Gani himself lied, knew what wrongs he has done - ex-top cop

Attorney-General Abdul Gani Patail would never have been appointed to his position if he was honest with the King, claims former KL CID chief Mat Zain Ibrahim.

PETALING JAYA: Former Kuala Lumpur CID chief Mat Zain Ibrahim has alleged that Abdul Gani Patail “deceived” the King prior to being appointed as attorney-general.

He said that if the King had known about Gani’s past exploits, the former would not have allowed the latter to be the AG.

The retired policeman said if Gani was an honest man, he would have voluntarily rejected his appointment as the AG as “he himself knew what wrongs he has done.”

“The King would not have appointed Gani as the AG if he was not deceived into thinking that Gani is clean of any crime,” he said.

“We are sure that the Yang Di-Pertuan Agong would never have never consented to the appointment of any individual who has such bad character, and what more someone who has committed a crime, as a High Court Judge, Appeals or Federal [Courts] or as a attorney-general,” he alleged.

Mat Zain said this in an open letter today to Inspector-General of Police Ismail Omar, a copy of which was also forwarded to Prime Minister Najib Tun Razak.

He added that Gani was also aware of the comment by the Federal Court judges led by Steve Shim in the case of Zainur Zakaria vs PP 2001, which was “unfavourable” and “adverse” as well as touched on Gani’s character.

Dishonestly concealing material facts was regarded as a “deception” and would fall under Section 415 of the Penal Code for cheating, he said.

‘I am prepared to prove it’

Mat Zain reiterated that he was ready and able to prove the allegations against the AG and ex-IGP Musa Hassan, in particular the alleged cover-up of the “black eye probe”.

Referring to a book written by one Zainal Abidin Ahmad titled “Abdul Gani Patail: Pemalsu, Penipu, Penjenayah?”, Mat Zain said the author, on his own, cannot prove the various allegations.

[On Monday, Social Care Foundation chairman Robert Phang lodged a report urging police to investigate the contents of the book]

“I believe Zainal, by himself, would be unable to prove Gani’s wrongdoings. But I can, and am able and ready to prove the allegations against Gani and Musa, in particular with regard to the falsification and fabrication in the investigation of the black eye incident that is being debated until today,” he alleged.

Mat Zain said the police should put in the same enthusiasm in probing the contents of Zainal’s book as they did with “50 Dalil Kenapa Anwar Tidak Boleh Menjadi Perdana Menteri” involving Opposition Leader Anwar Ibrahim when he was deputy prime minister.

He again called for a tribunal to be set up to probe the allegations against Gani as it was the only institution powerful enough to remove the top civil servant.

Mat Zain said that whichever parties stating that they would form an independent panel or a high powered task force, were wasting their time.
“It can also be seen as a means to confuse the rakyat to protect Gani from any punishment for challenging the Agong.

“As prescribed under Article 125(3) of the Constitution, only the King can, after being advised by the prime minister have the power and authority to form a tribunal to probe a judge from the High Court, Appeals Court or Federal Court or an attorney-general,” he said.

He said that not only should Gani face a tribunal for the alleged wrongs he had done, he should also be charged in court.

Mat Zain said that even though Gani was given powers by the Agong when he was appointed in 2002 in accordance with the Constitution and other laws, it did not mean that whatever he did previously was “cleared”.

“And the appointment of Gani also does not give him a limitless license to commit crimes at his whim and be immune to any punishments of the law,” he said.

Mat Zain said that among the “crimes” that could be proven against Gani before he was appointed as an AG included the alleged falsification of statements in the investigation of the black eye incident and using false statements in the corruption case, both involving Anwar.

He noted that Musa himself had admitted during a recent interview that he had taken blood samples from Anwar for HIV tests but it was subsequently used for a DNA test during the first sodomy trial against Anwar in 1998.

“The admission of Musa as such invites more questions as to the statement he gave to former premier Dr Mahathir Mohamad to convince him that Anwar was involved in homosexual activity,” he said.

“Before his appointment as AG, Gani was also linked to the alleged abuse of power and other offences involving the investigation of Mahathir, former international trade and industries minister Rafidah Aziz and in particular, the case of former Malacca chief minister Rahim Thamby Chik,” he said.

‘Najib knows about it’

Mat Zain also referred to an answer by Minister in the Prime Minister’s Department Nazri Abdul Aziz in Parliament on March 30, 2011 to DAP’s Lim Kit Siang, saying that the AG had no power to indemnify anyone based on political considerations.

“At the time, Nazri promised to check the status of the RM40 million that was confirmed by the MACC as well as Gani himself to have been obtained by Rahim Thamby Chik by corrupt means while he was the Malacca CM,” he said.

Mat Zain said that after almost 17 months, the public was still awaiting an answer from Nazri on whether the RM40million had been returned to Rahim.

He said that Najib himself was briefed in October 2008 while he was still the deputy prime minister, of the various allegations against the AG, including evidence to support the claims.

“With so much prima facie information on Gani and Musa’s criminal wrongdoings, that is already with Najib, there is no reason for him not to form a tribunal to investigate, unless there is something that he is concerned about,” he said.

Najib had previously turned down calls for a tribunal to probe the AG over allegations that the latter had “fixed” former Commercial Crime Investigation Department chief Ramli Yusuff while investigating an underworld figure.

Among the various allegations levelled against Gani, include the Ho Hup Construction Bhd affair, in which Gani was alleged to have favoured the company’s former executive deputy chairperson Vincent Lye, who hailed from Sabah, and in return was alleged to have received RM18,000 for the renovation of a bungalow in Seremban.

Gani could not be contacted for comment.

By Teoh El Sen
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Mat Zain: Only a tribunal can remove attorney-general

Hafiz Yatim (Malaysiakini related news)
12:33PM Aug 7, 2012

Malaysian Anti-Corruption Commission's deputy chief commissioner Mohd Shukri Abdull's statement that the MACC once formed a panel to investigate the attorney-general has brought scorn and contempt upon him.

Former Kuala Lumpur CID chief Mat Zain Ibrahim questioned the MACC's power to appoint a panel to investigate allegations made against the attorney-general Abdul Gani Patail.

Mat Zain told Malaysiakini today he was taken aback by Shukri's response yesterday.

Asked whether the graft body could take action action against a sitting AG, Shukri (left) had said the MACC had had once formed a three-member panel to probe the AG over Anwar Ibrahim's black eye-incident.

Mat Zain said the Attorney-General's Chambers itself had no right or power to appoint such a panel, especially where a sitting AG was concerned.

"The only person who can appoint a panel called a 'tribunal' to adjudicate the conduct of an AG is the Yang di-Pertuan Agong, as stated under Article 125 (3) of the Federal Constitution and read together with Article 145(6). And this must only be upon the advice of the prime minister," Mat Zain said.

"If now the MACC says it has appointed a panel to adjudicate the AG's conduct, then it must be very daring enough to usurp the Agong's powers and rights. How could that be?

"It is ridiculous. The MACC has no power to institute, conduct or discontinue a criminal proceeding against any person like the AG. How can it have the powers to appoint a panel to probe Gani?" he asked.

Mat Zain and former Commercial Crime Investigations Department director Ramli Yusuff have been calling for a tribunal to investigate the various allegations of corruption and abuse of power made against Gani. Ramli's complaint against the AG was on the Copgate issue.

The former Kuala Lumpur CID chief was commenting on MACC's probe into the Ho Hup Construction Bhd affair Gani is said to be linked with.

MACC said it is independent in the probe and that it could also appoint a panel to look into it.

In the Ho Hup case, Gani is said to have favoured the company's former executive deputy chairperson Vincent Lye, who hails from Sabah, and in return is alleged to have received RM18,000 for the renovation of a bungalow in Seremban.

MACC's Shukri also said the MACC Operations Review Panel headed by former auditor-general Hadenan Abdul Jalil was "independent and stern in its views" and had in the past called for the reopening of cases that had been closed, leading to some persons accused being prosecuted.

Can Operations Review Panel overrule AG?

Mat Zain said he does not question the integrity or the ability of the review panel members.

"The question is not whether they are thorough and stern or not. The question is whether they are empowered to make a decision to overrule the AG, or for that matter the MACC. They don't have the power to overrule the AG, whether under the MACC law or any other law," he said.

Shukri had admitted that in the end, the findings of any investigation would have to be sent to the attorney-general or a deputy public prosecutor for action.

The former managing director of construction giant Ho Hup, Low Tuck Choy, said last Saturday the MACC was only interested in uncovering who had leaked documents that implicated Gani in allegations of abuse of power and graft.

Low had said that the documents containing an invoice from an electrical company, which carried out renovation works on the Seremban bungalow, a payment voucher with Gani's name on it and the cheque were genuine documents and he and the company knew who had signed the cheque.

MACC wants more evidence

MACC asked Low, who has lodged a police report over the lack of progress in the probe following Deputy Minister in the Prime Minister's Department VK Liew's response, to come forward if he had more vidence to help in the probe.

Mat Zain is also striving to clear his name in Anwar Ibrahim's report on fabrication of evidence in the"black-eye probe" filed against Gani, former inspector-general of police Musa Hassan and Hospital Kuala Lumpur doctor Dr Abdul Rahman Yusof and Mat Zain himself.

Mat Zain said the investigations into Anwar's complaint were carried under Section 15 of Anti-Corruption Act 1997, which concerns the use of one's office for gratification.

He said the ACA Act used by the MACC had no bearing or relevance at all to an offence under Section 192 of the Penal Code, which is on the fabrication of evidence.

"The ingredients to be proven under Section 192 of the Penal Code for the fabrication of evidence are different from that of Section 15 of the ACA Act. This in itself shows the MACC clearly distracted the issue of Anwar's complaint on fabrication of evidence in his black-eye case.

"Investigating Anwar's report under Section 15 means that the MACC did not actually investigate the fabrication of evidence as reported," he said.

A three-member panel headed by former Federal Court judge Abdul Kadir Sulaiman cleared Gani and Musa of any wrongdoing in a majority decision.

Musa, who was the investigating officer in the Sodomy I case against Anwar, had in an exclusive interview with Malaysiakini admitted that he took Anwar's blood sample during the black-eye incident.