Wednesday, March 23, 2016

Mahathir's wayang Tamil

Bar Council had just done their Wayang Tamil bit and now Tun Mahathir is doing his.

Today, Tun M filed a lawsuit on a claim of abuse of office against Dato Najib with two of his paid Geng Loceng actors, Dato Seri Khairuddin and Anina. He raised issue over the sacking of Tan Sri Muhyiddin, Tan Sri Gani Patail, etc.

Frankly, this will not pass the exchange of affidavit stage.

Minister for Communication and Multimedia, Dato Salleh Tun Said Keruak said it is indicative of Tun M's desperation to take the legal avenue after he has exhausted his "political avenue". Hopefully he remembers well in court as he usually conveniently forget.

Deputy Home Minister, Dato Nurjazlan Tan Sri Mohamed felt Tun M and his motley crew of dramatic actors have no locus standi since they are not aggrived party. Tengku Razaleigh denied, thus indicating possible willingness to be played out again despite it is known Tun M is pushing for Dato Mukhriz as PM candidate against Najib.  

This is mere political wayang kulit (shadow play). Since it involves Geng Loceng, consider it a dramatic wayang Tamil.  

If Tun M is so concerned with 1MDB and related events that he had written from item 6-30 in the Citizens' Declaration on 1MDB only, then he should just lay out his proofs.

But he didn't.

Instead he has been caught lying on many occasions and have got at least 15 to 17 facts on his allegations wrong. It is only indicative that he is merely politicising the issue and may not have any facts or proofs!

FMT report below:
Mahathir, two others, sue Najib for ‘abuse of power’

Ho Kit Yen | March 23, 2016

In their statement of claim, the trio said that they are among the rightful beneficiaries to take the action against the Prime Minister.

KUALA LUMPUR: Former Prime Minister Mahathir Mohamad and two vocal critics of Prime Minister Najib Abdul Razak, Khairuddin Abu Hassan and Anina Saaidudin, filed a suit on Wednesday over claims of abuse of power in office.

In their statement of claim, the trio said that they are among the rightful parties to take the action against the Prime Minister.

They also stated the chronology dated back to March 2015 on the 1MDB investigations, the formation of a special Task Force, to then Attorney General (AG) Abdul Gani Patail’s dismissal, and former Deputy Prime Minister Muhyiddin Yassin’s sacking. Muhyiddin was also denied the right to speak during last year Umno Annual General Assembly.

[Read about the dismissal in previous postings' comments and investigation here, here and here]

“We say that the chronology of facts leads to the irresistible and undeniable conclusion on the manner in which Najib has continuously interfered with the due process of the law in order to ensure that all the relevant authorities could not continue to carry out, and conclude the necessary investigations pertaining to his alleged misconduct over RM2.6 billion donation and RM42 million from SRC International,” the statement said.

They added they were directly affected by Najib actions. “Mahathir had attended Bersih 4, where he made a statement criticizing Najib. He was thus under police investigation for criminal defamation.”

“He has also been in the spotlight by the police for his blog post on current Attorney-General Mohd Apandi Ali,” their statement said.

For Khairuddin, he has been making police reports in Europe and Asia on 1MDB allegations. He was charged with senior lawyer Matthias Chang for attempting to sabotage the country’s banking and financial system while in the case of Anina, she was sacked from Umno because she took legal action against Najib last year.

Their lawyer Haniff Khatri Abdulla filed the lawsuit today at the Kuala Lumpur High Court this morning. “The writ of summons will be served on the Prime Minister’s solicitors (Hafarizam Wan and Aisha Mubarak) by this week,” he said.

[ANSARA Pashtun lawyer confirm Geng Loceng presence and drama]

They are seeking a declaration that Najib had abused his official position as the country’s leader and Umno president by deliberately obstructing investigations on 1MDB, RM42 million from SRC International and the RM2.6 billion donation.

Besides that Mahathir, Khairuddin and Anina are also seeking a declaration that their constitutional rights were obstructed because Najib had been “punishing” them for merely exercising their rights to ask questions and seek answers to matters pertaining to 1MDB, the RM2.6 billion donation and RM42 million. The trio are also compelling Najib to pay the government the RM2.6 billion and RM42 million.

Khairuddin was charged last year with Chang, Mahathir’s former secretary, for attempting to sabotage the banking and financial services of Malaysia. They were said to have committed the “act” in various countries such as France, England, Switzerland, Hong Kong and Singapore between June 28 and August 26.

[Read back past posting here claiming Khairuddin and Chang made no reports at few centres but merely doing photoshoot] 

The prosecution attempted to try them under Sosma or Security Offences (Special Measures) 2012. On 18 November 2015 the High Court ruled that the attempting sabotage charge against them under Section 124L of the Penal Code did not fall under the constitutional ambit of Security Offences (Special Measures) 2012 or Sosma.

Anina had on August last year sued Najib and Umno Executive Secretary Rauf Jusoh, seeking that Najib return the RM2.6 billion “donation” that was deposited into his personal account. She claimed that he had breached the Umno Constitution, the provisions of the Societies Act 1966 and his common law duties as a trustee.

The suit was struck out by the High Court on December 31 last year. Anina then filed an appeal. Because of the lawsuit, she was also expelled from Umno. Her attempt to challenge her sacking has also failed.
It is all part of their moves for a Presumed Guilty wayang Tamil on Najib [read here, here and here].

Salleh Said Keruak said it is a "publicity stunt". His statement below:
Statement by Minister of Communications and Multimedia

23 March 2016
Tun Mahathir's latest action demonstrates how desperate he is. He is clutching at straws. ‎
Tun Mahathir tried to topple the Prime Minister through UMNO. He failed. Tun Mahathir tried a parliamentary vote of no confidence. He failed. ‎Now Tun Mahathir is trying to sue. His accusations are false, so he will fail yet again.

Tun Mahathir has run out of options. This action shows that he has no political channels left. ‎

Datuk Seri Panglima Dr Salleh Said Keruak
Minister of Communications and Multimedia
An extract from Malay Mail Online report on Nurjazlan's remark below:

“If you want to sue, you need to have locus standi. If you want to sue the prime minister as a private citizen, means there is no locus standi. The one that can sue is someone who feels he has been wronged.

“Let the courts decide but to me, he doesn’t have locus standi. What he is doing as a political gimmick only,” he told reporters at the lobby of the Dewan Rakyat today.

“Locus standi” is a legal Latin term which translates to “place to stand”, which refers to whether a party has a right to be heard in court.
Bigdogdotcom did a chronology of the event leading to the latest legal action. An extract below:
His frustration made him man-possessed, till the point that he decided to take on Prime Minister Najib on all his allegations of 1MDB which include the ‘USD620million donation by a Saudi Royal Family”, was linked to the strategic investment corporation of the Malaysian Government.

This desperation is reflective in some of the staunchest supporters of Tun Dr. Mahathir in the Anti-Najib Campaign, who one time was a much respected GEIC of a very important media group to resort to posting of fake Time magazine cover on his social media account.

This is politics never seen in modern Malaysian history, especially by a party which will be celebrating its 70th anniversary in less than seven weeks and had been in power continuously for over 61 years.

Read on here.  
Talking about the Time mag picture, Sivarasa, another of Geng Loceng network was roasted for doing a Tian Chua style photoshop.

He was also "kecam" for his cheapshot to ridicule the PM. Malaysia Digest explains what the actual article had hidden.

In the meanwhile, Melayu Tan Sri Muhyiddin was said to be doing cheapshot by claiming he was offered the position of Penang Governor.

MyKMU asked him for proof of the offer. TV14 website asked who offered him the post?

Muhyiddin was known to be a Malay at heart, shy in his disposition and Johorean cool calm composure. He seemed to have lost it since signing a declaration together with DAP.

All this leading to March 27th. There better be millions coming and not just pro-Tuns only. It also serve to divert attention from Lim Guan Eng's house alleged corruption scandal. And it serves to supplement all the various lawsuit against Najib, AG and government.

In the light of Anwar's withdrawal of lawsuit against Dato Nallakaruppan, all these political related lawsuits are meaningless. And today he issued statement through his lawyers to say he has forgiven all past and present PMs for he is merely going for institutional reform.

Another wayang Tamil from the grandson of a converted Hindu from Ceruk Tok Kun. Should have seen how Keling his brother Rani looks like.

Political lawsuits seldom goes all the way to conclusion or till judgement executed. It is all wayang politik. The moment Najib is toppled it is all withdrawn and one day forgiven. 


Anon said...

Let the court decidelah....since all of us are indecisive "whether with me or against me".

ayah said...

It is a truism that there is a racist streak in everyone of us.

Anonymous said...

Saman Tun M ni sekadar utk memastikan momentum penentangan terhadap najib berkekalan.

Hanya permainan perang saraf. Substance takde.

Just sharing said...

Tadi panjang lagi saya explain kat Astro Awani sebenarnya tapi dia keluar sikit je.

Ok saya ulas begini. Tort misfeasans adalah cabang undang2 tort yg berkaitan dgn tgjwb kakitangan awam terhadap pelanggannya. Jika kakitangan awam itu cuai dlm tugasnya sehingga menyebabkan kerugian sec direct kpd pelanggannya maka pelanggan itu boleh saman kakitangan krjn berkenaan atas faktor Tort misfeasans.

Tanggungjawab fidusiari pula lebih luas maksudnya, tak hanya spesifik kpd kakitangan awam tetapi anak boleh menyaman bapa, adik boleh saman abang, anak khariah boleh saman imam jika superior mrk cuai dlm melaksanakan tgjwb.

Maka Tun M saman DS Najib atas kedua2 isu ini atas kapasiti Najib sbg kakitangan awam dan kalaupun undang2 tak mengklasifikasikan Najib sbg kakitangan awam, Tun M ikat pula Najib di bawah tgjwb fidusiari.

Kuat tak saman Tun M ni?

2 perkara perlu dibuktikan Tun M kalau dia nak menang kes ini.

i) Tun M kena ada bukti dokumen dan saksi mata yang sangat kuat yg boleh mengesahkan DS Najib telah cuai sbg PM dlm isu 1MDB dan RM2.6b


ii) Atas kecuaian tersebut Tun M menerima kesan langsung sbg individu. Cth: Biasanya Tun M terima elaun dari krjn RM1juta sebulan dan di sebabkan kecuaian Najib mengurus duit, elaun Tun M terpaksa di potong kpd RM400,000 sahaja sbb krjn tiada duit nak bayar elaun penuh sebanyak RM1 juta berkenaan. Di sebabkan itu Tun M telah kehilangan pendapatan, tekanan perasaan bla bla bla



Ok kalau Tun M berjaya buktikan kedua2 perkara di atas dan dia menang, adakah DS Najib kena letak jawatan?

LEGALLY, DS Najib tak perlu letak jawatan krn ini kes sivil bukan kes jenayah. Dlm kes ini Tun M memohon gantirugi. Jika Ds Najib kalah dan bayar gantirugi kpd Tun M, maka legally selesailah kes ini. Ds Najib tak perlu letak jawatan.

Tetapi MORALLY, DS Najib perlu letak jawatan sbb mahkamah dah mengesahkan kecuaian beliau.

Tuan/puan, pandangan saya di atas tak bermaksud saya sokong DS Najib. Saya cuma berkongsi setitis pengalaman saya sbg Peguam tentang bagaimana mahkamah Malaysia menghadapi kes2 yg sebegini. Walaupun mungkin ada asas terhadap tindakan Tun M berkenaan, namun beban pembuktian dan kaitan dgn kerugian itu amat sukar di buktikan.

Tetapi Tun M bebas mencuba utk meneruskan saman tetapi ada kemungkinan saman itu terpaksa di tolak oleh Mahkamah utk mendengar meritnya atas alasan pihak Plaintif tiada locus standi dan tiada kausa tindakan.


Mohd Khairul Azam Bin Abdul Aziz

Feel free to share.

Anonymous said...

Tun M kalau tak dak buti yg kukuh dia tak kan nak initiate anything. Nagib Razak and his legal team can take this action as remeh at their own peril....

Anonymous said...

10:20 AM

Typical mind and argument of a feudelistic pentaksub. It is not based on facts or logical argument but purely subservient absolute trust to a person. Unfortunately the person is corrupt, compulsively lie in his politics and practise cronyism to the hilt.

RD. said...

"Jika Ds Najib kalah dan bayar gantirugi kpd Tun M, maka legally selesailah kes ini. Ds Najib tak perlu letak jawatan."
Salam Saudara Mohd Khairul Azam Bin Abdul Aziz.

Setahu saya, Dr.M tidak menuntut ganti-rugi itu untuk diri beliau. Dia menuntut Najib membayar-balik RM2.6 Billion + RM42 Juta kepad Kerajaan atau Rakyat Malaysia.

Mengenai andian Tuan punya blog;
"Tengku Razaleigh denied, thus indicating possible willingness to be played out again despite it is known Tun M is pushing for Dato Mukhriz as PM candidate against Najib."

Muhkriz bukan pun Naib Presiden. Mana mungkin Mukhriz dilantik mengantikan Najib. Lain lah kalau Najib nak adakan PAU dengan segera, dalam masa terdekat. Jika Mukhriz dibenarkan bertanding melawan President. Itu pun, mustahil untuk Muhriz menang. Maklum sajalah....

Snapshot2016 said...

Wednesday, March 23, 2016

Will Mahathir now stop talking since his case has gone to court?

Salleh Said Keruak

Today, Tun Dr Mahathir Mohamad and two others filed a suit against Prime Minister Najib Tun Razak for alleged ‘tort of misfeasance in public office’ and ‘tort of breach of fiduciaries in public office’, according to what their lawyer said.

‘Misfeasance’ means an act that is legal but is performed improperly and describes a situation where an act by the defendant (in this case Najib), though legal, causes harm to the plaintiff (in this case Mahathir).

A ‘fiduciary’, on the other hand, is a person who holds a legal or ethical relationship of trust with another party or parties. In such a relationship the fiduciary is required to act at all times for the sole benefit and in the interest of the one rendering that trust.

In 1999, Anwar Ibrahim sued Tun Dr Mahathir Mohamad for RM100 million. That same year he also sued The Sun for RM100 million as well. In 2008, Anwar sued Khairy Jamaluddin for RM100 million. In 2012, Anwar sued Nallakaruppan for RM100 million and in 2015 he sued NST and three others for RM70 million.

These are but just a few of a long list of civil suits that eventually all went nowhere -- except for the Khalid Jafri Bakar Shah suit where Anwar was awarded only RM4.5 million nine years later and, even then, after the defendant had died. So, it is yet to be seen how long Mahathir’s suit is going to get locked up in court and what the outcome is going to be in the end.

This is no doubt a very interesting case because now the onus is on Mahathir to prove guilt and no longer on Najib to prove his innocence. Mahathir will also have to convince the court that he has locus standi (which I am sure his lawyer would have looked into) and in what way he has suffered personal loss, injury or harm.

The more important question is will Mahathir now have to stop talking since this case is now in court and if he continues to talk about the case what would happen? And what happens if the court rules against Mahathir? Would he accept that decision as final and lay this matter to rest?

salleh said keruak at 10:54 PM

Can Mahathir prove Najib has infringed on rules in changing of officers? Najib is not new in government to not know he need to check with JPA.

The one who changed Gani was Agong. JPA has power to change anyone. Discipline issue may need certain procedures. What does Mahathir has as proof?

Believe he will do another publicity stunt when court reject the weak case.

Anonymous said...

Satu lagi rujukan ilmiah untuk student law bilamana saman Tun M terhadap PM Najib berkaitan rasuah dan 2.6b akan meniti satu proses perundangan yg kompleks dan panjang. Saya melihat hal ini merupakan satu wayang utk burukkan institusi kehakiman, satu satunya sistem yg sangat mengagalkan niatnya Tun M untuk mengulingkan PM Najib. Tun M faham dan sedar kuasa peguam negara utk memula,menerus dan memberhentikan siasatan. Soal 1MDB dan 2.6b telah di putuskan oleh peguam negara tiada dakwaan di lakukan. Saman Tun M cuma manispetasi beliau untuk menyerang institusi perundangan negara dan melanggar perinsip rukun negara kepada perkara ke4 kedaulatan undang undang.

Anonymous said...

hahaha ... even bersih lawyer say Mahathir cannot win

Lawyers pessimistic about Dr M's suit against Najib

Koh Jun Lin Published Today 7:54 am Updated Today 11:08 am 8 comments

While former prime minister Dr Mahathir Mohamad's lawsuit against his successor Najib Abdul Razak has caused a sensation, lawyers are pessimistic about the outcome of the suit.

Lawyer New Sin Yew said the suit will ultimately fail because Najib is not considered a public officer under the law.

For the rest of this story and more, subscribe for only RM150 a year. If you're already a subscriber, please Sign in.

Anonymous said...

Saman Mahathir sebenarnya tidak terpakai kerana kerangka besar pada sisastan keatas PM ialah siasatan Audit .

Tak kira samaada AGC, SPRM atau SB Polis sekali pun buat siasatan , selagi tiada syor dari Ketua Audit Negara berdasarkan siasatannya , maka pasukan lain tidak mempunyai akses pada siasatan tersebut . Perkara ini telah termaktub dibawah seksyen 8 Akta Audit 1957 .

Labu8455 said...

waw, ramai nya pakar undang undang yang berotak udang. Kenapa perlu panic ? Apa kata beri peluang untuk mahkamah mendengar dan perbicaraan dijalankan dengan semua bukti bukti dan saksi saksi dapat diketengahkan untuk badan kehakiman membuat keputusan.

Anonymous said...

I tot Najib always prqise democracy. So why is so kecoh with TDM action sampai nak tulis berjela jela dlm blog. Just explain dalam court habis cerita. Bukan nya madey saman lu orang pun. Najib pun senyap jer..

A Voice said...

AMir Zahni and Labu 8455

Wise up.

Everyone can give an opinion as long as we do not break any law. To say wait for court is not a progressive attitude.

Anonymous said...

Bukan saja rakyat sudah letih dan bosan dengan cerita basi yang dikitar semula lagi dan lagi tetapi akhirnya pihak yang mengujudkan cerita berkenaan semakin tidak bermaya.

Dengan adanya saman ini bukan saja rakyat dapat "timeout" malah penyaman juga boleh 'berehat mandatori' yakni berhenti dari mendendangkan cerita yang sudah basi hinggalah di suatu masa.

Fuh, lega.

Othman Ahmad said...

Merujuk kpd isu duit derma & 1 mdb, kenapa Najib mesti berdolak dalik, bercakap bohong & berahsia sehingga orang no. 2 ketika itupun tidak tahu? Bank Negara hanya dimaklumkan pengaliran duit masuk tapi untuk tujuan apa dan cara mentadbirnya tidak dimaklumkan. Setelah berbelit-belit dan berbagai-bagai kenyataan dikeluarkan oleh Najib dan macai-macainya, nak cover pun dah tak ter'cover'. Heran, kalau boleh kutip RM2.6 Billion melalui derma buat apa menyusahkan rakyat dengan GST & memberhentikan sabsidi minyak? Tidakkah itu menzalimi/menindas rakyat semata-mata?

Lagi satu, kenapa Najib & Rosmah menunjuk-nunjuk sikap boros & kemewahan seperti shopping sakan, belanja kahwin juta2 untuk anak mereka mengalahkan putri raja, menggunakan jet kerajaan untuk urusan peribadi. Lagi satu hal, macam mana pulak dalam akaun Rosmah ada juta2 sedangkan dia suri rumah sepenuhmasa yg mengharapkan gaji bulanan suami sebagai PM sebanyak RM23,000 sahaja. Anak Rosmah pulak mana dia cekau duit ratusan US$juta bikin filem hollywood dan mampu beli apartment2 mewah di Beverly Hills & New York....???? Ini yg melenyapkan keyakinan saya terhadap Najib.

Othman Ahmad said...

In light of the treacherous act of Najib & Rosmah, who have humiliated themselves and the nation, where the world look upon us with scorn & shame, the rakyat trust will plummet. Henceforth, the rakyat of all backgrounds & political differences have joined hand in hand with one ultimatum to depose Najib as PM in order to quickly prevent further damage and save Malaysia from ruin. Only loco fellas will tend to believe that the TDM, Khairuddin & Anina's lawsuit against Najib & AG Pandir has no locus standi. locus standi my foot...!!

A govt is made up of elected reps. The PM is like CEO of a co. If he is found cheating or corrupted, he is subjected to the laws & can be charged for CBT. If the PM is not Public Officer or Servant, why on earth is he being paid monthly salaries, extravagant perks, allowances, exclusive residence, luxurious cars with chauffeurs driven, countless bodyguards & escorts, luxurious well equipped jet, etc. Paid him from tax payers & public fund for he a king or perhaps pahlawan bugis.....???? When he retires, why he continue to receive pension & perks if he is not govt servant? After all, even the king is no longer above the law. Hope Najib & Pak Pandir got this message.

Othman Ahmad said...

Selain Marcos, sejarah juga mengingatkan kembali kezaliman seorang pemimpin negara dari Peru yang kesudahannya terpegok ke dalam penjara atas kesalahan menipu, menyeleweng public fund masuk ke akaun peribadi, menculik & pembunuhan kejam pada tahun 1990an. Siapa kata pemimpin negara kebal dari hukuman undang. Sudah ada precedence (contoh) kita boleh buat yg sama. Bekas Presiden Peru, Alberto Fujimori telah diekstradisikan ketika beliau melarikan diri ke Jepun dihadapkan ke mahkamah Peru mengikut International Laws.

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