Since when is A MACC RAID just a friendly visit?

by Din Merican

The revelation by Raja Petra Kamarudin (RPK) in Malaysia-Today that A-G Gani Patail had received gratification from Datuk Vincent Lye ,formerly of Ho Hup Bhd, caused quite a stir. But people were more interested to know who is AG Gani Patail’s second spouse whom he hides away in a Sri Carcosa bungalow in Seremban. Then things went quiet for a while.

That must have irritated former MACC Adviser, Tan Sri Robert Phang, who then issued a statement accusing the MACC of impotence. Finally, the MACC seemed to be woken from their slumber when the media reported yesterday that the MACC had raided Ho Hup’s office.

However, RPK sarcastically suggested that the raid was to collect and destroy evidence that may incriminate A-G Gani Patail. In a swift response to Malaysiakini, the MACC has denied that there was a raid on Ho Hup’s office. Instead, the MACC said that it was just a visit.

I am amused. Suddenly, the MACC is adopting diplomatic language in their dealings with the public. They no longer conduct raids; they just make friendly visits!

From the grapevine, I also heard that the MACC “visit” to Ho Hup’s office was conducted by MACC IO Fikri with 3 other officers. Apparently, IO Fikri had told the Ho Hup staff that they are required to go to the MACC HQ in Putrajaya to give their statements. And this has caused some panic amongst the Ho Hup staff.

I can understand their apprehension. The public memory is still fresh as to what happened to Teoh Beng Hock and Ahmad Sarbaini when they were asked to go to the MACC’s office. Both ended up dead thrown out of the MACC’s windows. Their deaths still remain mysteries despite the Inquests and Royal Commission of Inquiry that were conducted. Their ghosts still haunts the MACC.

The Ho Hup staff were also curious what exactly that MACC IO Fikri was trying to convey to them when Fikri voluntarily announced that the house where the lightings and renovations were supplied to was not registered in Gani Patail’s name. Why did IO Fikri volunteer this unsolicited information? Was this a warning to them not to implicate A-G Gani Patail?

The Ho Hup staff became more frightened when it was reminded to them that their majority shareholder, Dato’ TC Low, had already faced one criminal charge for going against Dato’ Vincent Lye, a close friend of A-G Gani.

Apparently, Dato’ TC Low’s sister, Low Lai Yong, is now also facing 11 charges for various technical offences under the Companies Act and Securities Commission Act. Each charge is subject to a bail of RM 1 million. If this story is true, then that’s RM 11 million on bail money alone! That would surely bankrupt an ordinary person.It appears that the message is clear- that life can be made to be very miserable if anyone were to go against A-G Gani Patail.

A-G Gani Patail’s Appeal against Dato’ Ramli’s Acquittals

Let me caution that all these are information provided to me on condition of anonymity. To verify if they were true, I tried to call Dato’ Ramli Yusuff, who is the Deputy Chairman of Ho Hup. Previously, I could not get through him as he was performing the Umrah and then went back to Sabah for Hari Raya. Again my attempts were unsuccessful.

Either Dato’ Ramli is avoiding me or he is being tightlipped about this whole affair. This is understandable. After all, the last of A-G Gani Patail’s appeal against Dato Ramli’s acquittals will come up for hearing on September 23, 2011.

Perhaps Dato’ Ramli wants to lie low until all these cases are over. Perhaps, Dato’ Ramli is wary of the omnipotent powers that A-G Gani Patail wields. On the other hand, A-G Gani Patail might just appeal again all the way to the Federal Court against Dato’ Ramli! Whatever it is, I wish Dato Ramli good luck.

Phang on Overdrive against the A-G

On the other hand, my friend Tan Sri Robert Phang seems to be going on an overdrive in his attacks against A-G Gani Patail. He has just issued another press statement. While he seems conciliatory to the MACC after an earlier bruising statement where he called the MACC impotent, Phang does not hold any punches in calling for A-G Gani to be relieved from his duties in order to facilitate a transparent investigation.

While I applaud Phang for his bravery, I should remind him that not too long ago that he had gotten into trouble for being so aggressive over AG Gani’s Haj trip with Shahidan Shafie, widely said to be Tajudin Ramli’s proxy. Phang must remember that he was given only a “conditional” clearance by the MACC.

Phang had better watch out as A-G Gani Patail might just direct the MACC to reopen their investigations against him. After all, A-G Gani Patail has absolute control over prosecutions in Malaysia under Article 145 of the Federal Constitution. A-G Gani Patail alone decides who can be charged for an offence. He can also decide that the MACC cannot charge him since he is the Public Prosecutor and there is nothing that the MACC can do about that.

So Phang had better be careful lest as this time around, the MACC might not be as diplomatic as they were when they raided…ooops visited to Ho Hup’s office! Anyway, read below the stinging statement by Robert Phang:

September 9, 2011
PRESS STATEMENT BY-

TAN SRI DATUK ROBERT PHANG MIOW SIN. Justice of Peace
Chairman – Social Care Foundation

MACC OFFICERS MUST NOT BE DISHEARTENED BY CRITICISMS BUT MUST RISE TO THE OCCASION!

Following the revelation by Malaysia Today pertaining to allegations of corruption against AG Gani Patail involving Ho Hup Berhad, on 26th August 2011, I had issued a statement captioned “AG GANI PATAIL: MACC MUST SHOW INDEPENDENCE AND NOT IMPOTENCE”.

2. I am made to understand that my statement had caused many MACC officers to feel disheartened and demoralized believing that I had accused them of “IMPOTENCE” whereas I was once an Advisory member of the MACC Panel.

3. Let me clarify that my statement was never intended to demean nor demoralize the MACC or its officers. After all, I still regard myself as part of the MACC support group. Far from demeaning the MACC, my statement was intended to challenge, motivate, provoke and fire-up the MACC and its officers to act vigilantly in the genuine fight against corruption.

4. Thus, I am happy to note that the mainstream media has reported of the recent visit by MACC to Ho Hup’s office. This shows that an investigation is under way despite there being no official statement to that effect. It would be better if the MACC Chief Commissioner, Dato’ Seri Abu Kassim, issues a statement in conformity with his pledge that the MACC would not be intimidated or influenced by any person and that action would be taken to investigate any allegation regardless that the subject or suspect may be a “big fish” and not just some “ikan bilis”.

5. If only Dato Seri Abu Kassim would make that announcement, that would allay all public cynicism and skepticism. That would assure the public not to worry because MACC is vigilant and alert of allegations that are already circulating in the public domain. Thus, I call on all Malaysians to applaud the MACC’s quiet role in this new development. Let us give these officers a pat on the back and say “BRAVO to them with the hope that would spur them to act without fear or favor. This is the only way that MACC can regain the Rakyat’s trust and confidence.

6.It is noted that A-G Gani Patail has now publicly denied the allegations. That is in consonant with the rules of natural justice that a person must be given the right to defend himself against allegations. It would be more commendable for all parties if the investigation can be shown to be transparent. Already talk is rife that the visit and seizure of Ho Hup’s documents are to achieve some other ulterior objective namely to destroy evidence of any misconduct by the AG. That perception is unfortunate.

7. Thus, one way in which A-G Gani Patail, the MACC and the government can show transparency in this matter is to ask A-G Gani Patail to go on on leave of absence until the investigations is completed. This would sweep away all the dust of suspicion that otherwise would linger on. I ask A-G Gani Patail to be selfless in this and do what I had done when an unfounded allegation was made against me earlier this year. Then, A-G Gani Patail would earn my respect as a true patriot.

8.Finally, I ask that the MACC officers must face up to reality that indeed its reputation is at its worst now. However, they must not be disheartened by these criticisms but must instead rise to the occasion!

“HUMBLENESS IS GOOD VIRTUE, ARROGANCE SHALL FALL, THE MEEK WILL RULE THE WORLD”.

Tan Sri Datuk Robert Phang Miow Sin
Justice of Peace

Pressure on MACC Chief Commissioner to explain Ho Hup Visit

by Malaysiakini (dated September 9, 2011)

Malaysian Anti-Corruption Commission Chief Commissioner Abu Kassim Mohamed should issue a statement on the graft busting body’s “visit” to Ho Hup’s Bukit Jalial headquarters two days ago.

Social Care Foundation chairperson Robert Phang said the MACC’s quiet role would help allay fears that it will not be intimidated when acting or investigating allegations ofcorruption of a person while acting without fear or favour.

“MACC’s Abu Kassim (left) should issue a statement with his pledge that the MACC would not be intimidated or influenced by any person stature and that action would be taken to investigate regardless that the subject or suspect may be a ‘big fish’ and not just some ‘ikan bilis’.

“If only Dato Seri Abu Kassim would make that announcement, that would allay all public cynicism and skepticism. That would assure the public not to worry because MACC is vigilant and alert to allegations that are already circulating in the public domain,” he said in a statement.

Phang (right) added that this is the only way that the MACC can regain the rakyat’s trust and confidence.

It was reported yesterday that Ho Hup officials admitted the MACC had visited them on Wednesday, contrary to an earlier report which appeared in political blog Malaysia Today, terming it a raid.

The report also carried a denial from Ho Hup officials that documents were taken in the half -hour visit. Allegations in the public domain from Malaysia Today since last month had linked Attorney-General Abdul Gani Patail with the construction giant.

This follows claims that Ho Hup had paid for the renovations of Gani’s house in Seremban in return for a favour done to one of its former directors. Gani had vehemently denied owning any property there.

Leave of absence advice

Phang in the statement also said it would be commendable for the government and the MACC be transparent in this matter. “It would be more commendable for all parties if the investigation can be transparent. Already talk is rife that the visit and seizure of Ho Hup’s documents are to achieve some other ulterior objective namely to destroy evidence of any misconduct by the A-G. That perception is unfortunate,” he said.

Thus, one way in which Gani (right), the MACC and the government can show transparency in this mater is to ask Gani to go on on leave of absence until the investigations are over, he added. “

“This would sweep away all the dust of suspicion that otherwise would linger on in this matter.”

The social activist had resigned as MACC advisory board member when claims surfaced in blogs that he was involved in corrupt practices. To protect the anti-graft body’s integrity, Phang quit the committee.

He was eventually cleared by the MACC of the allegations which had surfaced earlier this year.

“I ask AG Gani Patail to be selfless in this and do what I had done when an unfounded allegatione was made against me earlier this year. Then, Gani Patail would earn my respect as a true patriot.”

Phang also clarified his earlier statement titled ‘AG Gani Patail: MACC must show independence and not impotence’ which may have upset certain MACC quarters.

He said it was not to demean the MACC but to challenge, motivate, provoke and fire-up the anti-corruption entity and its officers so they would be vigilant in the fight to stem corruption. “After all, I still regard myself as part of the MACC support group,” he said.