Sunday, July 24, 2016

AG should be sacked

Malaysiakini - Guan Eng's right to explain to public, lawyer raps AG


he knows all about money
afterall he was UMNO treasurer in Kelantan
that's why he will personally lead the prosecution against Lim Guan Eng

Attorney-general (AG) Mohamed Apandi Ali has been told not to "threaten" Penang Chief Minister Lim Guan Eng for addressing the public on his court case.

Lim's lawyer Gobind Singh Deo said as chief minister, Lim had a right to explain his stand to the public.

"He is the chief minister of Penang and there is a need for him to explain to people why it is he claimed trial to those charges and why it is he claims innocence.

"I call upon the AG to stop threatening my client, failing which I will not hesitate to move contempt proceedings against him in the Penang High Court," said Gobind in a statement today.

Noting that Apandi said that he had cautioned Lim through his lawyers, Gobind refuted the matter.

“I challenge him to produce evidence to this effect. I have not spoken to him since the day my client was charged and at no time has he ever raised any concerns with me personally over the matter until now in the press,” said Gobind.

He reminded Apandi to conduct himself as befits his role and office.

“He must remember that his role is now as public prosecutor conducting the case before the High Court and I lead the defence team for the chief minister.

“There are rules which apply at the bar. If you have a problem, you should raise it with counsel on the other side and if there are disagreements, then there are ways by which those issues can be properly dealt with,” reasoned the legal practitioner.

He added that the charges had been read out in open court and widely reported in the media.

"I take the view that every accused person is entitled to explain his position in response to charges against him.


"It would be absurd to suggest that the public prosecutor can prefer charges against anyone, but they cannot say anything in response except and until their day in court," said Gobind (photo), who is Puchong MP.

Apandi today issued a "final warning" to Lim to stop commenting on the corruption charges that he is currently facing.

This is apparently over comments made at a press conference yesterday in which Lim criticised the AG.

Aiyoyo, either the AG is thin skin or just plain persecutorial.

If his is so thin skin as to be unable to accept or tolerate standard public responses by Lim Guan Eng, of course within the remit of legal discourse, to the official charges of corruption against the CM of Penang, and had threatened LGE against speaking out, then he has abused and misused the powers of his public office to persecute (not just prosecute) LGE.

Thus he has been persecutorial and should resign or be dismissed from that office.

OTOH, if he had believed he's high and almighty and could be persecutorial against a person he has just charged, then he is also not fit to be in that office of great public responsibility. He should be sacked.

Either way, he is not fit to be the AG.

Furthermore, based on Gobind Deo's statement, Apandi had lied when he said he (Apandi) had cautioned Lim through his lawyers.

In not following proper legal procedures, he did exactly what JAWI did to Nik Raina, warning the person under charge directly instead of through the defence counsel.

Just how could an AG not follow legal procedures? And also lied!

Malaysia Boleh.

It's utterly disgraceful that the nation's AG has just been reprimanded by a lawyer, for him (the AG) to conduct himself as befits his role and office.

Cap tiga kepala - sangat low class ler.




11 comments:

  1. His bluff about cautioning Lim through his lawyers is not as big as his bluff now exposed by the US DOJ court filings for all to see, para 263 - 4:

    263. The attorney-general of Malaysia publicly stated that he conducted an inquiry into the $681 million in payments. In a press release issued on January 26, 2016, the Malaysian Attorney General confirmed that, “the sum of USD681 million (RM2.08 billion) [was] transferred into the personal account of [Malaysian Official 1] between 22.03.2013 and 10.04.2013,” and that, “in August 2013, a sum of USD620 million (RM2.03 billion) was returned by [Malaysian Official 1]…” The Malaysian attorney-general ultimately characterized the payment of $681 million as a “personal donation to [Malaysian Official 1] from the Saudi royal family which was given to him without any consideration.”

    264. Bank records associated with the Tanore Account show that TAN was the beneficial owner of the Tanore Account, from which the $681,000,000 payments to the account of Malaysian Official 1 were made, and that 1MDB Officer 3 was added as an authorized signor on the Tanore Account roughly one day before the first wire of $620,000,000 was sent from the Tanore Account to the account of Malaysian Official 1.

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    Replies
    1. if the attorney-general and her team could expose the above without malaysia's assistance, likewise she can also do that without the arab's assistance in order to declare that the saudi royal family is a lier?

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  2. KT boy-boy, before you get too emotional and hasty in calling for Apandi to be sacked....you should realise Apandi "The Launderer" is one of the principal lines of defence, in fact one of the few remaining solid defences of your beloved MALAYSIAN OFFICIAL 1.

    His stonewalling , distinct lack of energy and pronouncing "No evidence of wrongdoing in 1MDB" , and refusal to provide anything more than lip service cooperation to foreign government regulators investigating 1MDB, is what is preventing MALAYSIAN OFFICIAL 1 from facing justice in Malaysia, United States, Switzerland or Singapore (take your pick).

    And indirectly, he is the principal defence preventing the reinvigoration of The House of Mahathir, much feared and abhorred by you, right ?.

    So....are you sure you want Apaandi sacked ?

    You may love Lim Guan Eng, but do you love MALAYSIAN OFFICIAL 1 more ?....wakakakaka...

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    Replies
    1. don't you think that the attorney-general loretta lynch should also investigate the arab minister who said that the money was a donation which ipso facto means pm najib did not steal any money from 1mdb?

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    2. Actually there was a prince who made a so-called 'donation'. Technically the minister was right, if you ignore the amount involved, and the source of the money (when he made that statement there was no reference to these, wasn't it?):

      extract from DOJ court document :
      pg 33 para 99.
      QUOTE ===========
      As set forth above, between September and October 2009, $700 million was fraudulently diverted from 1MDB to the Good Star Account. An additional $330 million was fraudulently diverted from 1MDB to the Good Star Account between May and October 2011. According to J.P. Morgan Chase banking records, between February and June of 2011, approximately $24,500,000 of these funds was transferred to an account at Riyad Bank maintained in the name of a Saudi prince who, together with the PETROSAUDI CEO, co-founded PetroSaudi (“PETROSAUDI CO-FOUNDER”). From those funds, $20,000,000 was then transferred, within days, to an account belonging to MALAYSIAN OFFICIAL 1.
      UNQUOTE ==========

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    3. if the people can be fooled by a flying carpet n coconuts, what does it take for u to spin up an 'arab minister'?

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  3. Here's my take on this....I am an old man, but I graduated in Law and Finance many decades ago....

    The 1MDB conspirators were very smart people, knowledgeable in International Finance. They carried out basically a complex Financial Shell Game.
    Ever played a shell game ? You have 3 identical shells, and put a stone under one of them. Then you move the shells around so quickly so many times , it is extremely difficult to figure out at the end which shell has the stone underneath it. Especially if you are actually not really interested to find out.

    What they didn't reckon on, once the US Government got involved, they have to capability to see the whole picture.
    All US Dollar bank payments/ receipts are required by US regulations to route through a Bank branch on US soil at some point - either the foreign Bank's own US branch or a correspondent bank appointed as an agent.
    That was a law the Americans put in to retain control of their financial flows after the Dollar became a global currency. In theory , a rogue bank can still ignore that law, there are plenty of Dollars floating outside the US, but no major bank dares ignore that rule, because they risk major fines and being locked out of the US Dollar financial system. Bye-Bye to International US Dollar trade transaction handling.

    So...whatever was paid out of 1MDB in US Dollars, paid into Malaysian Official 1's personal account in US Dollars, whoever it was paid to in between , US Investigators have the power to order the US banks to reveal, who paid, paid to whom, how much $ , when.

    This is what the US Department of Justice did, which the Malaysian Attorney General Apandi refused to do, by refusing authorisation for Malaysian Investigators to invoke international mutual legal assistance requests with foreign governments.

    The Saudi government was doing Najib a favour as requested - remember the sudden visit Najib made to Saudi Arabia early this year ? The money wasn't from them, it didn't cost them anything , it was a small matter for them to tell (to them) a Minor White Lie. Lamam , right ?

    The Saudi Foreign Minister is a lightweight, not of the inner circle of the senior Saudi Princes, just did as he was told to say...

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  4. didn't the conspirators learn the shell game at ivy-league business schools? shouldn't the us banks, scb, ubs,dbs, bvi offshore banks be considered amongst the schemers and conspirators abd should be closed down?

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    Replies
    1. how much illegal fee-based income/commission did the banks earned? shouldn't that be confiscated too? if the banks are dishonest how can they be the custodians of public funds? if spore mas can close down bsi then many more banks should be closed down too? and can we hear what are the criminal charges please?

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  5. In 2012, HSBC pleaded guilty and was fined $ 1.9 Billion by the US DoJ for allowing its US Texas Branches to be used to process illegal drug money flowing to South American drug lords. They paid the fine, rather than risk losing their entire US Dollar business.

    Anti-Money laundering laws force banks to ensure they go through procedures to check that large transaction amounts of money have legitimate purposes, especially personal funds not trading goods. If you pay $ 10 Million to a company to import machines or consumer goods, that is a legitimate transaction. If you pay somebody $ 10 Million without any proof why it is needed, That is a High Risk transaction.

    In Malaysia, Anti-Money Laundering laws are strict.
    If you walk into a bank to send your child just RM 50 K to UK or Australia to pay for his university fees or living expenses, you have to show proof that your child is a student there - University enrolment, letter from the university etc.

    But it seems that "Malaysian Official 1" is Above The Law.
    Raja di Malaysia.

    The US banks/branches which handled illegal 1MDB funds will be subject to investigations and legal action themselves. The analysis which say last week's civil suit against Jho Low and Riza Aziz are just the first step of many, including criminal charges are correct. Akan Datang, but takes time.

    Future developments Also depend on how Najib tries to cut a deal with either President Hilary Clinton or President Donald Trump. Obama is at the end of his Presidency.

    Obama did help out his golfing buddy Najib by not having him named, since it was not legally required for the seizure suit - Najib is not the owner of any of those US assets being seized.

    Probably easier for Najib to deal with a President Trump. Trump is a deal-making kind of guy.

    Maybe a US base in Sabah, within F-35 striking range of the China-occupied Spratlys rocks will do the trick.

    1MDB Investigation Closed.
    Bisa diAtur.

    Who said the Americans are clean ?

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