JUDGES, LAWYERS AND ATTORNEY GENERAL OF MALAYSIA ARE ANSWERABLE TO PEOPLE,
The A-G’s overall powers, roles, and responsibilities are provided for in Article 145 of the Federal Constitution:
- The Yang di-Pertuan Agong shall, on the advice of the Prime Minister, appoint a person who is qualified to be a judge of the Federal Court to be the Attorney General for the Federation.
- It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the cabinet or any minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law.
- The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial.
- Federal law may confer on the Attorney General power to determine the courts in which or the venue at which any proceedings which he has power under Clause (3) to institute shall be instituted or to which such proceedings shall be transferred.
- In the performance of his duties the Attorney General shall have the right of audience in, and shall take precedence over any other person appearing before, any court or tribunal in the Federation.
- Subject to Clause (6), the Attorney General shall hold office during the pleasure of the Yang di-Pertuan Agong and may at any time resign his office and, unless he is a member of the Cabinet, shall receive such remuneration as the Yang di-Pertuan Agong may determine.
- The person holding the office of Attorney General immediately prior to the coming into operation of this Article shall continue to hold the office on terms and conditions not less favourable than those applicable to him immediately before such coming into operation and shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.
- Abdul Gani Patail graduated with a third class [2] Bachelor of Laws (Hons) degree from the University of Malaya in 1979. He began his legal career the following year as a Deputy Public Prosecutor (the title for a prosecuting officer in Malaysia) in Kota Kinabalu, Sabah. In 1985, he was promoted to Senior Federal Counsel for Sabah.[3]In January 1994, Abdul Gani moved to the Attorney General’s Chambers in Kuala Lumpur. There he was appointed Head of the Prosecution Division (1994 and again in 2000), Head of the Advisory and International Division (1995) and Commissioner of Law Revision (1997).[3]
On January 1, 2002, he was appointed Attorney General of Malaysia.Najib You can run but you can’t hide.. Why Najib scared of strong Rosmah? this chief editor is asking the home minister to sue him to the facts that he had put here don’t go on cheating the Malaysians A new kind of freedom And so insecure people all pull down each other, but when … Read more
Datuk Seri Muhammad Shafee Abdullah (pic) have moved to rebut Datuk Seri Anwar Ibrahim’s objections to the senior lawyer becoming the lead prosecutor in the Sodomy II appeal, saying he was never a material witness in the case.
Anwar’s objection rests on Shafee being present when Mohd Saiful Bukhari Azlan accused the opposition leader of sodomy in then deputy prime minister Datuk Seri Najib Razak’s house.
But affidavits filed by Deputy Public Prosecutor Noorin Badaruddin and Shafee and sighted by The Malaysian Insider say the lawyer was never called as a witness despite giving a statement to police on what transpired in Najib’s house.
“I was not a material witness. Therefore I could not have been in the chain to unfold the prosecution’s story.
“It is for this reason that neither the prosecution, nor the defence, called me to testify in the sodomy trial,” Shafee said in the affidavit.
Shafee, 61, said he was offered as a defence witness but that was on the basis that police had recorded a statement from him.
Noorin, in support of Shafee’s sworn statement, said that the lawyer was not a key witness.
“The allegation that he was a material witness was a figment of Anwar’s imagination,” she said in her affidavit.
Noorin said police had recorded a statement from Shafee as he was at Najib’s residence when Saiful went to meet the then deputy prime minister.
She said a statement was taken from Shafee to conclude that he did not see or hear the conversation between Najib and Saiful.
Najib, in a 2008 interview, admitted having met Saiful who told him that he was allegedly sodomised by Anwar. This meeting took place several days before Saiful lodged a police report on the sodomy allegation.
Shafee in his affidavit said his appointment as a DPP to lead the prosecution team in the Court of Appeal was in strict compliance with the Criminal Procedure Code (CPC).
As a precedent, he said Harry Elias, a famous lawyer from Singapore (when the island republic was part of Malaysia), was appointed to prosecute those who violated copyright laws.
Shafee added that another lawyer, Datuk V.L. Kandan, was also appointed to handle copyright and trademark violation cases.
He said recently, Datuk Tan Hock Chuan was appointed conducting officer in the inquest to determine the cause of death of Teoh Beng Hock.
Shafee said lawyers Karpal Singh and Gobind Singh Deo, who held a watching brief for the family of Teoh, did not object to Tan’s role on behalf of the Attorney-General’s Chambers.
He said Karpal, as a member of parliament, had also advocated in the Dewan Rakyat in the past that lawyers should be given the role and responsibility to handle serious cases for the Attorney-General’s Chambers.
Anwar last month filed an affidavit to prevent Shafee from leading the prosecution team on grounds the lawyer was a potential prosecution witness.
Anwar said Shafee need not be employed as DPP because the Attorney-General’s Chambers has enough competent legal officers to conduct the appeal.
Furthermore, he pointed out that the expenses incurred to hire Shafee will be borne by taxpayers.
Anwar’s application will be heard at the Court of Appeal on Tuesday.
The opposition leader was freed in January last year of sodomising Saiful, his former political aide, at Desa Damansara condominium on June 26, 2008. – September 14, 2013.
Abu Talib if A.G Gani incompetent.why Muhammad Shafee with prejudice ‘rarest of rare case’,
An outgoing Chief Justice often reserves certain judgments, if they be so timed and be of such value, till his last day in office. It is an occasion more sublime than the one when he took oath. While taking oath, he only goes on record for having occupied the highest constitutional chair. By making a landmark judgment, with the last strokes of his mighty pen
Our entire judicial system borders on one big farce is strange that our judicial system sees no irony in Attorney-General Tan Sri Abdul Gani Patail considered unfit for carrying out his functions
Abu Talib questioned whether Shafee’s appointment is an admission that A.G Gani incompetent”This is what the public will perceive,” said Abu Talib who was AG from 1980 to 1993 This raises disturbing questions, like: Can we depend upon Attorney-General Tan Sri Abdul Gani Patail. to always interpret the “rarest of rare case” or the “collective conscience of the country” correctly We are all aware of the sieve that our judiciary is. It is so easy for our judiciary to trip over the course of law, given the pathetic condition of our thin, overworked, often corrupt and inefficient police force in whose hands much of the investigation of crimes is vested. It is amazing to see the amount of reaction generated by the appointment of Umno lawyer Datuk Seri Muhammad Shafee Abdullah as ad-hoc deputy public prosecutor in the Sodomy II appeal said there was also conflict of interest in appearing for the public prosecutor.
Sometimes a change is the only dignified option, even if the change does not promise anything better, if the alternative has been entirely hopeless.
Having said that, Tan Sri Abdul Gani Patailone is tempted to remind , that when you enter appeal riding on the platform of high moral ground, it is important to remember the three principles of ethics, namely:
- Not doing what you may have the power to do
- Not doing what you may have the right to do
- Not doing what you may want to do
Remembering this definition is the only way, going forward, IAC will ever be able to avoid having to defend as legal, the conduct of some of the members which may be questionable on the strictest standards of probity. Most political parties have violated these simple principles going by the recent exposes. The truth is, given a moribund legal system which almost never declares the high and mighty guilty no matter how serious their crimes, most political bigwigs in our country routinely try to use the fragile legal fiction that ‘one is innocent until proven guilty’ as the only fig leaf to hide their modesties behind, even if that leaf is all frayed. Let the IAC never don the same fig leaf. There are no standards other than the above stated three principles to define ethical conduct. Whether or not IAC will ever be our political redemption, they may be the only one who could help prevent our morality depreciating the way of the rupee.
Shafee, a leading criminal lawyer, said he would finish arguing the appeal within two to three hours.
MUHAMMAD SHAFEE ABDULLAH: When the trial first started, I think at least for the first two months or three, there were often times, I thought, where the judge was giving a lot of leeway to the defence.
MUHAMMAD SHAFEE ABDULLAH: When the trial first started, I think at least for the first two months or three, there were often times, I thought, where the judge was giving a lot of leeway to the defence.
TIM LESTER: Former prosecutor Shafee Abdullah praises Judge Paul for refusing to hear Anwar’s conspiracy argument in relation to the four corruption charges.
MUHAMMAD SHAFEE ABDULLAH: Whether or not he committed those sexual offences have got nothing to do with the present charges.
TIM LESTER: So was Anwar’s trial fair?
Yes, says Shafee Abdullah. But even he admits Malaysians don’t see it that way.
MUHAMMAD SHAFEE ABDULLAH: There are a lot of individuals out there who feel that the whole trial has gone completely bonkers. Many individuals think that Anwar did not receive a fair trial.
TIM LESTER: The damage from the trial goes beyond perceptions about Government influence over the judiciary to the police force.
The trial judge had acquitted Anwar with the tinge of the “collective conscience of the society””The trial judge had acquitted Anwar after calling for his defence because Anwar’s expert witnesses had created a doubt in the prosecution’s case.
Case dismissed.
It does not matter whether Rakhi Sawant knows 2G from `haanji’. People outside the telecom industry are equally clueless, including the experts battling it out on national television, night after agonizing night. All we know is that there has been a major gadbad ghotala involving some really zabardast corporate guys and that the country has been looted of lakhs of crores. Naughty, really naughty. These sort of `rascalas’ need superstar Rajni, not Kapil Sibal to rescue them. There are so many versions floating around about these bad guys that even Brahmadev’s personal intervention won’t help us to get our heads around this mega scandal. If Brahmadev is sensible, he’ll stay out of the mess and watch the drama unfold from his lofty perch in swarg. But this indifference from heavenly bodies should not deter the bloodhounds of the legal system from going in for the kill. So far, their efforts have been clumsy, comical and amateurish. It’s like being forced to sit through a black-and-white Bud Abbott and Lou Castello film, with bumbling cops tripping over their own toes as they chase nimble robbers. Look at the modus operandi employed so far — those meaningless `raids’ on Raja’s properties, months and weeks after the guy has cleaned out and cleaned up (someone obviously forgot to tell the sleuths the horse had bolted weeks ago). The craftily timed leaks (what fun — we are in sync with Julian Assange finally). The charges and counter-charges flying around in this absurd `whodunit’ that boasts of a stellar star cast. And grabbing all the headlines (but staying out of serious trouble) is India’s own Mata Hari or Hunterwali – Fearless Radia.
We are told by those-who-know, `You ain’t seen nuthin yet.’ Miles and miles of tapes still remain in those cans, with more names, more revelations coming up. The idea is to release key leaks when attention levels in the scandal start to flag. Sitting on stuff that can potentially destroy careers and reputations in one swift stroke, is a priceless khazana for government agencies to hang on to. Confuse the enemy, advised Confucius, centuries earlier. Let the scamsters sweat, say our babus! Those shivering in their pants, saris and salwar kameezes, waiting for the next bombshell to drop, can make life slightly easier for themselves by hiring interlocutors (love the word!). Any Bollywood style `setting’ needs swift and efficient damage control. This is the time when powerful touts make the real bucks. As we have seen in the Adarsh case, key files can and do disappear (a large window to facilitate easy disappearance is always factored into the deal, even as noises are made about taking action against culprits). Once evidence is destroyed, what remains? Aha! This is where Rakhi Sawant comes in. Anybody who has watched this unstoppable force of nature in action on a show that sees her meting out instant justice to cowering participants, will tell you she is the most admired `judge’ in India. Forget `law-shaw’ and other such formalities, Rakhi single-handedly skewers, grills and punishes those she thinks deserve no mercy. A suicide here and there, doesn’t bother her. The sentence is passed remorselessly. And God help you if you think there has been a total miscarriage of justice – there is no higher court than Rakhi’s in the land. Wonder of wonders, Rakhi has more credibility than some of our real-life judges. People who watch her show, believe in her and agree with most of her `verdicts’.
Which is more than can be said about the way the 2G exposé is being handled. All of India is stupefied and laughing out loud at the absurdity of the ongoing battle royale between mighty industrialists and powerful politicians. Kapil Sibal has the worst job in the cabinet. He has announced a one-man `committee’ (surely more than one person makes up a committee?), to “examine appropriateness of procedures adopted by DoT in the issuance of licenses and allocation of spectrum during the period 2001-2009″. Yada yada yada. We pretty much know the outcome. How different can it possibly be to all the collective outcomes of similar, well -intentioned enquiries of the past? Nobody believes in those pointless show-cause notices. Nobody believes that any of the high-profile rogues floating around will ever see the inside of a jail. And nobody believes the truth (such as it is) will ever come out. So why not spare us the time and expense involved in this mockery of an investigation? Whether it was the BJP or the NDA, whether Rajeev Chandrashekhar is wrong and Ratan Tata, right — as of now, everybody is in the same overstuffed basket filled with ignominious charges. What if Rakhi Sawant were to summon the main players into her `court’ and invite the people of India to judge for themselves, there and then? On the spot verdict! That would be the ultimate reality show with ratings going through the roof. Imagine the visual – Rakhi as judge, clad in her trademark cleavage-revealing outfits, spouting priceless lines as she cross-examines Raja and Co. Her over glossed pout puckering up as she creases that tightly stretched brow, leans forward, tossing masses of hair extensions, and asks provocatively, “Ab tera kya hoga, Raja?” Raja may chortle and say, “Mere paas bungalow hai, gaadi hai, daulat hai.”
That will be Rakhi’s cue to summon her ace witness who will then demolish Raja by thundering, “Mere paas Amma hai.”
Case dismissed.
Move over Amar, Akbar, Anthony. Make way forShafibo, Dumno and Scambo. A new zamana needs a new cult film with a fresh cast of characters. And here they are! Hollywood’s ‘Nightmare Works’ headed by Mr Spillburger is collaborating with Bollywood’s biggest producer, Mr. Blockbusterwalla, to make a mega movie in time for an auspicious release in 2014 (exact date, still to be fixed… could be brought forward to 2013 at short notice, too). Auditions for minor roles are happening in studios across Gujarat, New Delhi and Mumbai. The heroes have been all but finalized. The search is on for three fetching heroines to star opposite these men. As of now, prominent female faces from West Bengal, Tamil Nadu and Uttar Pradesh are vying to co-star in what promises to be the most awaited film of next year.
However, there is a small hitch in the proceedings. Sylvester Stallone, the original Rambo, is not entirely happy with the casting director’s decision to go with a rather corpulent man from Gujarat for the macho role. Stallone’s spokesperson has voiced his reservations, particularly after a highly publicized but ‘mythical’ rescue operation undertaken by the local Rambo. “Sly prefers to do his own stunts,” said his manager frostily, adding, “Sly’s idea of musclepower is also different.” Ditto for Dumbo, the adorable Flying Elephant, who has expressed disappointment at the choice of the dimpled actor picked to play him. “I use my own flappy ears to fly,” insists Dumbo, who is in semi-retirement these days. Despite Mr Spillburger’s assurances that the desi Dumbo is a darling of the masses, (children and simple folks, particularly) Dumbo the Elephant remains unconvinced, trumpeting his protests thus: “I hear that guy walks when he should fly, flies when he should walk…. that isn’t good Dumbo behavior .” Which leaves the trickiest casting still open — Scambo. Mr Spillburger has issued a press release declaring all auditions closed for now. According to his press secretary, potential Scambos from across India stormed into their offices demanding the role — or else! Apparently, there were so many takers, it was impossible to identify just one who’d fit the part. One of them quoted a current movie dialogue, “Tere pass paisa hai…powerhai…lekin mere pass public hai,” but still didn’t get the coveted role.
That leaves the ladies. Well, since this is a male oriented, action film, the women have little to do apart from three item songs. Mr. Spillburger is looking for heroines who can gyrate effortlessly, swing from one hero to the other, change sides, and switch partners at short notice. Those who have applied include leading ladies from regional cinema. Mr. Blockbusterwaala has issues. Said he in a terse press release, “Our heroines are crucial to the success of the film. Audience appeal is key. They must suit the heroes. We don’t want a size zero heroine. But we can’t have local heavyweights either. They upset the balance in a scene.” A little birdie let on that Rekha is being considered for one of the roles. Not the Rekha audiences know and love, but a brand new firebrand with her own fan following on Twitter.
Trade pundits are predicting a great showing at the box-office, stating,Rambo,Dumbo and Scambo will be the biggest hit of the decade. “Forget breaking into the 100 Crore Club. Our target is a few lakh crores. This film will define the mood of the nation…it will be historic and iconic. It is bound to break all previous records. Never before in the history of India have so many ‘Looteras’ come together for one project…with one objective…to make tons of serious money in the shortest possible time. There is more at stake than just fame.” Naturally, with as powerful a buzz doing the rounds, overseas territories sold out well in advance. All subsidiary rights have been locked in, as well.
Mr Spillburger is not worried about the rivalry between his heroes. “In a market as big as this one there is room for everyone ,” he assured distributors, adding, “Our target is one billion plus people.” The ambitious movie comes at a time when India is tottering, and the rupee is dangerously weak. Mr. Blockbusterwalla remains unfazed — “Initial reports say the opening weekend will be super fantastic! People are looking for change. Those sticking to the purana formula will lose out to the new lot. Our movie will appeal across class and caste barriers. It’s time for fresh thinking.”
Meanwhile, a talent hunt has been launched for an actor to play the role of the chief villain. Mr Spillburger is keen to cast a foreign player. The big question is: should he be in talks with an actor from Pakistan? Or should he be looking at an American? As of now, all nationalities are welcome! Errr…except the Chines
