Najib and AG using Sabah RCI to suppress the truth?

Is the present royal commission of inquiry (RCI) in Sabah a whitewash and a “sandiwara” exercise by Prime Minister Najib Abdul Razak and attorney-general (AG) Abdul Gani Patail?

Former Kuala Lumpur CID chief Mat Zain Ibrahim posed this question and asked  are the duo trying in fact to suppress the truth in the saga of foreigners being given identity cards to enable them to vote?

He pointed out that none of the RCI’s eight terms of reference are directed to identify those allegedly responsible for this treacherous act against the country or for the RCI to propose any action to be taken on those responsible.

“It is as if Najib and Gani have the joint intention to protect the real traitor involved in Ops Durian Buruk between 1992 and 1995 revealed by witness Mohd Nasir Sugip.

“Even an attempt to issue a fake citizenship certificate is seen as an organised crime that involves cheating, faking and abuse of power, what more issuing 40,000 ICs to illegal immigrants as mentioned was done in Aziz Shamsuddin's home?” said Mat Zain.

The former top cop, following up on his earlier open letter asking police to probe the revelations made in the RCI, said Najib was defence minister from 1991 to 1995 during Ops Durian Buruk and Gani (below) was the Sabah senior federal counsel (SFC) until February 1994, prior to his appointment as the Attorney-General’s Chambers' prosecution head.

Mat Zain said the witnesses who had delivered “sensational testimonies” are actually accomplices of a crime.

However, they had done it without fear of the consequences of their actions in revealing their role, whereas they know what they are revealing is against the country’s laws, said  the former KL CID chief.

“Surely the witnesses are given protection that action would not be taken against them in court or else they would not have been brave enough to make the startling revelations without fear of being prosecuted or sent back to their countries.

“The person who can vouch for such protection is Gani, who also hails from Sabah. I am willing to say that Gani himself would not take action against the culprits or those who reveal these damning revelations because he (Gani) as AG had been plagued with previous allegations of falsifying documents and abuse of power.

“He would not have arranged the revelation of the witnesses in the RCI unless he has some hidden ulterior motive.

"What we are seeing is the beginning of a drama, with Gani playing his role like he did in the black-eye RCI, the VK Lingam RCI and Teoh Beng Hock RCI,” he alleged.

Section 9A amendment's effect

Mat Zain said after the controversial court case of Harris Mohd Salleh vs the Returning Officer Ismail Majin & Others, which declared the Likas state by-election null and void, to Section 9A of the Elections Act was amended.

He said the amendment came about because of the finding made by Sabah High Court judge Muhammad Kamil Awang, who highlighted the problem of the illegal immigrants in Sabah then, where  he also commented on the Election Commission’s failure to investigate the rolls.

“What it means is that the gazetted roll  is considered final and cannot be questioned or appealed by any courts.

"In short, the EC could register any voter without considering where or how he possesses the IC either through cheating, fraud or illegal printing and this cannot be reviewed by the court.

“The amendment is seen as a barrier to challenge the electoral roll but it made it legal for the crime and fraud which was practised in Ops Durian Buruk with illegal immigrants as voters and citizens getting the same rights as any other Malaysian.”

He said when it comes to the general election, it is the “instant citizens”  play a role in determining who becomes our representatives in the legislature and lead the country.

“There is no doubt that the amendment to Section 9A is the most terrible legislation to affect the sovereignty and constitution of the country".

With the enforcement of the Section 9A amendment, the electoral roll in Likas or anywhere else cannot be questioned, he added.

Following the amendment of Section 9A being enforced, the electoral roll in Likas or anywhere cannot be questioned,” he said.

The people in Sabah, Mat Zain said, should understand that the amendment was in early 2002 and  enforced in early 2003, when Dr Mahathir Mohamad was prime minister and Gani ,the attorney-general.

“Hence based on this fact, the person who should be questioned or the amendment are Mahathir, Gani and present EC deputy chairperson Wan Ahmad Wan Omar,” he said.

The results of the amendment, Mat Zain said, would have a long-term effect not only on this election but also could create possible chaos if the instances of those granted “instant citizenship” are not properly handled.

“Can we imagine that in the 15th general election, these instant citizens would have their children and grandchildren being allowed to vote.

“Based on this background of Najib and Gani and the terms of reference, I see the commissioners would be seen to conduct the RCI with their hands tied behind their backs.

"The RCI has no power to review or cancel the electoral roll following the amendment to Section 9A.

“If the judgment in the Likas state by-election is not taken into consideration by the PM, AG and EC, what more the recommendations by the RCI?

"I have personally met with Mahathir, Najib and Gani and based on my experience in the black-eye RCI, I fear that the Sabah RCI would also be an exercise in futility,” he said.

Hafiz Yatim