Wednesday, 14 March 2012

Urgent motion for tribunal on Gani, Musa rejected

Updated 5:52pm, March 14, 2012

An emergency motion - to debate the setting up of a tribunal to investigate Attorney-General Abdul Gani Patail and former police chief Musa Hassan - has been rejected in the Dewan Rakyat speaker's chambers.

The motion by R Sivarasa (PKR-Subang) was rejected on grounds that it was not specific and against Standing Order 23(1)(i), which states that questions cannot posed on news reports, the accuracy of which could not be determined.

Sivarasa had filed the motion yesterday under Standing Orders 18(1) and 18(2), which are specifically for the discussion of matters of public importance that are of an urgent and specific nature.

He expressed his dissatisfaction to deputy speaker Wan Junaidi Jaafar after Question Time this morning, saying that the issue must be dealt with because it involved the country's "highest ranking legal adviser".

parliament house leak leakage 050508 wan junaidiHowever, Wan Junaidi (left) said the motion, apart from being rejected for the reason given, also did not follow the proper format as it exceeded the 300-word limit for a motion.

"If this is not specific I really don't know what specific means because we raised a specific case," Sivarasa later told reporters at the Parliament lobby.

"My motion has nothing to do with whether the (news report) is accurate. We categorically stated that Malaysiakini's report is based on statutory declarations... it is credible.”

Issues linked to status

He also said the AG could only be tried before a tribunal as the latter’s status is similar to that of a High Court judge.

"So that's why we said we need a tribunal to investigate this allegation, to see whether it is true or not.
"This is most unfortunate because it concerns the AG himself, who is basically being implicated in criminal offences and therefore it is appropriate for this House to discuss it.”

Malaysiakini had reported on Sunday that, in 2006, deputy home minister Johari Baharom had bypassed Musa and instructed the Commercial Crimes Investigation Department head Ramli Yusuff to investigate Johor-based underworld figure Goh Cheng Poh.

musa hassan and gani patail and acaRamli had claimed his investigations had revealed that Musa (left in picture) was in cahoots with Goh and had assisted in covering up the latter’s gambling and money laundering businesses.

Gani (right in picture) was said to have instructed the Anti-Corruption Agency (now the Malaysian Anti-Corruption Commission) to access highly-confidential files on the case.

He is further alleged to have ordered its officers to hunt down the informants in the Goh case and coerce them into changing their statements to implicate the CCID team investigating the case.

 Urgent motion tabled calling for tribunal on AG

 An emergency motion was filed today to compel the prime minister to request the Agong to set up a tribunal to investigate accusations against Attorney-General Abdul Gani Patail and former inspector-general of police Musa Hassan.

R Sivarasa (PKR-Subang) argued in his motion that allegations that the powerful pair had abused their powers by framing police officers who were investigating an underworld figure are "serious".

The motion was filed under Standing Orders 18(1) and 18(2), which are for the discussion of matters of public importance that are of an urgent and specific nature.

Malaysiakini
had reported on Sunday that, in 2006, deputy home minister Johari Baharom had bypassed police chief Musa Hassan and instructed the Commercial Crimes Investigation Department head Ramli Yusuff to investigate Johor-based money underworld figure Goh Cheng Poh.

musa hassan pc 021107 thinkAccording to Ramli, his investigations revealed that Musa was in cahoots with Goh and had assisted in covering up the illegal gambling and money laundering business of Goh, who is also known as ‘Tengku Goh'.

Gani was accused instructing the Anti-Corruption Agency (ACA, as it was in 2007) to access highly-confidential files on the case and is alleged to have ordered its officers to hunt down the informants in the Goh case and coerce them into changing their statements to implicate the CCID team investigating the case.

"If the allegations are proven, Abdul Gani has committed several crimes, including conspiring the crime, conspiring with criminals and falsifying statements," said Sivarasa.

"At this stage, there is no certainty whether the allegations are true or false. However it cannot be denied that there is credible evidence to support the claims," he said in calling for the tribunal to be established under Article 125(3) of the constitution.

Meanwhile, the Agong has consented to the much-opposed Peaceful Assembly Act, paving the way for it to be gazetted as law.

The legislation replaces Section 27 of the Police Act, which was repealed last year to encourage freedom of expression as enshrined in Article 10 of the constitution.

The Act was tabled last November and hurriedly passed by the Dewan Negara, despite protests from legislators, lawyers, civil society and members of the public.

One criticism of the law is that it prohibits street protests.

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