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Thread: RPK's Love Letters to the MACC

   
   
       
  1. #31
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    July 29, 2012

    Rosli Dahlan Case: Prosecutorial Misconduct by A-G Gani Patail



    by Din Merican


    I generally avoid invitations for buka puasa during Ramadan as I do not want to miss my terawih prayers. But hosts and venues of buka puasa these days are so sensible that they arrange for prayer places (“musolla”) and even have an imam to conduct terawih prayers that makes it more attractive for guests to attend such events.

    That was one of the attractions for the buka puasa at the nasi arab restaurant Sahara Oasis at Jalan Ampang held by the Equestrian Association of Malaysia (EAM) recently.The guests list was a delight.

    I met old friends like Dato Seri Jamaludin Jarjis, Ambassador at Large to the US, and other known personalities in the horse riding fraternity. But my greatest delight was when I saw my young friend, lawyer Rosli Dahlan, entering the restaurant and was fondly embraced by most of the guests and riders of the EAM. He was clearly amongst old friends and familiar faces. Only then I knew that Rosli was one of the founders of the Malaysian Endurance Riding Society. (Endurance riding is a very popular sport especially when the Sultan of Terengganu was the Yang Di Pertuan Agong.)

    JAWI Matter

    I seized this chanced meeting to share a table to buka puasa with Rosli Dahlan. There was so much I wanted to ask him.The Borders case is one. Rosli is counsel for that case. I wanted to know why JAWI asked for the Syariah case to be brought forward. I wanted to know if that was part of JAWI’s plan to circumvent the Judicial Review proceeding which is pending in the civil High Court. I tried to coax him to criticize JAWI’s unprofessional and unethical actions that are bound to generate bigger controversy. But, tried as hard as I did, Rosli would not say anything. All he would say was that he hoped the High Court would issue a Stay Order against JAWI.

    Ramli Yusuff Case settled(?)

    I then asked him a more personal question. I asked him if it is true that Dato Ramli Yusuff has settled with the government. I had heard that Dato Ramli had agreed not to sue former IGP Musa Hassan, A-G Gani Patail, the government and the mainstream media for fixing Dato Ramli on the RM 27 Million Cop Story and the charges that were leveled at Dato Ramli.

    I had heard that the settlement would result in all the criminal appeals filed by A-G Gani Patail to be withdrawn and Dato Ramli would be reinstated with full rank and honors and some payments. I told him that if the rumours were true, then I am very happy for Dato Ramli and for him that their ordeals have finally come to an end. That would be a victory of sorts without having to be fought out in court and incurring huge legal costs. I knew that it would cost Rosli a bomb in legal costs for his criminal trial.

    I was totally unprepared for Rosli’s response. He gave me a long severe unflinching look. Then he said –“Din, you are talking to the wrong man. If you want to say all that, if you want to go congratulate someone, then go shake Dato Ramli’s hand, not mine !”

    It was a very sharp rebuke that stunned me. Immediately, Rosli got up. I saw him walking to the musolla. I wasn’t sure what I did wrong. I wasn’t sure if I had offended him. I finished my buka food and went to the musolla where I saw that Rosli was just about to finish his prayers in one dark quiet corner. I performed my maghrib prayers and saw that Rosli was still holding up his cupped hands making the doa and looking upwards as if he was conversing with God.

    I thought I heard a muted sob. I waited, and it was a long wait. Rosli sat there fixated, oblivious to the comings and goings of other people who took turns to pray in that musolla. He seemed to be lost in a very long doa as if a tormented soul was seeking solace from the Almighty. I waited still.

    Finally, he finished. He turned and looked at me to make salam and I saw his glistening eyes. I shook his hands and hugged him. He relented and let me hug him for a few seconds that felt like several hours when two men embrace in genuine friendship and camaraderie. I asked Rosli – “What is wrong my young friend? Are you ok? ” He gave me his familiar dimpled smile and the determined glint came back to his eyes. He said “Let’s makan”.

    While at the dining table to continue our buka puasa, I asked Rosli again if the settlement talk is true. He asked me to call Dato Ramli to get the real answer. By then, other friends had joined our table and everyone expressed their happiness that this whole episode is over for him and they jested that he can now go back to his first love– horseback riding!

    But I could see that Rosli was hiding something from everyone by the way he answered questions disjointedly in between his laughter and eating. Clearly, he was trying to avoid any probing by talking light things and jesting all the time. When the crowd at our table receded, I decided to get serious.

    I told Rosli that having supported him throughout his trial I deserve to know how matters would conclude, not because I am a busybody but because I consider his case of some importance since it is about the abuses in government. I reminded him that on the day of his acquittal, he had made some sort of a pledge to prevent these abuses and to expose the rogues in government.

    MACC offered a Bargain on behalf of the A-G


    My remarks seemed to strike a chord with Rosli. He looked at me and apologised for his earlier conduct. He said that he is very grateful for all my support. He then told me that some months back, he had been approached by Dato Razak Musa, the MACC Director of Prosecution, as a messenger of A-G Gani Patail. Dato Razak said that if Rosli were to withdraw his civil suits, A-G Gani Patail would allow the MACC to withdraw the criminal appeal that is pending against him.
    I was stunned to hear that bargain was offered by the MACC. That smacks of “prosecutorial misconduct” a term used by one commentator on my blog, Mr Bean, in describing the prosecution actions against Rosli. This is a real abuse of power. This is a blatant bully tactic.

    Furthermore, it is totally wrong to commence or pursue prosecution against an innocent person just to strike fear in him or to make a bargain to cover up for an earlier wrongdoing. This is total dishonor to the Office of the A-G.
    This is not what Article 145(3) of the Federal Constitution intended when it confers discretionary powers upon the AG to commence and discontinue criminal prosecution against anyone in Malaysia. It is this arrogant abuse of power by the AG that results in selective prosecution in Malaysia.

    I asked Rosli if that’s what is troubling him and what is happening to his cases. Rosli said that all the civil cases are coming up for hearing very soon and he is not too hopeful. He said that in one case, the matter came up in the court of appeal several times and it gets postponed every time because one judge or another would seek recusal.

    No Deal, says Rosli

    Rosli then said something under his breath that I thought sounded like “I might as well be judged by all my enemies”. I did not ask for clarification as he sounded sad enough already.

    Rosli said that Ramadan had become so painful for him because he was abused, humiliated, arrested, detained and charged by the MACC in Ramadan 2007. He said that he couldn’t possibly accept the bargain offered by Dato Razak Musa as that would mean losing his dignity and self value. Rosli then wryly said that it’s not just a cruel irony that the MACC’s appeal against his acquittal will be coming up next week on August 2 during Ramadan, but that it was orchestrated to remind him of the things that those in power can do to inflict pain and suffering.

    After saying all these, Rosli must have suddenly realised that he had said too much and then requested “Din, please don’t write any of these. It’s personal between us ok?” I did not reply.

    To Rosli, I have to say sorry but I can’t keep what he had told me as a private matter.

    It is not a private matter when there is prosecutorial misconduct by A-G Gani Patail and Razak Musa in abusing their powers to pursue the appeal against his acquittal only because they could not get Rosli to withdraw his civil suits.


    To Rosli, I have to say that I respect and salute him more for not caving in. Only in times of crisis like this that we can separate the men from the boys. To Rosli, I say La Tahzan(Don’t be Sad) because God is watching over you and so will we!
    py

  2. #32
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    Rosli Dahlan triumphs again!


    August 27, 2012 by dinobeano
    15






    [COLOR=#]8 Votes[/COLOR]


    August 27, 2012
    Rosli Dahlan triumphs again as Bank Negara loses Appeal

    by Din Merican
    I was deeply troubled when I read the news reports that in Karpal Singh’s trial for uttering seditious words against HRH Sultan of Perak, DPP Noorin Badarudin insulted the court when she submitted that “The Attorney-General has the sole discretion and absolute power in deciding who to prosecute…. and the A-G’s discretion cannot be questioned in Court HEREThat is a startling arrogant statement that A-G Gani Patail can show his middle finger to the courts of this country and there is nothing the courts can do about it because A-G Gani will definitely notallow himself to be charged before any court of law. No wonder A-G Gani Patail seems invincible despite the expose’ on his Hajj exploits with Tajuddin Ramli’s proxy, Shahidan Shafie; his interference with the Ho Hup Bhd Boardroom tussle and even the highly explosive book by Zainal Abidin Ahmadtitled ‘Tan Sri Abdul Gani Patail: Pemalsu, Penipu, Penjenayah?
    It seems that A-G Gani Patail can fix people up and practise selective prosecution (more like persecution) and there is nothing anyone can do about this.Was that why, five years ago A-G Gani Patail dared to sanction the brutal arrest of lawyer Rosli Dahlan and then make the Anti-Corruption Agency (now known as the the Malaysian Anti-Corruption Commission [MACC]) to charge him on Hari Raya eve?Was that why the MACC was not bothered about losing that case badly despiteits Deputy Director of Prosecution, DPP Kevin Anthony Morais, being exposed as a Liar? Was that why A-G Gani Patail remained unperturbed and made the MACC appeal against Rosli’s acquittal and kept that hanging on for two more long years but withdrew it last minuteon the very day the appeal came up for hearing? Is it because A-G Gani Patail feels his conduct cannot be questioned by anyone, even by the Prime Minister? I considered that as an abuse of power, malicious prosecution and prosecutorial misconduct and made that the central theme in my recent writings inthese links: HERE, HERE, HERETo my mind, abuses must be exposed and checked by the Courts– that simple! That is why I posted Tan Sri Robert Phang’s Statutory Declaration describing how the MACC knew they had no case but was made to continue persecuting Rosli by A-G Gani Patail. I now understand why Rosli had filed multiple law suits against those him he considered “Rogues in Government” to seek accountability from them. Despite initial disappointments when dirty tactics were used in Rosli’s criminal trial and goal posts were changed several times, Rosli was vindicated by the criminal courts.

    Rosli is now pursuing civil claims against his perpetrators – 17 Defendants were named in his RM50 million law suit filed in 2008 including the Government of Malaysia. He also sued big mainstream media like Utusan Malaysia, The Star and The NST. Utusan Malaysia had published a public apologyadmitting that “their news article was untruthful and written in a sensational manner to generate publicity which exceeded the parameters of ethical journalism”.Rosli seems to be taking on the whole establishment. As I have seen how his family and career suffered during his incarceration and persecution, perhaps he should step back and think about his family. Many will be cheerleaders but eventually he will be standing alone in facing the onslaught from those in the corridors of power. That is my friendly advice because his path towards vindication has been quite a rocky climb and he has had to go through a baptism of fire. In November 2011, Rosli suffered a setback when High Court Judge John O’Hara (not sure which Irish stock he is from) struck out his RM50m claim against Defendant No.16, Abdul Rahman Abu Bakar, the Bank Negara Financial Intelligence Manager. Judge O’hara held that Rosli had no cause of action against Bank Negara Malaysia (BNM).

    But this morning, the Court of Appeal Justices Dato Ramli Ali, Dato Zaharah Ibrahim and Dato Anantham Kasinather unanimously disapproved of Judge O’Hara’s decision. The Court of Appeal held that the High Court Judge had misdirected himself on the law on conspiracy and that the facts showed that Rosli has sufficiently shown misconduct on the part of BNM for colluding with the rest of the defendants in fixing up Rosli. BNM was even ordered to pay cost of RM10,000 to Rosli to show how the Court of Appeal disapproved of BNM’s conduct. Rarely, one gets costs against government.

    This is certainly good news. In celebration of that fighting spirit, I want to share with my readers the lyrics of Randy Newman’s song “Can’t Keep A Good Man Down (HERE), especially this part:

    Listen, when you’re on the bottom like I am todayThose around you are losing faith in what you’re tryin’ to doThere is only one thing a man can say‘You can’t keep a good man down’Treat a man like dirt, give him no respect for who he isExpect something dirty in returnOh, they’re flyin’ high up there, they’ve got a lot to learnBecause you can’t keep a good man down

    They shame me, blame me, tryin’ to frame meBut they can’t keep a good manThey can’t keep a good man down….’ ________________________________
    August 27, 2012


    Bank Negara Malaysia reinstated as Defendent In Rosli Dahlan RM50 million Lawsuit



    by Hafiz Yatim@<b><a href="http://www.malaysi...ni.com</a></b>

    The Court of Appeal today has unanimously reinstated Bank Negara Malaysia (BNM) as one of the parties in lawyer Rosli Dahlan’s RM50 million lawsuit for unlawful search of his assets during former Commercial Crime Investigation Department chief Ramli Yusuff’s Copgate saga.

    Last November, Kuala Lumpur High Court judge John Louis O’Hara had struck out Bank Negara Financial Intelligence Manager as one of the defendants in the lawsuit.However, today the appellate court has reinstated Bank Negara as one of the parties.The other defendants include the Malaysian Anti-Corruption Commission (MACC), its chief commissioner Abu Kassim Mohamed, the MACC deputy head of prosecution Anthony Kevin Morais, who is a representative of the Attorney-General’s Chambers, as well as Utusan Malaysia and one of its editors Mohd Zaini Hassan.

    The appellate court, in reinstating Abdul Rahman as a defendant, said he had colluded with the others to unlawfully search Rosli’s assets in its investigations on Ramli.

    The three-member panel was led by by Justice Ramli Ali. The others are Justices Zaharah Ibrahim and Anatham Kasinather. In addition, the Court of Appeal has ordered Bank Negara to pay RM10,000 in costs.

    Rosli’s partners in his law firm of Lee Hishammuddin Allen & Gledhill, Kumar Kanasingam and Chetan Jethwani appeared for the lawyer.

    They managed to convince the three-member panel that Justice O’ Hara misdirected himself on the law and facts of the case on conspiracy.

    Rosli had three years’ ago filed a suit against various individuals in the MACC, Bank Negara and government.He is seeking RM20 million for general damages and RM30 million for exemplary and aggravated damages.

    Helping Ramli and Johari Baharom



    In his claim, Rosli described the acrimonious relationship between Ramli and former Inspector General of Police (IGP) Musa Hassan and how the IGP had used the MACC, formerly the Anti Corruption Agency (ACA), and the Attorney-General’s Chambers to implicate him and Ramli in what is now described as Copgate affair.

    Rosli claimed he had acted for Ramli and the then Deputy Home Minister Johari Baharom against the habeas corpus application of alleged crime lord Goh Cheng Poh or better known as Tengku Goh in 2007.

    His predicament came when Johari instructed Ramli to conduct an investigation into a money-lending syndicate in Tangkak, Johor led by Tengku Goh who was then detained and banished under the Restricted Residence Act 1933, where the order was signed and executed by the Deputy Minister.

    However, Musa sees Goh’s arrest as disloyalty on the part of Ramli resulting in the IGP further initiating ACA investigations on him. This resulted in a strained relationship between Musa with Ramli and Johari.

    Rosli further stated in his claim that the Attorney-General’s Chambers did not want to act for Ramli and Johari in Tengku Goh’s habeas corpus application, resulting in them and several police officers involved in the investigation to seek Rosli’s help.

    However, in return Rosli claimed he earned the wrath of the Attorney-General’s Chambers and Musa leading to investigations by the MACC where Bank Negara was used to initiate investigations under the Banking and Financial Institution Act 1984. This led to his arrest and subsequent charge on the eve of Hari Raya.

    On October 12, 2007, Rosli was charged with failing to declare his assets in two months as required under a notice dated July 17, which was later extended to Aug 16, an offence punishable under Section 32 (2) of the Anti-Corruption Act 1997.

    He was later acquitted by the Sessions Court without his defence being called. Earlier this month, he further won a reprieve after the prosecution withdrew its appeal at the Kuala Lumpur High Court over his acquittal.

    Meanwhile Ramli, who faced five charges following the persecution, was also acquitted. So were his men, who were charged with fabricating statements leading to Tengku Goh’s arrest. They were then reinstated and promoted.



    py

  3. #33
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    'Ex-IGP lied he does not know underworld boss'



    • Hafiz Yatim and Victor WS Tan


    • 8:20AM Aug 28, 2012

    EXCLUSIVE Retired federal police chief Musa Hassan is lying outright in denying that he had contacts with shady underworld kingpins Goh Cheng Poh, or Tengku Goh, and BK Tan when he was inspector-general of police.

    So says former Commercial Crime Investigations Department director Ramli Yusuff (left), who added that evidence gathered by his CCID team, an unchallenged statutory declaration and court testimonies prove otherwise.

    Furthermore, in Ramli's abuse of power trial in the sessions court in Kota Kinabalu, Musa had been found to be an unreliable witness when testifying against Ramli.

    "Musa was the last witness to testify in my abuse of power trial. He was found by sessions judge Supang Lian to have contradicted the testimonies of seven police officers under him. Hence, the judge dismissed Musa's testimony as unreliable," Ramli added.

    "Here, we have a junior judge passing such a remark on the then serving IGP. This is a disgrace to the police force," he told Malaysiakini in an interview.

    The judge made the remark in 2009 when acquitting and discharging Ramli without calling for his defence.

    Ramli, who has since been cleared on all five charges he insists were trumped-up, spoke to Malaysiakini when asked to comment on Musa's interview with the news portal in May this year, in which the former police chief denied knowing underworld kingpins Tengku Goh and BK Tan.

    Tengku Goh is reportedly an underworld boss who enjoyed Musa's backing when Musa (right) was Johor police chief.

    Musa was said to have eliminated all loan sharks, money-laundering syndicates, gaming and drug syndicates and crime lords in Johor, but allowed Tengku Goh to continue operating - until the Bukit Aman CCID found out about Goh's activities.

    As a result of this discovery, called the Copgate affair, Ramli and his men were instead hit with trumped-up charges by attorney-general Abdul Gani Patail, who was accused of colluding with the then police chief.

    Ramli was eventually cleared without his defence being called and appeals by the AG against the decision were thrown out by the upper courts.

    Meanwhile, Ramli's men who were similarly charged were also acquitted without their defence called. The prosecution however did not appeal their acquittals.

    Some of these police officers, who were driving taxis to make ends meet following their suspension from the force, have now been reinstated and promoted.

    What the CCID team uncovered...

    In the Malaysiakini interview, Ramli also denied that his CCID team encroached into Criminal Investigation Department's (CID's) jurisdiction as alleged by Musa.

    Acting on information received, Ramli said he and his team recorded intelligence statements from underworld whistleblowers, who detailed the illegal activities committed by Tengku Goh and his involvement with Musa.

    "The police submitted this information to Deputy Internal Security Minister Johari Baharom, who directed us to continue with the investigations as the government wanted to curb all illegal activities such as money laundering, illegal gaming, loan shark or illegal money-lending activities, drug smuggling and gangsterism.

    "When we have information, we investigate. How can we stop investigations (when we come across any illegal activity involving syndicate members in the course of our investigation)?

    "We are police officers and we are supposed to investigate, regardless of whether the matter comes under the purview of the CID, Anti-Narcotics Department, Internal Security Department or any other department in the police force.

    "Our powers are the same, as enshrined under Section 3 of the Police Act 1967 and other relevant laws," Ramli added.

    In the bizarre Copgate affair, deputy minister Johari (right) was himself accused of having links with the mob for releasing three gangsters held under the recently repealed Emergency Ordinance, which allowed for detention without trial.

    It is believed that Johori ordered Ramli to probe Musa in a tit-for-tat battle between the deputy minister and the IGP.

    Both men - the politician and the police chief - were subsequently cleared of mob involvement by the anti-corruption agency after the scandal broke in 2007.

    Ramli said he later got to know that the current deputy IGP, Khalid Abu Bakar, who was then deputy director of CID, had investigated Tengku Goh a few months before his men were asked to being their investigation.

    However, Ramli said, he was informed that Khalid's investigation was stopped by Musa, who claimed that the allegation against Goh was baseless and that some police officers were trying to fix him up.

    "Apparently Musa interfered, resulting in the transfer of some of the officers involved in the investigation. Khalid himself was removed as deputy director of the CID and appointed Selangor police chief," he said.

    "How can Musa have the guts to say he does not know Tengku Goh when the fact is that Tengku Goh named him in his affidavit to secure his release as a restricted resident under the Restricted Residence Act?"

    Furthermore, Ramli said, he and his team received information that when Musa was Johor police chief, he acted against all crime syndicate members, except Tengku Goh.

    "You can ask any police officer in Johor... they will know who Tengku Goh is."

    Ramli accused Musa of blatantly lying when saying that he did not know Tengku Goh.

    "He was not telling the truth. How could Musa claim that this particular person was fixed when we recorded statements from sources (whistleblowers) saying otherwise? There is also evidence provided in court to prove this," he said.

    Musa's son worked with BK Tan

    Ramli also questioned how Musa could deny not knowing BK Tan, another shady character who had worked behind the scenes with key personnel in the police force on the transfer of certain police officers.

    He cited the sworn statement of a police officer, ASP Mior Fahmi Ahmad, which said he saw Musa's son working with BK Tan at his office in Amcorp Mall, Petaling Jaya, at which former police commissioner Othman Talib was also present.

    Mior Fahmi, who was transferred from Sabah, was brought to Amcorp Mall by another senior police officer to meet BK Tan. He was later sent to Johor to take charge of the D7 unit, which handles gaming, vice and secret societies.

    "He (Mior Fahmi) was given a house to stay, free of charge, by the syndicate.

    "We also have a statutory declaration from Musa's former aide-de-camp ASP Nor Azizul Rahim, who disclosed that they discussed the transfer of D7 officers at Musa's home, together with BK Tan and ex-police commissioner Othman.

    "Musa was given a name list of officers by BK Tan to be issued with transfer orders. These were officers who were on BK Tan's payroll.

    "Moreover, Musa was found to be an unreliable witness by the sessions court in the case against me, and this finding was also affirmed by the High Court in Kota Kinabalu and by the Court of Appeal. So, who are we to believe?" Ramli said.

    He said the allegations made against Musa were damaging and based on the statutory declarations as well, Musa's claim that he does not know BK Tan and Tengku Goh made no sense at all.

    Musa's former aide, ASP Noor Azizul Rahim, who is now attached to a federal ministry, was contacted by Malaysiakini to verify the contents of his SD.

    However, he declined to make any further comment on the issue, saying that he would nevertheless be willing to testify before a tribunal, should one be set up.

    Home Minister Hishammuddin Hussein has in March this year rejected the need for an inquiry on the scandal.

    Related report


    Bizarre case of ex-IGP, AG and an underworld boss



    py

  4. #34
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    No conspiracy to oust then IGP Musa, says ex-top cop




    • Hafiz Yatim and Victor WS Tan


    • 8:26AM Aug 29, 2012

    EXCLUSIVE Former Commercial Crime Investigations Department (CCID) director Ramli Yusuff insists that there was no conspiracy on his part to bring down former inspector-general of police Musa Hassan.

    According to Ramli, it was Musa who held a grudge against him and used a shady character, who was arrested in October 2006, to concoct lies against him when a number of top officers were vying for the post of deputy inspector-general of police.

    The DIGP is second in line to the IGP, the supreme commander of the police force, a post which Musa was eyeing.

    Ramli (left) said that in order to kill off his rivals, Musa accused other senior officers who were likely candidates for the DGIP's post of trying to damage his reputation.

    "Musa used a person by the name of Moo Sai Chin, who was then held under the Emergency Ordinance, to defame me in 2006, saying Moo bribed me and several other police officers some eight years ago. This prompted the Anti-Corruption Agency (ACA) investigations.

    "The irony is that although several police officers were allegedly named, I was the only one investigated, which led to charges being framed against me.

    "I was said to be the RM27 million cop, with the ACA, Musa and the attorney-general using the media to implicate me. To say I was trying to pull down Musa by making all this allegations is inappropriate," Ramli told Malaysiakini in an exclusive interview

    Moo was never produced by the ACA, which led the prosecution in Ramli's trial in Kuala Lumpur, to prove his claims that the then CCID chief was on the take.

    This led to sessions court judge M Gunalantaking a dim view of the prosecution case and Gunalan went on to acquit and discharge Ramli without his defence being called.

    Ramli explained that Musa worked under him in the Criminal Investigations Department (CID) for six years, and that he was responsible in promoting Musa twice.

    Having spent most of his career with the CID, Ramli said, he even helped stop Musa's imminent transfer to Perlis as the officer-in-charge of the CID there after Musa pleaded against the transfer.

    "Yet, despite all this, Musa (far right) conspired to fix me up. What evidence has Musa to say that all those against him were trying to fix him up?

    "In fact, my men and I have evidence of Musa's wrongdoings when he was the Johor chief police officer and as IGP too, with some revelations made in the Copgate affair," he said.

    In the first part of the Malaysiakini interview published yesterday, Ramli questioned Musa's claim that he did not know alleged crime kingpins Goh Cheng Poh or Tengku Goh, and BK Tan, who were said to be responsible in deciding, with Musa, the transfers of a number of key police officers.

    Musa is also alleged to be behind controversial blog postings that implicated former internal security minister Johari Baharom, who had been directed by the cabinet to handle the Ah Long (illegal money lending) activities in the south of the peninsula.

    Following investigations against Musa and Johari, the ACA cleared both the men.

    'Musa stole Anwar's blood sample'

    In the interview, Ramli revealed additional information relating to the police investigation into the first sodomy trial involving Opposition Leader Anwar Ibrahim, who was sacked as deputy prime minister in 1998.

    "Like in my case, I want to ask Musa: what right does he have to fabricate evidence against somebody he dislikes?

    "He stole Anwar's blood sample. He himself admitted he took the blood sample in the black-eye case for matching purposes, after Anwar was charged," Ramli said.

    Former Kuala Lumpur CID chief Mat Zain Ibrahim, who was also present at the Malaysiakini interview, collaborated Ramli's story.

    He said the discovery was made during the Royal Commission of Inquiry into Anwar's black-eye incident when a Hospital Kuala Lumpur doctor who examined Anwar complained to the RCI that Anwar's blood sample was missing.

    Mat Zain was the investigating officer in the black-eye incident.

    Musa had, in an interview with Malaysiakini earlier this year, admitted that he took Anwar's blood sample.

    Musa, who was the investigating officer in the sodomy case, at first said the blood sample was for a HIV test to be carried out after Anwar's wife Dr Wan Azizah Wan Ismail expressed her fear that her husband could being injected with the AIDS virus.

    Later, when quizzed further in the Malaysiakini interview, the former IGP conceded that he took the blood sample for a DNA test to be done.

    "Yes, I did use the blood for a DNA test. I used it to test it with the sample from the mattress," Musa revealed in the interview.

    "I had to conduct a full investigation as the allegations in the book ‘50 Reasons Why Anwar Cannot be PM' were extensive, and there was the affair at the Tivoli Villa and other allegations."

    The sample, Ramli maintained, was inappropriate for DNA testing, and that it was wrong of the police to force an accused person to give his or her blood sample.

    "They cannot even take (a blood sample) without the suspect's consent, what more steal it. We were told that the sample was taken without Anwar's knowledge, and after the former deputy prime minister had been charged.

    Ramli said he had testified against former IGP Abdul Rahim Noor (left) in the black-eye incident, and because of this Musa accused him of being sympathetic to Anwar.

    "I happened to be in the lock-up when the incident happened (where Abdul Rahim assaulted Anwar resulting in the black eye). What am I supposed to do? Of course, I am expected to back my superior officer, Abdul Rahim...

    "But I also have to tell the truth on what I saw. What does this have to do with siding with someone? I would do this if it was any other person." he said.

    Gani abusing his powers?


    Ramli also claimed that AG Abdul Gani Patail had conspired with Musa in abusing his powers by demanding the original case files from CCID on the investigations against Musa, which are highly confidential.

    "The AG has no power to call for the confidential source files. The source file (called the cicerro) is classified under the Official Secrets Act and only the handling officer has privy to it. Not even the supervising officer can have privy to the files.

    "It is only the minister (of the Home Ministry) who has the power to call the file and it has to be declassified before he looks into it. The AG has no power to call for the files, only the minister. There never has been a minister calling for a source file, but Gani (right) did it," he said.

    The Inspector-General's Standing Orders, Ramli added, state this clearly. All source files must be kept confidential and their particulars must not be divulged to anybody. This is to protect the sources who are providing sensitive information to the police.

    The former top cop continued to maintain his earlier claim that after Abdul Gani took the files, he passed them to the ACA, which then harassed the underworld whistleblowers who had implicated Tengku Goh @ Goh Cheng Poh to retract their statements.

    This resulted in Ramli's men, who took the statements, to be charged with recording false statements. However, they were all discharged and acquitted without their defence being called.

    "These whistleblowers then met Johari to reiterate that what they said in their original statements about Tengku Goh was the truth." Ramli said.

    Many quarters, including Ramli and Mat Zain, have repeatedly demanded for a tribunal to be set up against Gani and Musa to investigate their alleged wrongdoings.

    However, despite Ramli's revelations of the Copgate affair and Mat Zain's open letters implicating Abdul Gani in the Anwar black-eye case, Prime Minister Najib Razak has shot down calls for such a tribunal.



    py

  5. #35
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    Oct 2008
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    13,391

    Ex-top cop files suit against AG, ex-IGP and MACC




    Six years ago today, former commercial crime investigation department director Ramli Yusuff was hauled to the Sessions Court in Kuala Lumpur on five charges, in which he was fully vindicated after a long and protracted battle.

    Today he named attorney-general Abdul Gani Patail and 11 others in a RM128.5 million suit for malicious prosecution.

    Ramli, 61, also named former inspector-general of police Musa Hassan, the Malaysian Anti-Corruption Commission, the Attorney-General's Chambers head of prosecution Nordin Hassan, previously Anti-Corruption Agency prosecution chief, several MACC officers, the police and government as defendants.

    The former top cop's legal action stems from the acquittals he secured in Kuala Lumpur and Sabah and after the government failed to restore his various rights and privileges as a top government official. Ramli (right) was ranked number 3 in the police force when he was arrested.

    According to Ramli, he had informed the government that he intended to begin legal actions much earlier but was advised by a top government official not to do it before the May general election.

    However after the nationwide polls, and when his various rights and privileges were not reinstated, Ramli unleashed a slew of legal actions.

    In July, he filed suits against several media groups for defamation, and followed by today's suit filed at the Kuala Lumpur High Court.

    The law suit touches on a number of cases which Ramli was involved in over the past decade - from Anwar Ibrahim's black-eye incident, the RM27 million cop allegation, to the 'Copgate affair'.

    Ramli claimed his relationship with Abdul Gani soured in 2006 after he met then prime minister Abdullah Ahmad Badawi and recommended that former MAS chairperson Tajudin Ramli be charged following severe losses suffered by the company.

    "But the AG decided not to prosecute Tajudin. I even told the PM then that if the AG was reluctant to prosecute Tajudin, the CCID would have the necessary resources to conduct the prosecution.

    "This earned Gani's permanent displeasure...," he said in his statement of claim.

    Ramli claimed his victimisation began because of this and pointed to Gani's questionable relationship with Tajudin's proxy and relative, Shahidan Shafie, as indicated by the controversial haj trip they allegedly took together.

    However, Gani was cleared by the MACC after a probe on the matter.

    Musa's mercurial rise


    The former CCID chief in his law suit,said Musa had a mercurial climb since former deputy minister Anwar Ibrahim's Sodomy I charge in 1998. Musa was the investigation officer in that case.

    He said his relationship with Musa, who had served under him at one point, took a turn for the worse when then police chief Norian Mai asked Ramli to issue show cause letters to Musa for breaches of discipline, protocol and procedure.

    Ramli added he would also rely on Musa's former aide de camp ASP Noor Azizul Rahim Taharim's unrebutted statutory declarationto prove his claim.

    "In Musa's ascent to IGP, he enlisted the assistance of Gani and Nordin to eliminate me from the police hierarchy. I call this a conspiracy," Ramli continued in his statement of claim.

    Part of it involved having Emergency Ordinance detainee Moo Sai Chin, a murder suspect, to frame Ramli for corruption. This hindered his ascendency to deputy IGP, and cleared the way for Musa to clinch the post.

    Ramli further claimed that from December 2006 to October 2007, he was joint chief of a cabinet committee with then deputy home minister Johari Baharom to eliminate a well-connected money-laundering syndicate.

    In March 2007, he was directed by Johari to look into a Tangkak money lending syndicate led by Goh Cheng Poh or better known as Tengku Goh who was later arrested and put under restricted residence.

    Musa, he alleged, interfered with the course of that investigation and along with Gani (right), tainted the findings and investigations by the CCID. (See Malaysiakini report 'Bizarre case of ex-IGP, AG and an underworld boss')

    Ramli claimed Gani had issued an unusual order demanding that he revealed highly confidential information on the whistleblowers leading to Goh's arrest - called the ‘Cicero files' - to the MACC. This resulted in the informants retracting their earlier statements indicting Goh.

    Ramli further claimed that Musa and Gani did not want to assist his department in Goh's habeas corpus application by not wanting to draft affidavits in reply. Eventually, he had to ask a private lawyer, his friend Rosli Dahlan, to draft the affidavits rather than the Attorney-General's Chambers.

    This also resulted in six CCID officers who helped Ramli in making the Tengku Goh arrest charged for procuring false statements. However, they were all later cleared of wrongdoings.

    Alleged abuse of power

    Ramli also alleged that sometime in April 2007, Musa (left) initiated an investigation on him for alleged abuse of power in using a police aircraft while he was Sabah police chief.

    He also intensified investigation against Ramli using underground kingpin Moo's false statement which alleged that the former CCID chief had amassed wealth through corrupted means.

    This led to the MACC launching a probe on him and also his lawyer friend, Rosli Dahlan.

    The MACC alleged Ramli was worth RM27 million, and he was subsequently charged for failure to declare his ‘hidden' assets.

    However he was subsequently acquitted of the charges by the courts in Kuala Lumpur, Kota Kinabalu and Putrajaya.

    Ramli argued that he had been maliciously prosecuted and his prosecution was an abuse of the legal process. He had also suffered severe damage to his reputation and denied advancement in his career, in particular his chance to be deputy IGP.

    Hence, he is claiming RM1.5 million in special damages for expenses incurred in defending himself in Kuala Lumpur and Kota Kinabalu, punitive damages of RM50 million, another RM50 million for aggravated damages, as well as exemplary damages of RM27 million.

    Ramli is also seeking general damages.

    On Wednesday, Musa apologised to Ramli in court following another lawsuit filed by the ex-CCID chief over the former IGP's "white knight and black knight remark" at a press conference last year.
    Malaysiakini has contacted Abdul Gani via text and email and is awaiting his response.

    The portal has also sent text messages to MACC chief commissioner Abu Kassim Mohamed and also former IGP Musa and is awaiting their response.



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