Friday, October 9, 2015


As posted by Dr. Mahathir Mohamad at Che Det on October 09, 2015

1. The Attorney Generals Chambers have cleared 1MDB of any wrongdoings with regard to the use of the funds approved by Bank Negara for foreign investments.

2. But Bank Negara is obviously not satisfied and appealed to the AG without any change in the report. Again the AG rejected the appeal.

3. We know of course that the AG is empowered to decide whether a case should go to court or not. The presumption is that the AG would appreciate and understand the seriousness or otherwise of the case before him, that he would appreciate the concern of the complainant or agency making the report, that if there is dissatisfaction the case should be judged in a court of law by a judge and if still dissatisfied that an appeal be allowed.

4. That should be the way. But it would seem that the AG has made the judgement, rejecting the case as having no merit for a hearing in a court of law. And when an appeal is made, the appeal is dismissed by him on grounds which are not clear. There is a lack of transparency here.

5. Is this the rule of law that this country is supposed to uphold? Is the AG higher than a judge, that his judgement is final and there can be no appeal?

6. In this particular case the people would like to know whether the Prime Minister is involved or not. By dismissing this case suspicions will remain in the minds of the people. In fact people are thinking that the decision of the AG may not be by the AG.

7. On the other hand we are seeing people being detained under a law supposedly meant for curbing terrorism.

8. In his speech when introducing Rang Undang-Undang Kesalahan Keselamatan (Security Offences (Special Measures) Act) 2012 the PM said activities which undermine parliamentary democracy is interpreted as an activity carried out by an individual or a group with the intention of toppling or undermining parliamentary democracy through violence and in contravention of the Constitution

9. The Security Offences law itself confines its application to security matters. It provides for the arrest and detention by a police officer any person whom he has reason to believe to be involved in security offences for twenty-four hours and for the purpose of investigations, detention can be extended for not more than twenty-eight days.

10. The arrests of Dato Khairuddin and his lawyer Matthias Chang have created fear among the people that reporting about wrongdoings of the Government and its officers constitute threats to security. Whistle-blowers which the Government is said to encourage, is now threatened with the danger of being accused of threatening the nations security.

11. With this the call by the Rulers for probes to be conducted fairly and in a transparent manner can no longer be achieved. There are literally dozens of people with knowledge of the wrongdoings in 1MDB who will not risk giving evidence or making accusations because they risk being detained and charged under the Security Offences Act.

12. We all know that the investigations into the 1MDB affairs and the USD 700 million in Dato Sri Najibs personal account has been jeopardised by the removal of the AG, the transfer of the MACC officers, the emasculation of the Public Accounts Committee and the implied threat against Bank Negara. Now lawyers for the defence can be questioned and detained.

13. These actions have intensified the lack of confidence and distrust of the people in the Government. Merely by stating the investigation is on going will not convince people that truth will prevail.

14. In the eyes of the world Malaysia has become a pariah state, a state where anyone can be hauled up and questioned by the police, detained and charged through abusing the laws of the country.

15. And the AGs Chambers will dismiss or disregard any report of wrongdoing that involves the Prime Minister.

16. Already the members of the Government are saying that no one, not even the Rulers may comment on obvious Government abuses of the laws of the country.