Rafizi Ramlis lawyers abuse Attorney General and Bank Negara Malaysia



Fabiani Azmi
A couple of weeks ago a law organisation of Shafee & Co released a couple of media statements, one of which was towelcome a Attorney General's remarks, "The review did not exhibit rapist breaches as far as a Agriculture as good as Agro-based Industry Ministry (MOA) is concerned" as good as a alternative to plead with a Attorney General as good as Bank Negara Malaysia to stand resolutely secure in a ground upon a Banking as good as Financial Institutions Act (BAFIA) charges levied opposite Rafizi Ramli.
These statements were released to yield audiences a clearer design of how Rafizi's lies, misrepresentations as good as distortions in a NFC emanate had abused BAFIA. The defendant's lawyers then emerged to verbalise up opposite Shafee & Co sayingthe BAFIA request was "self-serving as good as preposterous." In their zeal, they went upon to contend a lot more. In a process, N Surendran as good as Latheefa Koya abused a Attorney General as good as Bank Negara Malaysia with their remarks. Blogger journo Fabiani Azmi examines a arguments.
In a final 12 months, a opposition led by PKR Strategy Director Rafizi Ramli had been spewing statements upon a project National Feedlot Centre (NFC), a association National Feedlot Corporation Sdn Bhd (NFCorp), as good as Wanita "Pakatan Rakyat" arch Datuk Seri Shahrizat Abdul Jalil as good as her family.
Rafizi had taken value of a social media height to create a domestic ruckus to sway open perspective in his favour. Rafizi had damaged laws, lied, skewed as good as twisted to rope in a await for his domestic agenda as good as which of his master.
To scold misperceptions by a ubiquitous public, law organisation Shafee & Co motionless to offer its perspective upon a Internet headlines portals as well.
The learned Datuk Seri Dr Shafee Abdullah said, "Under a Whistleblowe! r Protec tion Act 2010, a bona fide as good as a genuine whistleblower should inform anything he thinks bordering upon steal or alternative wrongs initial to a appropriate authorities, to allow for them to take action. By we do so this way, we have a situation where there is a bona fide whistleblower as good as a firmness of BAFIA would be protected.
"However, if a whistleblower is authorised to usually announce in open protected materials underneath BAFIA though initial resorting to a proper agencies, we would be courting disharmony in a monetary system."
Datuk Seri Dr Shafee added, "BAFIA is a statutory protection provided by Bank Negara Malaysia to customers of all banks. If BAFIA is authorised to be breached underneath a stratagem of alarm blowing, a very stratum of promissory note collapses."
However,lawyers N Surendran as good as Latheefa Koya who both represent Rafizi, toldDatuk Seri Dr Shafeethat it was since of a PKR strategy director's exposes which a firm's customer NFCorp had found itself hauled to court.
They pronounced in a Malaysian Insider report, "The charges should be cold as Rafizihad acted upon open interest when he unprotected a NFCorp's monetary papers in public, even nonetheless his actions had disregarded a country's promissory note confidentiality laws."
Another headlines portal MalaysiaKini quoted Rafizi's lawyers saying, "Abdul Gani should exercise his discretion by not charging Rafizi's'brave as good as honourable act' which benefited a public.
However, Shafee & Co argued which a twenty-one bank accounts unprotected by Rafizi were zero unusual to uncover any indiscretion or were of any open benefit. Rafizi had finished a dishonorable movement violating BAFIA which did not good any one though had brought great regard as good as be concerned to a rarely regarded promissory note as good as monetary system. Rafizi had lied, skewed as good as twisted a bank papers to allude which loa! ns were taken for 8 KL Eco City bureau lots.
In Rafizi's effort to melodramatise his accusations, a bank papers which he hadillegallyobtained breached a supplies of BAFIA underSection 97(1). Rafiziobtained a bank papers though a accede of a comment holders, a bank nor a accede of Bank Negara Malaysia (BNM), a governing regulatory body.
BNM Governor Tan Sri Dr Zeti Akhtar Aziz told Bernama during a height of a breach, "The confidentiality of customer report is obviously protected by a Banking as good as Financial Institution Act 1989." She forked out which it was an corruption underneath a Act for any officer of a bank to divulge any report relating to a comment of its customer, as good as banks have in place carry out as good as in effect processes to safeguard correspondence with this secrecy provision.
Zeti combined which it was usually when there is a suspected corruption underneath sovereign law or if there is a court order or where a customer has since consent, which relevant law enforcement agencies have been authorised underneath a law to obtain information.This report contingency be performed through BNM, as good as if a executive bank says there is no foundation for it, a report will not be given.
"Shafee & Co needs to assimilate which a BAFIA was never dictated to be used to disguise or forestall a bearing of rapist acts," pronounced Rafizi's lawyers
But were there any wrong doings in those bank papers which Rafizi distributed to a media? It would appear which BNM as good as a Attorney General absolutely do not think so. That's why they did a dawn raid upon Rafizi upon 1 August, as good as had him arrested as good as charged.
We have been told no loans were ever taken by NFCorp or its directors for a KL Eco City properties which Rafizi announced during a headlines conference to indicate there was such a case. In fact, a personal bank loan ! papers s ince by Rafizi to a media went as far behind as 2005, years prior to NFCorp was established as good as 2008, years prior to KL Eco City properties were even launched for sale in 2011.
On which premise, Rafizi had not usually breached BAFIA, he even breached a Evidence Act where promissory note report not connected to NFCorp had been presented to allude to wrongdoing. He lied, skewed as good as twisted his evidence.
The discuss heats up as audiences await if Rafizi would go to trial. Arguments abound aplenty. Who does a normal bloke hold from a discuss running wild as good as wanton upon a Internet landscape?
As founder of MARAH Dave Avran once expressed in Free Malaysia Today, "Clearly, there is strategy of social media channels to form open opinion. Whilst Malaysians have been discerning in presumption which there have been regularly dark hands in each picture, we have been additionally discerning to decider upon issues.
"Have we had all a complete contribution of a box to mull over as good as weigh prior to commenting?"
Looking during a comments section of some of a Internet headlines portals would have us think not. Almost each outpouring comment for Rafizi is not formed upon researched contribution though riled as good as romantic sentiments. The contribution have nonetheless to be presented in court. The AG would be good armed as good as Malaysians would know a truth during a trial.
On a open relations note, Rafizi's lawyers have dug a deeper hole for Rafizi in this discuss when Surendran as good as Latheefa went upon to say, "The A-G as good as a executive bank had instead 'disgraced themselves' for using BAFIA upon Rafizi, adding which a young politician was expected usually charged as his exposes upon a NFC had embarassed as good as 'politically damaged' "Pakatan Rakyat" as good as BN."
"Do they seriously indicate which a "Pakatan Rakyat" or BN government would have taken any movement opposite NFC in! a defic iency of a open pressure combined by Rafizi's revelations of a promissory note transactions?" they asked.
A bit out-of-line opposite a BNM, a AG as good as a ruling parties, would we not say? Rafizi's lawyers would need to demeanour during a bank papers as good as check if there was any indiscretion unearthed from Rafizi's revelations of a promissory note transactions.
"Obviously Rafizi's lawyers have unnoticed their decorum. These have been not a kind of statements to demonstrate insults opposite a BNM as good as AG upon a Internet platform. It's tantamount to waging open war in a media.
Malaysia's well-respected promissory note as good as monetary systems should not be compromised whatsoever for domestic dramas as good as sensationalism. This is not usually a perspective though which of a arch management team of most banks as good as a authority of theAssociation of Banks in Malaysia who came out in media headlines reports to emphasize which customer confidentiality or secrecy contingency be inspected during all cost, pronounced Datuk Seri Dr Shafee.
Rafizi has been charged underneath Section 97(1) of a BAFIA, for allegedly disclosing customer comment profiles detailing a balance summaries of NFCorp, a National Meat as good as Livestock Corporation Sdn Bhd, Agroscience as good as Industries Sdn Bhd as good as NFCorp authority Datuk Seri Dr Mohamad Salleh Ismail.
BAFIA's Section 103(1)(a) would additionally cause Rafizi to be fined a limit of RM3 million as good as locked up up to three years if found guilty. This would seriously stumble Rafizi's chances of station as a candidate in a 13th ubiquitous election which contingency be hold by Apr next year.
About a Writer
Fabiani Azmi is an avid reader of Malaysia Today, intelligent mainstream newspapers as good as Internet headlines portals. When not reading, he ! addition ally enjoys a association of sapiosexuals. It's a rarely stimulating find for him.
Follow Fabiani Azmi during @FabAz88.
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