Tun Dr Mahathir gave a signal to start the call for a referendum to seek Dato Najib's resignation. In reply through his blog, Dato Salleh Said Keruak criticised Tun M for playing ignorant. It is as though he does not know Government is not form from popular votes.
DAP knows that there is only three ways to do so; via UMNO, or via vote of no confidence or via general election. Tun M lost out on the first two so is left with the third. But, it will smear his history legacy so the call for referendum.
It is another attempt to hoodwink the public. It was in the same manner that Tun M gave an earlier signal to attack the Attorney General in anticipation submitted Investigation Paper by MACC will be thrown out.
This was the theme in the wayang bulls and bulls by Tan Sri Abu Kassim, Tan Sri Gani Patail and Bar Council, said various inside sources.
Hoodwink the public
Tun M knows Abu Kassim has no case, so the shadow play [read here, here and here].
The same script has turned to a motion to be raised at the Bar Council AGM to call on the Attorney General, Tan Sri Apandi Ali to quit. It is a futile move and mere wayang. Dato Hafarizam clarified that AG's power is constitutionally unchallenged under Article 145.
BC is also demanding that the Solicitor General play the role of Public Prosecutor. By giving the role to Datuk Azailiza, it is like allowing Gani to return as AG through an adjoing room between AG and SG offices. Rumour is the door was removed by Apandi when he assumed office.
BC had earlier filed for judicial review to challenge the exoneration of Najib in court.
The wayang being done to hoodwinked the public does not change certain facts. The decision by AG to reject MACC's IP is within the normal conduct of the law. As former DPP Tun Mahareza reasoned in his latest Facebook posting:
A. Transaksi RM2.6 billion dan RM 42 juta SRC telah diluluskan Bank Negara. Bank Negara telah memenuhi kehendak undang-undang BAFIA dan Akta AMLA (Anti-Money Laundering Act) dalam membuat kelulusan transaksi tersebut.Mamak Abu Kassim
B. Kelulusan transaksi tersebut juga telah melepaskan undang-undang rasuah di bawah Akta SPRM.
C. Undang-undang Perlembagaan Parti BN yang diluluskan oleh Pendaftar Pertubuhan di bawah kuasa Akta Pertubuhan yang membenarkan Ketua Parti menerima sumbangan dan dana disimpan dalam akaun proksi parti juga telah melepaskan bebanan undang-undang rasuah Akta SPRM.
D. Pengesahan SPRM sendiri berkaitan kebebaran dana itu didermakan Raja Saudi juga telah melepaskan bebanan undang-undang rasuah Akta SPRM.
E. Jelas sekali, keputusan AG menggunakan kuasa yang diperuntukan kepadanya dibuat bersandarkan faktor undang-undang dalam kes tersebut. AG telah terbukti menyempurnakan kehendak sesuatu keadilan dalam sesuatu prosiding undang-undang.
Sources said it is no more considered OSA because the leak on the initial investigation on RM2.6 billion and SRC was done at the verbal instruction by Abu Kassim.
BNM too leaked documents to Abu Kassim and Gani but it would be considered as information sharing despite the establishment of the Special Taskforce was not legal.
One source claimed it was Abu Kassim that manouvred to intentionally allow their IP to leak to BC.
And, it was at Abu Kassim's instruction and permission to have the many officers of MACC to speak in public but these officers get the blame. So bloggers and facebookers should stop going after Shukri or Bahari or Rohaizad. Go after the man responsible and that is the father of the "family".
The mamak Abu Kassim was said to be a key man in the so-called Five Tan Sri conspiracy to topple PM. The plan was to get Najib charged for CRIMINAL MISAPPROPRIATION under Act 574 Penal Code. The relevant sections 403 and 404 are quoted below:
Dishonest misappropriation of propertyIn both the sections, the key word is "dishonestly".
403. Whoever dishonestly misappropriates, or converts to his own use, or causes any other person to dispose of, any property, shall be punished with imprisonment for a term which shall not be less than six months and not more than five years and with whipping and shall also be liable to fine.
Dishonest misappropriation of property possessed by a deceased person at time of his death
404. Whoever dishonestly misappropriates, or converts to his own use or causes any other person to dispose of property, knowing that such property was in the possession of a deceased person at the time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment for a term which shall not be less than six months and not more than five years and with whipping, and shall also be liable to fine; and the offender at the time of such person’s decease was employed by him as a clerk or servant, the imprisonment shall not be less than one year and not more than ten years and with whipping, and shall also be liable to fine.
Weak case
The burden of proof will be on AG to prove in court that Najib had dishonestly misappropriate money.
If the money in Najib's account is not used for his own use but as a special purpose trust account and it can be accounted for, there is no case. If Najib has other money in the account and the account is operated by a trustee, thus making him not aware of any misappropriated money, there is no case also.
It seemed AG office had seek clarification from MACC. Neither was it a rejection nor request for more evidence. Despite report that MACC insisted on AG to charge Najib and it was leaked to TMI as penal code offenses, they could not give the answer in the much publicised subsequent re-submission to AG.
Thus, the only way to charge Najib is for MACC themselves to prosecute in court because AG is not convince.
Fortunately and unfortunately, MACC cannot do so under our system. Abu Kassim had said publicly on many occasion that MACC insist on the separation of role between investigation and prosecuting. That way he can divert the blame of not charge enough big fishes to AG.
Abu Kassim did all the wayang to pressure Apandi to prosecute Najib based on the weak given case. When charged, Najib will need to vacate his PM position. It does not matter he will be acquited later as long as the little Napoleans in the conspiracy could get him to vacate the post. The acting PM will then block Najib's return.
In the case of MACC officers being investigated and apprehended by police, the source from within MACC said it was Abu Kassim that gave the go ahead to IGP Tan Sri Khalid.
He was undergoing recovery for back operation. It gave him an excuse to not speak and let his men lose to create the perception of crackdown to cover-up. MACC had a solat hajat but it was a drama to make the public to vilify Khalid and police.
Khalid told Abu Kassim that he was aware that MACC can retaliate by investigating policemen from bottom all the way to the top but there is a report, thus he has to do his job. Abu Kassim understood and gave the go ahead.
One inside sources claimed that it was Abu Kassim that pressured Gani Patail to charge Najib. He convinced Gani Patail that since he is retiring, charging will be one way to get public to remember him by. It clears his name from past misdeeds.
This happened on July 22nd last year at Gani's official residence. The Special Taskforce of four Tan Sri have been meeting in a clandestine way outside office and most of the time at Gani's residence or KLGH. The taskforce was illegal from the beginning.
It was the fake charge sheet that blew the cover on Abu Kassim and Gani's manouvre. Tun M tried to provide cover for Abu Kassim's fail moves but it is inevitable for Abu Kassim to be replaced.
Bar Council
It is suicidal on Gani to do so since he has cupboards and cupboards of skeletons, including Jessica and the secret adjoing door to Azliza's office.
It is heard that BC also planned to file a lawsuit against Najib, Apandi and few others. It will be led by Dato Gopal Sri Ram with Steven Thiru, Lim Chee Wee and Ragunath Kesavan in the team.
This one has Gani's hand behind the move. He is currently chambering at Ragunath's firm. All the while, it was thought that BC was fighting Gani but now it turns out the Sabahan Gujerati is friendly with BC. It is so Geng Loceng.
Few lawyers expressed dismay at BC's political campaign using lawyers money. Quite a few are pissed with GLCs for giving these anti-Government lawyers legal work.
However, there is also a slack for Gani. SN Rayer, Dato Rosli Dahlan, and Dato Seri Anwar Ibrahim is challenging his admittance to the Bar. Anwar is citing the first sodomy trial in which Gani allegedly fabricated evidence against Anwar in the black eye incident.
The ghost of sinful past haunting on Gani or it is a cover-up?
The same Gopal Sri Ram is representing Anwar to protest Gani's entry to the Bar. The latest on Gopal Sri Ram is he was "charged" in hospital for dengue yesterday. It will be awhile before he is "discharge." So both the lawsuit and Gani's admission will likely be delayed.
As far as Apandi, he has been very economical with his words. He is aware of the legal fraternity bad mouthing. And, sources claimed he is aware of BC's plan. His response was, "Bring em on."
* Edited 10:00 PM