March 27, 2012
Copgate: Police responsibility underneath a Penal Code, not MACC's, to investigate
by Hafiz Yatim@www.malaysiakini.com
Following Home Minister Hishammuddin Hussein's mind-boggling reply in Parliament last night to opposition queries upon 'Copgate', former tip cop Ramli Yusuff pronounced a Malaysian Anti-Corruption Commission is not a right group to control an eccentric investigation.
Describing Hishammuddin's reply to a MPs as defying logic, Ramli, a former Commercial Crime Investigations Department Director, told Malaysiakini a MACC was a very group used by Attorney-General (A-G) Abdul Gani Patail as well as former Inspector-General of Police Musa Hassan to "fix" him as well as his men.
"It was a same group that we contend worked hand-in-glove with Gani to tamper with Police witnesses, by-pass Police investigations as well as fabricate evidence," he said.
"The MACC was additionally a group that cleared Musa as well as Gani of most alternative allegations, including a AG's warding off to take to court Tajuddin Ramli or his (Gani's) controversial haj trip with a proxy of Tajuddin.
"How could a Home Minister have such a proposal, as if derisive a rapist probity system?"
Yesterday, Hishammuddinwhen questioned by Pakatan Rakyat MPs Gobind Singh Deo (DAP-Puchong), Mahfuz Omar (PAS-Pokok Sena) as well as Sivarasa Rasiah (PKR-Subang), had referred to that a complaints be channelled to a MACC.
Commenting further, Ramli (right) pronounced it was astray of a Minister to explain that "the proper
group to examine is a MACC" since a allegations involve a former IGP.
And if a Police investigate, a Opposition will contend it is not fair, Hishammuddin explained. However,Ramli said: "I do not think anyone, including a Opposition, will protest if an review is conducted independently, scrupulously as well as fairly.
"Police investigators have always risen to a occasion when we was Deputy Director of CID as well as we investigated our serving IGP Abdul Rahim Noor in a 'black eye' incident."If we can examine objectively opposite a serving IGP, what more an ex-IGP?"
Gobind, in a have a difference today, agreed that a MACC cannot as well as should not be entrusted with a task of investigating 'Copgate'. He described Hishammuddin's idea as contrary in law as well as common sense, as a single of a complaints is opposite a Anti-Corruption Agency (which preceded a MACC).
Pressing for an eccentric judiciary to examine all issues openly as well as without fear or favour, Gobind questioned how Hishammuddin could suggest that a MACC should examine matters involving a own conduct.
"This obviously shows Hishammuddin has failed to understand a issue as well as does not recognise a significance altogether. If a Home Minister doesn't get this, then a single wonders either he is fit to conduct his ministry to begin with."
List of Offences underneath Penal Code
Providing a transparent list of purported offences by Gani as well as Musa, Ramli pronounced a two had abused their position by tampering with witnesses, fabricating evidence, circumventing Police investigations, obstructing probity as well as alternative offences that come underneath a Penal Code.
He pronounced a principal group enforcing a Penal Code is a Police, not a MACC. "We should leave a MACC to do what it doe! s best, that is fighting corruption. While we would like to apply oneself a view expressed by a Home Minister, unfortunately we cannot determine with what he had pronounced in Parliament.
"Like a Home Minister, we too am a qualified lawyer. Additionally, we am an gifted career Police officer of 37 years, all of that was with a CID." In ticking off Hishammuddin, Ramli pronounced a Minister should not be revelation a Police what to do as they should be left to work upon their own. He pronounced a Force knows what to do as well as contingency remain free from political interference.
Ramli pronounced Hishammuddin should explain because he has been giving excuses for not allowing a Police to examine 'Copgate'.
"Is it since a Police have shown autonomy in announcing a recommendation upon a National Feedlot Corporation event (to assign a senior manager chairperson Mohamed Salleh Ismail (left) (husband of Wanita UMNO arch Shahrizat Abdul Jalil).
"What have been Gani as well as Musa so fearful of, if they have been as innocent as they explain to be?" he asked.
"I have pronounced zero for a past five years. My group as well as we have obtained vindication from a courts. My group as well as we have been just asking for probity as well as a truth as well as for a emancipation of our honour. Is that too much to ask for?"
Last Friday, Prime Minister Najib Abdul Razak shot down calls for a judiciary opposite Gani, Musa as well as a ACA over a 'Copgate' affair. Responding a subsequent day, Ramli pronounced he as well as his group were disappointed, as they had acted upon a cabinet's orders to curb a Ah Long menace by nabbing black market kingpin Goh Cheng Poh.
Tribunal contra RCI
Malaysiakini has been asking for a reply from Gani, Musa, former Deputy Home Minister Johari Baharom as well as a MACC. Only Musa has responded to date, but he usually said, "Ask a A-G". Upon serve reports being published, Musa claimed to a media that he had been cleared by a MACC.
Malaysiakini has additionally received most comments asking about a difference in between a judiciary as well as a Royal Commission of Inquiry (RCI).
A judiciary can be hold to examine as well as confirm either there is enough justification of misconduct, in order to mislay a sitting decider or an A-G from office.
The A-G same arrange as a Federal Court Judge (Article 145, Federal Constitution)
The energy to set up a judiciary rests with a Prime Minister, who can determine a scope of a investigations.
In Malaysia's story there has usually been a single judiciary in 1988, opposite Lord President Salleh Abas and four judges of a Supreme Court.
An RCI, that is appointed by a Yang di-Pertuan Agong, can examine any matter. Previous panels have looked into a death of Teoh Beng Hock, a Lingam video tapes, a 'black eye' incident, as well as a nude squat saga, for example. The RCI can have commentary as well as recommendations, but cannot take any punitive action.
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