MACC held a press conference, in which the trailer released yesterday mentioned of explosive audio revelation. True to the suspicion of few, the audio implicated Rosmah and the court collaborated to conveniently postphoned.
In the press conference, MACC Chief Commissioner, Latheefa Koya revealed publicly 9 sets of audio clipping of telephone conversations involving former Prime Minister, Dato Najib Tun Razak, former MACC Chief Commissioner, Tan Sri Dzulkifli Ahmad, head of state of UAE, Dato Azeez Raheem, Rosmah and few others [see here].
Lathefa is not disclosing the source and the authencity will be verified on further investigation. She went on to say MACC is making public for public interest the attempt for a cover-up and subversion of justice. It means MACC is giving it to police to investigate.
One law enforcement possibly giving another law enforcement agency to investigate their investigation finding.
In the past, bloggers making revelations of wrongdoing would claim someone left documents at the doorstep or on the car windshield wiper. Surely, it could not be the case.
There are only few enforcement agencies with the capability to do tapping of conversation.
However, any formal tapping for purpose of investigation and collecting of evidence require authorisation of Deputy Public Prosecutor. Usually tapping done by Special Branch are illegal thus not made public in court.
Should MACC not be required to do so, why then they not disclose the source and be responsible for their action.
Reactions
A few reactions on Facebook indicate MACC action may have serious legal implication and future operation of law enforcement.
Facebooker Salahuddin Bin Hisham immediate questions posed:
KERJA BODOH TIPAH KOYA. PC REVEALED NOTHING NEW.
Perhaps new names. Issues...
1. Was the audio tapping authorised by any DPP?
2. Could this be subjudice agst ongoing trials and lead to mistrial?
3. MACC has disclosed evidence not verified yet in court. It means police or MACC or Customs must disclose and update public on ongoing investigation. Sancity of evidence compromised.
4. Security of our system.of intelligence and information gathering open to public scrutiny and enemy scrutiny.
Cukup setakat tu. Politically, the intention is obvious. Obviously, kerja bodoh.An UMNO Supreme Council member, Dato Armand Azha responded immediately at 12:00 PM:
Hari ini kita lihat suatu permainan politik yang amat merosakkan sebuah badan bebas negara MACC dijadikan alat politik.Wiretapping scandal
Sebentar tadi MACC ini telah dedah rakaman audio semasa PC dakwa konspirasi jenayah tertinggi dikatakan suara Ds Najib dan beberapa individu.
Bukankah kes ini masih berjalan dimahkamah? Bukankah ini contempt of court dibuat oleh MACC ni.
Sebagai sebuah badan bebas kerajaan sepatutnya hanya perlu buat PC, rakaman audio tersebut sepatutnya serah pada pihak PDRM untuk dibuat siasatan
Paling real bagi saya, rakaman suara laju jer kata kenal pasti, rakaman video di Sandakan aka Semburit sampai skang tak leh selesai sedangkan terang2 beberapa NGO telah pergi luar negara untuk dapatkan laporan forensik tak sampai satu minggu.
Rakaman pula dikatakan dapat rakaman daripada pihak yang tidak dikenali dan tak pasti siapa. Kenapa tak persoalkan siapa yang buat rakaman tersebut? Camana lar MACC boleh buat kerja terdesak ini. Buat PC terus dedah terus patutnya serah pada PDRM, dimana intergriti MACC dalam isu ini.
MACC CONTEMPT OF COURT, pada pendapat saya.
Ini semua bagi saya adalah utk jatuhkan momentum BN di PRK KIMANIS. Satu game plan yang busuk ciptaan Rejim Pakatan.
Ikhlas
Dato Armand Azha Hj Abu Hanifah
MKT UMNO Malaysia
Ketua UMNO Bahagian Subang
8hb Januari 2020
12 tghari
A legal practitioner consulted felt there are potential complication to MACC action to make public these audio recordings.
To tender as evidence in any court, there will be a chain of evidence to be revealed in court.
Handling of evidence would become an issue; who put the recording together, how was the recording made and so on will need to be revealed in court.
Latheefa Koya may need to offer herself as witness. And, the royalties of UAE will be required to present himself in court to verify the audio.
Latheefa Koya may need to offer herself as witness. And, the royalties of UAE will be required to present himself in court to verify the audio.
The revelation itself will severe relations between Malaysia and UAE. More enemies for Malaysia.
The revelation in court could open a can of worm. It would reveal and compromised our intelligence operation and capability to the world.
It will means government can do tapping on anyone and anytime. A similar incident, the Watergate Scandal of the 1970s brought down President Richard Nixon of the US.
Once set as precedent, the next government to replace the PH government will resort to tap on anyone it wishes and turn information gathering operation for security reasons into a police state as envisioned by George Orwell in his classic 1984 novel entitled 1984.
There have been a reshuffle in MACC with the roles played by Dato Azam Baki is taken over by the Dato Ahmad Khusairi as Director for Investigation and Dato Aziz Aban to be the new Director for Surveillance.
Is it the new politically motivated practise introduced by these new Directors? The Director for AMLA, Dato Zamri is already failing to get any conviction for his rampant application of forfeitures.
Two birds with one stone
Politically, it is looking as though government side desperately need to pin down Najib as soon as possible to enable a political plan to be executed immediately. Do refer to past few postings here and here together with Raja Petra's latest here.
Dato Najib will certainly be accused of being weak and is under the control of his wife, Datin Seri Rosmah. It serve the purpose of Mahathir to weakened his political support among UMNO MPs.
The audio recording may not have any legal value and its admissibility in court questionable. If it is to be given to the police for investigation, why must it be exposed?
Evidence are adduce in court and making it public only tainted it. By making it a subject of public, it is subjudicial. The sanctity of the evidence questioned.
This highlights a major problem in this country; stupidity. Things are done without thoroughly pondering and thinking on the implication and outcome. Sloppy work is indicative of stupidity.
Talk among senior media people is that it is nothing new. But it is purely trial by media. Do not be surprise it could lead to a mistrial on the existing cases in court to save the face of Mahathir of losing his cases.
Apparently, anytime there is a by-election, there will always some new accusation or slander made against Najib.
Apparently, anytime there is a by-election, there will always some new accusation or slander made against Najib.
To Mahathir, only politics matter. When did he ever care for the rule of law?
To be updated
To be updated