Wednesday, March 16, 2016

The bulls and bulls of Abu Kassim, Gani Patail and Bar Council


Tun Dr Mahathir gave a signal to start the call for a referendum to seek Dato Najib's resignation. In reply through his blog, Dato Salleh Said Keruak criticised Tun M for playing ignorant. It is as though he does not know Government is not form from popular votes.

DAP knows that there is only three ways to do so; via UMNO, or via vote of no confidence or via general election. Tun M lost out on the first two so is left with the third. But, it will smear his history legacy so the call for referendum.  

It is another attempt to hoodwink the public. It was in the same manner that Tun M gave an earlier signal to attack the Attorney General in anticipation submitted Investigation Paper by MACC will be thrown out.

This was the theme in the wayang bulls and bulls by Tan Sri Abu Kassim, Tan Sri Gani Patail and Bar Council, said various inside sources. 

Hoodwink the public 

Tun M knows Abu Kassim has no case, so the shadow play [read here, here and here].

The same script has turned to a motion to be raised at the Bar Council AGM to call on the Attorney General, Tan Sri Apandi Ali to quit. It is a futile move and mere wayang. Dato Hafarizam clarified that AG's power is constitutionally unchallenged under Article 145.

BC is also demanding that the Solicitor General play the role of Public Prosecutor. By giving the role to Datuk Azailiza, it is like allowing Gani to return as AG through an adjoing room between AG and SG offices. Rumour is the door was removed by Apandi when he assumed office.

BC had earlier filed for judicial review to challenge the exoneration of Najib in court.

The wayang being done to hoodwinked the public does not change certain facts. The decision by AG to reject MACC's IP is within the normal conduct of the law. As former DPP Tun Mahareza reasoned in his latest Facebook posting:
A. Transaksi RM2.6 billion dan RM 42 juta SRC telah diluluskan Bank Negara. Bank Negara telah memenuhi kehendak undang-undang BAFIA dan Akta AMLA (Anti-Money Laundering Act) dalam membuat kelulusan transaksi tersebut.

B. Kelulusan transaksi tersebut juga telah melepaskan undang-undang rasuah di bawah Akta SPRM.

C. Undang-undang Perlembagaan Parti BN yang diluluskan oleh Pendaftar Pertubuhan di bawah kuasa Akta Pertubuhan yang membenarkan Ketua Parti menerima sumbangan dan dana disimpan dalam akaun proksi parti juga telah melepaskan bebanan undang-undang rasuah Akta SPRM.

D. Pengesahan SPRM sendiri berkaitan kebebaran dana itu didermakan Raja Saudi juga telah melepaskan bebanan undang-undang rasuah Akta SPRM.

E. Jelas sekali, keputusan AG menggunakan kuasa yang diperuntukan kepadanya dibuat bersandarkan faktor undang-undang dalam kes tersebut. AG telah terbukti menyempurnakan kehendak sesuatu keadilan dalam sesuatu prosiding undang-undang.
Mamak Abu Kassim

After weeks of snooping and meeting people, sources able to explain the happenings inside MACC was found.

Sources said it is no more considered OSA because the leak on the initial investigation on RM2.6 billion and SRC was done at the verbal instruction by Abu Kassim.

BNM too leaked documents to Abu Kassim and Gani but it would be  considered as information sharing despite the establishment of the Special Taskforce was not legal.

One source claimed it was Abu Kassim that manouvred to intentionally allow their IP to leak to BC.

And, it was at Abu Kassim's instruction and permission to have the many officers of MACC to speak in public but these officers get the blame. So bloggers and facebookers should stop going after Shukri or Bahari or Rohaizad. Go after the man responsible and that is the father of the "family".

The mamak Abu Kassim was said to be a key man in the so-called Five Tan Sri conspiracy to topple PM. The plan was to get Najib charged for CRIMINAL MISAPPROPRIATION under Act 574 Penal Code. The relevant sections 403 and 404 are quoted below:
Dishonest misappropriation of property

403. Whoever dishonestly misappropriates, or converts to his own use, or causes any other person to dispose of, any property, shall be punished with imprisonment for a term which shall not be less than six months and not more than five years and with whipping and shall also be liable to fine.

Dishonest misappropriation of property possessed by a deceased person at time of his death

404. Whoever dishonestly misappropriates, or converts to his own use or causes any other person to dispose of property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment for a term which shall not be less than six months and not more than five years and with whipping, and shall also be liable to fine; and the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment shall not be less than one year and not more than ten years and with whipping, and shall also be liable to fine.
In both the sections, the key word is "dishonestly".

Weak case

The burden of proof will be on AG to prove in court that Najib had dishonestly misappropriate money.

If the money in Najib's account is not used for his own use but as a special purpose trust account and it can be accounted for, there is no case. If Najib has other money in the account and the account is operated by a trustee, thus making him not aware of any misappropriated money, there is no case also.

It seemed AG office had seek clarification from MACC. Neither was it a rejection nor request for more evidence. Despite report that MACC insisted on AG to charge Najib and it was leaked to TMI as penal code offenses, they could not give the answer in the much publicised subsequent re-submission to AG.

Thus, the only way to charge Najib is for MACC themselves to prosecute in court because AG is not convince.

Fortunately and unfortunately, MACC cannot do so under our system. Abu Kassim had said publicly on many occasion that MACC insist on the separation of role between investigation and prosecuting. That way he can divert the blame of not charge enough big fishes to AG.

Abu Kassim did all the wayang to pressure Apandi to prosecute Najib based on the weak given case. When charged, Najib will need to vacate his PM position. It does not matter he will be acquited later as long as the little Napoleans in the conspiracy could get him to vacate the post. The acting PM will then block Najib's return.  

In the case of MACC officers being investigated and apprehended by police, the source from within MACC said it was Abu Kassim that gave the go ahead to IGP Tan Sri Khalid.

He was undergoing recovery for back operation. It gave him an excuse to not speak and let his men lose to create the perception of crackdown to cover-up. MACC had a solat hajat but it was a drama to make the public to vilify Khalid and police.

Khalid told Abu Kassim that he was aware that MACC can retaliate by investigating policemen from bottom all the way to the top but there is a report, thus he has to do his job. Abu Kassim understood and gave the go ahead.  

One inside sources claimed that it was Abu Kassim that pressured Gani Patail to charge Najib. He convinced Gani Patail that since he is retiring, charging will be one way to get public to remember him by. It clears his name from past misdeeds.

This happened on July 22nd last year at Gani's official residence. The Special Taskforce of four Tan Sri have been meeting in a clandestine way outside office and most of the time at Gani's residence or KLGH. The taskforce was illegal from the beginning.

It was the fake charge sheet that blew the cover on Abu Kassim and Gani's manouvre. Tun M tried to provide cover for Abu Kassim's fail moves but it is inevitable for Abu Kassim to be replaced. 

Bar Council

The whole wayang of Abu Kassim is now passed to Gani to get BC to file for the judicial review.

It is suicidal on Gani to do so since he has cupboards and cupboards of skeletons, including Jessica and the secret adjoing door to Azliza's office.

It is heard that BC also planned to file a lawsuit against Najib, Apandi and few others. It will be led by Dato Gopal Sri Ram with Steven Thiru, Lim Chee Wee and Ragunath Kesavan in the team.

This one has Gani's hand behind the move. He is currently chambering at Ragunath's firm. All the while, it was thought that BC was fighting Gani but now it turns out the Sabahan Gujerati is friendly with BC. It is so Geng Loceng

Few lawyers expressed dismay at BC's political campaign using lawyers money. Quite a few are pissed with GLCs for giving these anti-Government lawyers legal work.

However, there is also a slack for Gani. SN Rayer, Dato Rosli Dahlan, and Dato Seri Anwar Ibrahim is challenging his admittance to the Bar. Anwar is citing the first sodomy trial in which Gani allegedly fabricated evidence against Anwar in the black eye incident.

The ghost of sinful past haunting on Gani or it is a cover-up?

The same Gopal Sri Ram is representing Anwar to protest Gani's entry to the Bar. The latest on Gopal Sri Ram is he was "charged" in hospital for dengue yesterday. It will be awhile before he is "discharge." So both the lawsuit and Gani's admission will likely be delayed.

As far as Apandi, he has been very economical with his words. He is aware of the legal fraternity bad mouthing. And, sources claimed he is aware of BC's plan. His response was, "Bring em on." 


* Edited 10:00 PM

12 comments:

Anonymous said...
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Anonymous said...

Bricks, why are u ramblings like rabid xxxx. Very easy to prove... just follow the money trails starting from the overpriced apartment in NYC and artworks in Soho.

A Voice said...

If the only thing left to comment are insults, it only strengthen our belief that the ANC have serious deficiency in aptitude and attitude to discuss or argue or dispute intelligently.

It is what our sources say, WYSIWYG. You are insulting them without knowing who they are. They are all insiders in the various organisation mentioned. Deep inside ... it who we know Sorry we can't reveal them.

Anon 12:01

There is hardly any rambling. It is all information and facts that you are not aware and not know. Failing to appreciate it could one day only be embarass you.

As far as your so-called money trail as exposed by WSJ, those pieces of information revealed are insufficient to presume anything. Looks like you are buying into Rupert Murdoch's lie in support of YYY Y like a loyal rabid xxxx bowing to it's master for a bbbb.

The reports are full with journalistic spinning tricks which you seem to fall for.

Let suppose we give it the benefit of doubt in which we have. The other info we have only leads it to a different senario. Your alleged senario is filled with prejudice, thus it is not objective.

Anonymous said...
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A Voice said...

8.05

Is giving smart ass and headliner remarks the best that you can do?

You remind someone whose an SPM dropout that could not comprehend facts and so devoid of details.

Only comfortable with twitter cause he can articulate any more than one or two lines. When he writes, it is shallow and filled with presumptions. Only better English and grammar then mine.

Visible on twitter that when responded, dia gelabah nak defend. Too stupid to understand issue well. Too arrogant to learn. So comes the regularly used line of it does not matter.

He has nothing to say or argue thus resort to a personal attack using our financial affair. This blog does not allow such low life comments.

It is as though we do not know of his similar financial problem and how, who helped him out. He tries to potray himself as holy and bitch of the ppl that helped him as though he is so moralistic. Thinking we do not know how whose money he feed his housewife and children with yet live in posh neighbourhood.

If you wanna comment, try answer and debunk the arguments and facts presented.

By generalising with remark of rambling, just shows he is a different class or caste of intellect. Suggest to stick to your own kind of pemakan hampas dari duit IPP dan taukeg judi.

Anonymous said...

Balik balik 1MDB, kenapa tak siasat BNM, PERWAJA, MAS any many many fraudulent transaction plan and greedy made objective. Who made it? If only to bash Najib with 1MDB I will ensure and promised to push, tell and promote to all my neighbours, relative, in laws, and all who I know to support UMNO and full support to Najib as PM. Ha ha ha ha.

Anonymous said...

News in the STAR today

Central bank says inaccurate to assume that it would be notified of any inward transfer of money

PETALING JAYA: The central bank has quashed the notion that it would be notified on the inward transfer of funds into the accounts of individuals.

Bank Negara said that it was misleading and inaccurate to state that the central bank gave approvals for the inward transfer of funds.

It said that under the prevailing foreign exchange administration rules, approvals were only required if the funds received were in the form of a loan or financing from a non-resident above the permissible threshold limit.

“No approvals are required from Bank Negara for any resident to receive inward fund transfers from non-residents into any bank account in Malaysia,” it told The Star in response to questions.

A resident is a Malaysian citizen or company. Generally, Bank Negara has rules to monitor Malaysian companies from taking loans from overseas financial institutions to avoid systemic risk.

Apart from that, it does not monitor the inward transfer of funds into accounts of companies or individuals unless the local bank handling the transaction suspects something amiss.

This comes under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

The law states that financial institutions are required to have their customers fill in a form as part of their due diligence and for record-keeping purposes.

“If a financial institution suspects any irregularity in a transaction, a Suspicious Transaction Report (STR) should immediately be submitted to Bank Negara,” the central bank said.

The central bank said that only after an STR had been filed that it would have the powers to investigate the transaction.

“Only under these circumstances will Bank Negara have the grounds to enquire into and investigate or disclose specific transactions involving funds transfers into individual accounts to the respective law enforcement agencies to conduct its investigation,” it said.

The central said that under normal circumstances, the law did not allow the central bank to enquire into a bank account.

It said that Section 132 (1) of the Financial Services Act 2013 and section 144 (1) of the Islamic Financial Services Act 2013 contained strict client confidentiality provisions that expressly prohibit the central bank from enquiring into a bank account without an STR.

The central bank has come under scrutiny in light of funds transferred into accounts of individuals in and outside the country. There have been reports stating that Bank Negara would be aware if there were any inward transfer of funds into the accounts of individuals or companies.

So far, most financial institutions have complied with the STR requirement, especially when it involves individuals for fear of money going towards terrorist movements.

However, last year, Bank Negara slapped a fine on a local bank for not adhering to the requirements of the STR. The bank subsequently has seen a change in the top management.

Bank Negara’s role in the transfer of funds comes amidst speculation as to who would replace the long-serving governor Tan Sri Dr Zeti Akhtar Aziz, who is due to leave next month after 16 years at the helm.

Speculation on her successor include the secretary-general of Treasury Tan Sri Dr Mohd Irwan Serigar Abdullah, Minister in the Prime Minister’s Department Datuk Seri Abdul Wahid Omar and the Malaysian ambassador to the United States Datuk Dr Awang Adek Husin.

The other candidate is central bank deputy governor Datuk Muhammad Ibrahim.

Anonymous said...

10:40 AM

BNM lied.

Those who ever worked in commercial knows this is not true. Any incoming money from abroad will need to fill up form R. For sizeable amount, banks will check with BNM for clearance from money laundering.

Zeti must have learned to lie from abu kassim and gani patail. What do you expect when husband can kapor contract involving BNM. Is that not corruption and conflict of interest???

Anonymous said...

10.40 AM

you are so stupid. that was what BNM is saying in their explaination. The form R is kept by the respective commercial bank. and it is up to the respective bank to inform (which they must) if the amount is susceptible. In this case, AmBank had failed to do and get penalized.

what are you trying to do? spinning the BNM guidelines...

Stupid!

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