For Daim sake, charge Dzulkifli and let the chips fall where they may

It is already 40 days after the audio expose by MACC, but no Investigation Paper submitted by police to AG and any charges made.

Chief Commissioner, Latheefa Koya submitted the audio claimed to be given to her anonymously to  police. It was reported police spent 4 hours to record her statement.

Contrary to recent and previous statements (here and here) by IGP Tan Sri Hamid Bador, the relevant persons have yet to be called in and only indicate investigation is at a slow and reluctant pace.

Few days after the expose on January 8th, 2020, Tun Daim was asked for a response by media. As quoted by Sinar Harian, he said, "I want justice. Justice and truth, that's all." It is a loaded answer that could mean either or both ways.

As a former Magistrate, Daim should be aware that Latheefa's stunt is in contravention of the Penal Code 203. The reveal appeals to human rights activists, but its admissibility in question.

One MACC official confided privately, "I would not have done such a crazy thing."

MACC investigating AGC? 

Of late, Latheefa,the former lawyer from Daim's old firm of Daim & Gamany, have been bulldozing her way and stepping on toes that Daim should realise Tun Dr Mahathir's appointment at the behest of Marina Mahathir is a disaster.

The audio expose highlighted her incompetence, ignorance and uncouth manner in the investigating process and manipulation of the law. She have been on a roll lately.

MACC recently did something out of the ordinary to investigate and question the legal authority of doctor to produce a medical certificate for Datin Seri Rosmah using the suspicion of abuse of power.

Earlier, MACC failed to charge Tan Sri Shahrir Samad and Dato Seri Ahmad Maslan for AMLA and unable to scare them into pay compound, she became a self appointed Inland Revenue Board agent to charge for failing to declare tax.

In the first place, did IRD ever issue them any notice?

For her to tai chi the audio tape to police, it may seemed legitimate to the rhetorics of the human rights activist and clueless reporter enthralled with their call for a Freedom of Information act.

However, police may not take it kindly for smallish enforcement agencies shoving to them work to manipulate the law to legalise a suspected illegal tapping by MACC to be admissable in court. 

Reliable sources claimed Latheefa grew impatient and actually open investigation file on the team of Deputy Public Prosecutors (DPPs) handling the then SRC Investigation Paper (IP). It created quite a stir at the Attorney General Chamber (AGC) and DPPs are labelling her as a power crazy witch.

Law enforcement agencies submit their IPs to AGC for the assigned DPPs to review the files. If there are sufficient evidences and chances of winning is 95%, they will draw up the charges. MACC or police may suggest possible charges, but it is left to the DPPs and finally sole approval of AG to decide the relevant law to apply and charge.

Despite not having the experience in prosecuting, Latheefa seemed to believe the power accorded entitled her to be prejudicial and judge the NFA announced by former AG, Tan Sri Apandi Ali at the prevailing time as cover-up.

Latheefa may have taken it upon herself to break decorum and question the power of AGC by investigating the concerned DPPs on abuse of power.

Having directed AG Tan Sri Tommy Thomas to transfer out AGC-seconded MACC's Director of Legal and Prosecution, Dato Umar Saifuddin Jaafar for disagreeing on the legality of charges directed to be made, her action could be to threaten DPPs to carry out the wishes of MACC or get investigated.

It would still require AG to make the final decision to charge the defiant DPPs. Would Latheefa then investigate AG herself should he refuse?

One can't imagine the predicament of the Investigating Officers she order to call in and take statement from Apandi. Perhaps, it is better she take his statement herself as anyone else is below their station in life to do so.

That would be an interesting scene. A human rights activist now applying a law then criticised as draconian when in power. Latheefa was the lawyer for Nathaniel Tan who was held in 2007 on suspicion of OSA offense. She represented the clerk in Rafizi Ramli's breach of confidentiality on the BAFIA case.

Go ahead, charge Dzulkifli!  

Coming back to Daim, he should be quite aware that Mahathir's conductor to orchestrate the court proceedings, Dato Gopal Sri Ram is not getting overwhelming applause from the audience.

If justice is all Daim wanted, then it should be applied on any alleged cover-up or fix up. It could fall on the face of current government side.

The release of the audio tape is suspected to be a diversion to cover trails left behind before court cases flop and fingers start to point at the conspirators.

Apparently, the plan is believed to charge the former MACC Chief Commissioner, Tan Sri Dzulkifli Ahmad under Section 203A and 218 of the Penal Code and Official Secret Act. He was a member of the team of DPPs reviewing MACC's IP on SRC and Apandi Ali decided to NFA.

Penal Code 203A deals with disclosing information. From the audio, Dzulkifli was telling Dato Najib that he may be played out by MACC. Najib was told by MACC that there were no case against him, but behind his back, MACC's IP insisted on AG office to charge him.

If Dzulkifli should be charge, MACC's then Chief Commissioner and now Director General of National Governance, Integrity and Anti-Corruption Centre (NGIAC), Tan Sri Abu Kassim Mohamed revealed Najib on the investigation and committed offense under 203A.

Maybe both Dzulkifli and Abu Kassim did not reveal any more information from the IP. No actual detail obtained from the performance of their duties were actually revealed.

However, Dzulkifli alerted Najib out of his concern for something illegal and improper happening that seemed conspiring against the national leadership.

Next, penal code 218 relates to cover-up. Was there any cover-up by framing an incorrect record to save Najib?

AG made their assessment and final decision from the materials provided in MACC's IP. The recommendation was made for Najib to be charged under Section 403 of the Penal Code for the offense of misappropriation of property.

However, two questions remained for the suggested charge to take effect. Did MACC confirmed then that Najib had knowledge of the money diverted back to his personal accounts? And, did Najib himself made the order or instructed?

Wonder what was MACC's answer. Two no would be sufficient ground to NFA

At the time Sarawak Report divulge the MACC documents to charge Najib, the social media then revealed that MACC had not taken statements from Najib and few expected witnesses.   

Investigation was not completed. When Shukri Abdull returned to MACC, he admitted needed to take more statements.

That leaves with the possibility of Dzulkifli being charged under OSA. The definition are as follows:

According to the AskLegal website here, "Communicating official secrets to another person who is not supposed to learn of it" is an offense. They could argue Abu Kassim did not revealed anything i.e. lied to Najib and Dzulkifli allegedly did so.

However, the AG's role is limited to being Public Prosecutor but legal adviser to the government. When Dzulkifli  called Najib, was he carrying out a role as Public Prosecutor or Advisor to the Government? And, advising Najib is as good as advising the Government. 

If Gopal Sri Ram see to it that Dzulkifli is to be charged, so be it. Let the chips fall where they may.

The OSA trial should not be a close trial but be made public. The public can verify on the existence of a grand design to fix Najib.

Then one can confirm on the rumour that MACC Director, Dato Bahari was insistent on Najib to be charged for SRC despite insufficient evidence gathered by MACC.

Who met Nik Faisal for statement  and where? Was he hidden there by some invisible hands?

Was there any truth, witness, documents and other evidences of the Special Task Force plan to apprehend Najib after a cabinet meeting? It is believed to exist so let it be out in the open.

More interesting, the audio taken has to be ascertain the origin, the person recording, the equipment etc. Did it came from CIA or some foreign sources or MACC own tapping?

That information will reveal a can of worm and expose Malaysia's secret intelligence ability to the world!

Indefensible  

As his offset statement for AirAsia, Tun Dr Mahathir should not have defended Latheefa Koya and claimed it is similar to police displaying seized items.

Section 43 of the MACC Act 2012 govern the procedure to tap on telephone conversations for investigation and procedure to allow use as court evidence.

Publicly, Latheefa was criticised by politicians from both sides of the political divides, legal practitioners of various persuasions including former Bar Council President, K Ragunath, unanimous decision by Bar Council, and over heard judges in court met, discussed and unanimously are condemning her action.

At Daim's request for justice and truth, Latheefa should be charged for subjudice as it is not proper for MACC's CC to not abide with the process and procedures of law.

Latheefa has not only damaged the integrity of MACC and Police, but also compromised national interest to severe relation between Malaysia and UAE that took decades to develop.

Her action to reveal a confidential conversation between leaders of two countries tantamount to contravention of the 1961 Vienna Convention on diplomatic relation. UAE could make a formal complain to the United Nation and Malaysia could suffer the consequences.

No wonder Latheefa preempted to cover herself up to any possible actions to be taken against her by lodging a police report to claim of being fix-up. The actual fixer claiming to being fixed? 😁

The tapping done by MACC could have happened under the watch of Abu Kassim. He too should be brought in.

And Abu Kassim was revealed by Al Jazeera news as having had meetings with US Department of Justice. Dato Shukri openly revealed his engagement with FBI.

Without any Mutual Legal Assistance, both commited offenses under OSA for divulging information to foreigners!

There are myriad of possibilities behind the intention of the audio expose. The possibilities range from politically motivated reasons to a conniving way to cause mistrial, possibly to cover a possible shame to government side and not to be completely ignored, personal vendetta.

If the actual tape existed, the court must allow the process and procedures of law to take its due course in the pursuit of justice and truth. The court should heed Tan Sri Shafee Abdullah's request for copies of the tapes his clients use to defend his case in the SRC and 1MDB-Tanore trial.

The tape confirmed Shafee's argument in court that Najib is unaware of the real happening on the 1MDB and SRC alleged offenses. And, the prosecution witness and former PM Department Officer, Amhari committed perjury in court.

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The completion and publication of this posting meant for yesterday was delayed following the death of writer, activist and blogger Rosli bin Md Sah yesterday at 11:20 AM. 

Rosli was a prolific writer, books' author, and operator of the blog, The Flying Kick. 

His death will be duly missed by family, friends and fellow writers, bloggers and media social commentators. May Allah bless his soul, confer forgiveness and accept his good deeds to be accorded jannah. 

Al fatihah.