baki...

Has this anything to do with the Zahid Hamidi's 're-investigation' or investigation of new matters... Frankly it matters not, as the HIGH COURT already did a maximum evaluation of evidence already presented by prosecution and decided  'the prosecution had proven a prima facie case against the Umno president after a maximum evaluation of the evidence.' 

With regard the Zahid Hamidi's case, there are 2 representations

## Representation to have his graft charges dropped in this 'Akalbudi' case

## Representation to withdraw the appeal in the foreign visa system (VLN) case, where the prosecution has appealed to the Court of Appeal

Tan Sri Idrus Harun, our current Public Prosecutor, is thus in the LIMELIGHT - will he act independently and professionally which will improve PUBLIC PERCEPTION of the Public Prosecutor and Prosecution in Malaysia> OR will he end up being perceived as 'listening to his political masters' - hence not an independent public prosecutor.

Malaysian Judiciary, the Public Prosecutor and also Law Enforcement Must Always Be Seen To Be Independent - They must act even against the Prime Minister if he/she breaks the law...that is what Malaysia expects.

We are watching ... 

 

Zahid seeks to have YAB charges dropped, trial postponed to Aug 1

By NURBAITI HAMDAN Nation
Monday, 10 Apr 2023 11:50 AM MYT

KUALA LUMPUR: Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi has sent a representation to the Attorney General's Chambers (AGC) to have his graft charges in the trial involving misappropriation of funds from Yayasan Akalbudi (YAB) dropped, the High Court was told.

His lawyer Hamidi Mohd Noh told this to Court of Appeal judge Justice Collin Lawrence Sequerah, who is presiding at the High Court, citing "new facts and evidence" in the case.

Hamidi sought for the trial, which was to resume on Monday (April 10), to be postponed because of the latest development and to wait for the decision on the representation.

According to Hamidi, the representation letter which contained more than 200 pages was addressed to Attorney General Tan Sri Idrus Harun himself and the prosecution would need to study it.

The prosecution did not object to the postponement, he said.

Deputy public prosecutor Abdul Malik Ayob confirmed that the prosecution had received the lengthy representation letter, which he said contained "complex issues".

He also confirmed that the prosecution was instructed not to object to a postponement.

The judge then asked the DPP about the time needed to study and decide on the representation.

Abdul Malik replied that the AGC also received a letter attached to the representation from the Malaysian Anti-Corruption Commission (MACC), stating it would investigate the new issues raised by Ahmad Zahid's defence.

He said the prosecution had not received any information on the investigation but needed its outcome to decide on the representation.

"We do not know whether the investigation has begun or otherwise, (but) to complete the entire process, we would require the result of the investigation," Abdul Malik said.

Justice Sequerah then allowed the postponement.

He fixed Aug 1 for parties to inform the court on the result of the representation.

Ahmad Zahid is facing 47 charges, involving 12 for criminal breach of trust (CBT), eight for corruption and 27 for money laundering, involving tens of millions of ringgit belonging to Yayasan Akalbudi, a charitable foundation he established.

Prosecution says instructed not to object as Zahid's case adjourned for 'further probe'

The deputy public prosecutor says reasonable time is needed to consider the application due to the length of the latest representation by the Umno president.

Staff Writers

April 10, 2023 11:29 AM2 minute read

Umno president Ahmad Zahid Hamidi. Photo: Bernama

The prosecution in Ahmad Zahid Hamidi's corruption case on Yayasan Akalbudi funds today said it had been instructed by the attorney-general not to object to an application for an adjournment of trial pending a decision on a letter of representation for a reconsideration of the charges against him. 

Zahid's lawyer Hamidi Mohd Noh earlier told the court that the Umno president had sent a letter of representation to the Attorney-General’s Chambers (AGC) for the 47 charges of criminal breach of trust, corruption and money laundering against him to be dropped.

"We wrote a letter of representation in January, and we sent a continuation and a new representation with some new facts and evidence relating to the charges to the AGC in February," he said.

He also asked High Court judge Collin Lawrence Sequerah to adjourn today's proceedings pending a decision by Attorney-General Idrus Harun on the representation.

Deputy public prosecutor Abdul Malik Ayob then told the judge that he had received instructions from the attorney-general not to object to the application. 

"My instructions (from the attorney-general) was not to object to this application for adjournment. The letter was voluminous and had complex issues to be considered," he said, citing also the length of the letter which he said was 200 pages long. 

"After going through the representation which is lengthy and contained complex issues, we were instructed not to object to the application (for an adjournment of hearing) because the prosecution needs reasonable time to consider (the representation)," he added. 

He said the letter also stated that the Malaysian Anti-Corruption Commission (MACC) was conducting further investigations on the new evidence presented by the defence.

"We have not received any information regarding MACC's investigation, but the prosecution needs the results of the investigation to decide on the representation application.

"We do not know whether MACC has started the investigation or not, therefore to complete the whole process, we need the results of the investigation," he said.

Sequerah then allowed the case to be adjourned until Aug 1. 

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.

Last month, he succeeded in his bid for the permanent return of his passport, for the purpose of carrying out his official duties abroad. 

The passport was previously surrendered to the court as an additional bail condition. 

The Court of Appeal allowed his application, overturning the previous High Court decision by Sequerah dismissing his bid. - MalaysiaNow, 10/4/2023

Idrus Harun reappointed as AG, to serve one more year

Tan Sri Idrus Harun has been reappointed as the attorney general (AG) and would be serving one year under the latest appointment. ― Picture by Azinuddin Ghazali

By IDA LIM

Tuesday, 08 Mar 2022 6:14 PM MYT

KUALA LUMPUR, March 8 — The Malaysian government today announced that Tan Sri Idrus Harun has been reappointed as the attorney general (AG), and that he would be serving one year under the latest appointment.

Chief Secretary to the Government Tan Sri Mohd Zuki Ali made the announcement today.

“It is notified that in line with Article 145(1) of the Federal Constitution, Seri Paduka Baginda Yang di-Pertuan Agong has assented to the reappointment of Y Bhg. Tan Sri Idrus bin Harun as attorney general for a period of one (1) year with effect from March 6, 2022,” Mohd Zuki said in a brief one-paragraph statement today.

Under Article 145(1), the Yang di-Pertuan Agong shall, on the advice of the prime minister, appoint a person — who is qualified to be a Federal Court judge — to be the attorney general.

Today’s announcement came after Idrus’s two-year term as attorney general was to officially end on Sunday (March 6). 

Idrus, now aged 67, was first appointed on March 6, 2020 to be attorney general for a two-year term. Idrus replaced Tan Sri Tommy Thomas who had resigned from the position in late February 2020.

Immediately before becoming the attorney general in March 2020, Idrus was serving as a Federal Court judge.

Throughout his 42-year career, the Kedah-born Idrus — who is also a law graduate from Universiti Malaya — had served in multiple positions such as in the Attorney General’s Chambers’ (AGC) division which is tasked with drafting laws, being the head of the Federal Territory Prosecution Unit, and being a deputy public prosecutor with the AGC.

Idrus had also in the past served as senior federal counsel to both the Election Commission and the Malaysian Anti-Corruption Commission’s (MACC) predecessor Anti-Corruption Agency, and also as the solicitor general — the second-highest ranked AGC official after the attorney general — from 2006 to 2014.

He then served as a Court of Appeal judge for about four years, and as Federal Court judge from November 2018 until his March 2020 appointment as attorney general.

Idrus is also the older brother of Dewan Rakyat Speaker Tan Sri Azhar Azizan Harun.

Previously, on March 6, which was when Idrus’s term would have ended, news portal Free Malaysia Today (FMT) had reported Malaysian Bar president AG Kalidas as questioning the seeming delay in making an announcement over whether there has been an extension of Idrus’s term as attorney general.  

“It would be prudent if the prime minister does not wait until the eleventh hour to advise the Yang di-Pertuan Agong and announce the appointment in the event of vacancy or the extension of the current appointment,” Kalidas was quoted as telling FMT. - Malay Mail, 8/3/2023