Robert Phang: Clear Him And Then Reinstate Him!
January 30, 2011
Robert Phang: Clear Him And Then Reinstate Him!
by Din Merican
Last Sunday January 23, I wrote about the Shameless Conspiracy against Robert Phang and I said that shortly, the whole machinery of the government would be abused to mount an orchestrated attack to malign Tan Sri Robert Phang. I also said that Attorney General (A-G) Gani Patail, in collusion from the MACC, would manipulate and fabricate to fix Phang because Phang had been critical of A-G Gani Patail. I have been proven to be right.
A-G Gani Patail, in collusion from the MACC, would manipulate and fabricate to fix Phang because Phang had been critical of A-G Gani Patail.
Media including BERNAMA continues to manipulate news
Did you notice how they have manipulated Robert Phangs offer to resign at the MACC Panel meeting on January 25? The BERNAMA report on January 26 which was carried by The Malay Mail had this sensational headline MACC allows Robert Phang to continue as panel member until February 24 while the other mainstream newspapers had an even more damaging captioned that MACC to keep Phang as panel member.
Can you see how misleading and insulting that was? It made it appear as if Phang was groveling to keep his Advisers post. It made it appear as if the MACC took pity on Phang and would therefore allow! him to stay on until his term ends. But they underestimated Phang. Instead of being silenced, he did something not the norm by Malaysian standards. He fought back.
MSM misleading and insulting !
No Mexican Stand-Off
I had expected that Phang would be forced into a Mexican stand-off in order to eventually call for a truce to silence him for good in his criticisms against A-G)Gani Patail. Instead of going down meekly, Phang would not play the Mexican stand-off game. He decided to go out with a bang while holding his dignity high. He called for a press conference to announce his resignation and shot back at the co-conspirators who had tried to bring him down. Phangs press statement was unsparing and very biting against his attackers.
I posted that press statement on January 27 under the title Robert Phang Quits MACC on Principle. That was a masterful stroke which took the wind out of the sails of his attackers because they thought that Phang was desperate to keep his post. Phang knew what they were up to and he exposed them for what they are!
I was correct when I said that Phang would find within MACC and the government, those who would forsake him and betray him, like Judas Iscariot who gave Jesus the kiss of death. In Phangs press statement, he identified the many Judas who would betray the cause of justice of this country. Phang had exposed his conspirators, he identified MACC Anti-Corruption Advisory Board member, Tan Sri Megat Najmuddin Megat Khas. Phang also specifically mentioned the Sabah factor namely,A-G Gani and Datuk V.K Liew who is Deputy to Dato Seri Nazri Aziz.
In Phangs press statement, he identified the many Judas who would betray the cause of justice of this country!
Some of my readers were critical of Phang, calling him a coward for throwing in the towel. To these critics, I suggest they read again what Phang had said. Phangs strong statements are clear signals that he is certainly not abandoning his fight against corruption and abuses of power. Phang emphasised that he came under personal attacks after he asked A-G Gani Patail to clear the air on his relationship with Tajudidn Ramlis proxy, Shahidan Shafie, which might be the reason why AG Gani did not act on the recommendation of Dato Ramli Yusuff to institute prosecution against Tajuddin Ramli and several others.
For merely asking A-G Gani Patail to be accountable for all these controversies, Phang suddenly became the subject of venomous attacks and he is now the subject of an MACC investigations. These critics should note the steely determination in Phangs pledge that he would not be silenced and that he would continue to speak out against injustice and abuses until all these rogues within and outside of government are weeded out.
For merely asking AG Gani Patail to be accountable for all these controversies, Phang suddenly became the subject of venomous attacks and he is now the subject of an MACC investigations.
Phang had also been critical of selective prosecutions. The most prominent which I have highlighted for the past 2 years is the case Dato Ramli Yusuff and Lawyer Rosli Dahlan.
I have also briefly mentioned the case of DSP Baharin Che Ros, ASP Hong Ken Hock and Sergeant Major Hassan Aman who were charged for collating false evidence to topple the then IGP Musa Hassan. I hope to write about their plight in more detail later. Apparently, there are many more.
I am now receiving requests from the less privileged in society who would like Malaysians to know of their plight and that of their families after they tried to expose wrongdoings by their superiors, and ended up being charged instead. One of such request came from Encik Abdul Jabbar Bin Mohamed who tried to whistle blow on the scam in the Petronas petrol stations land deal.
Encik Jabbar is now filing a civil suit against the MACC and the A-G Chambers for colluding to cover up the scam and for charging him with all kinds of frivolous offences ,which resulted in him losing his livelihood. That despicable DPP Kevin Morais was featured in Jabbars prosecution, which also ended in an acquittal. But the damage caused to Encik Jabbar and his family cannot be undone.
Then on January 25, Penangs Immigration Director, Abdul Rahman Harun, was charged. Read below the report by The Star:
Former Immigration Chief charged with having excessive assets
By PRISCILLA DIELENBERG 
prisdberg@thestar.com.my
GEORGE TOWN: A former Penang Immigration Department Director pleaded not guilty to possessing properties in excess of his emolument.
Abdul Rahman Harun, 52, was charged by the Malaysian Anti- Corruption Commission (MACC) under the MACC Act 2009 after he had failed to satisfactorily explain how he came to own an excess of RM152,081 in assets.
The offence under Section 36(3) of the MACC Act 2009 carries a jail term of up to 20 years and a fine of not less than five times the value of the excess or RM10,000, whichever is the higher.
Abdul Rahman claimed trial to committing the offence at the MACC complex in Jalan Sultan Azlan Shah here on October 11 last year.
He is alleged to have RM817,355 in assets, made up of RM681,355 in three accounts and a piece of land in Ayer Hitam in Sepang, Selangor valued at RM136,000, which showed an excess of RM152,081 with regard to his present or past emoluments and all other relevant circumstances.
In seeking bail, counsel Mohd Fadly Hashim said Abdul Rahman had been in service with the government for 28 years while his wife, a teacher, had been a government servant for 26 years.
He said the couple were not likely to abscond as they were well-respected in society. The couple has four children, three of whom were still studying.
Mohd Fadly said when the investigations began in August 2009, Abdul Rahman was the State Immigration ! Director and he was now the Assistant Head of the National Key Results Area (NKRA) under the Home Ministry.
He said Abdul Rahmans assets had been frozen since the investigations began, except for the account where his salary was paid.
MACC deputy public prosecutor Anthony Kevin Morais proposed bail at RM20,000 in view of the seriousness of the case. He added that Abdul Rahman and his wife were not in financial crisis as they continued to be employed since the start of the investigations.
Sessions judge Sitarun Nisa Abdul Aziz set bail at RM15,000 in one surety and fixed June 13 to June 16 for hearing.
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Read carefully the name of the prosecutor DPP Kevin Morais. Now read the facts carefully. Read what are the excessive assets that he is alleged to have accumulated just RM152,081. That works out to an excess of RM 5,428 per annum over a period of 28 years of his working life.
Since Rahmans wife is also a working woman for the past 26 years, the MACC should take into account Rahmans wifes emoluments and not just his. If you add both of the husband and wife working years, that would only be an excess of RM2,814 per annum (152,o81 divided by [28+26]). To indict a man for such miserable mathematical discrepancy and make it appear that he had excessive assets as a civil servant or public officer is to lose sight of what the Law on Anti-Corruption is about.
When the MACC also froze Rahmans assets and accounts, they are further hamstringing him by causing him even greater difficulty to defend himself- an unfair fight. Now transpose the facts of that case to the facts we know of the late Zakaria Md Deros, an ex-railway gatekeeper turned UMNO Kelang strongman, who built a grand mansion in a kampung area in Kelang. Transpose that to the case of Selangor ex-Mentri Besar, Khir Toyo, who charged his familys Dis! neyland trip as a State expense. Khir also built a Balinese Palace which no civil servant or public officer could have afforded.
If the MACC wants to talk about excessive wealth, why not go after these two (one of them is already dead, in case we forget)? Why have their assets not been seized or frozen? Why was Khir Toyo charged under Section 165 of the Penal Code that carries a maximum penalty of 2 years imprisonment whereas Rahman and others less fortunate are being charged for offences that carry a 20 years imprisonment punishment under the MACC Act?
Why was Khir Toyo charged under section 165 of the Penal Code that carries a maximum penalty of 2 years imprisonment whereas Rahman and others less fortunate are charged for offences that carry a 20 years imprisonment punishment under the MACC Act?
Now transpose the facts of Immigration Director Rahmans case to that of A-G Gani Patail who went to Haj with Shahidan Shafie, Tajudin Ramlis proxy. If Rahman is deemed to have excessive wealth for sum of RM 152,081 over 28 years of service, ask A-G Gani where did he get the money to spend on a haj package that cost RM66,000.00 per person. Since the A-G was accompanied by his Puan Sri wife and son, you would have to multiply that by 3. So, RM66,000.00 x 3 = RM198,000.
That amounts to a! lmost RM 200,0000 for a 20 day trip excluding pocket money that one would have to carry. For a public officer, that is a lot of money! If Rahman is deemed corrupt for accumulating RM152,081 over 28 years, how would you then consider A-G Gani Patail who blew RM198,000/- over 20 days?
If Rahman is deemed corrupted for accumulating RM152,081/- over 28 years, how would you then consider AG Gani Patail who blew RM198,000/- over 20 days for his Haj?
Victimisation of Lesser Mortals
Why are the lesser mortals in the civil service subjected to such draconian actions whereas those who wield power seem to enjoy different treatment. That is the crux of the whole matter. Mind you, we have not even start to ask politicians to explain their sudden found wealth with their rise to power. It is in this context that the public cries out against the foul play being orchestrated against Tan Sri Robert Phang as they have seen the brutal manner in which Dato Ramli Yusuff and Lawyer Rosli Dahlan were brought down. That, in the eyes of the Malaysian public, is sheer arrogance.
Phang is Back to Civil Society
Phang is now back to civil society from where he will be even more effective since he can advocate justice and the Rule of Law without the need to conform to any of MACCs rules of conduct. These rogues within and outside government have now made Phang more potent. That was ! what the y did to Raja Petra Kamarudin (RPK) when they forced him to be a fugitive. Instead of silencing RPK, they made RPK a bigger hero and his attacks against the government have since become more virulent.
UMNO Bloggers: Disservice to Prime Minister Najib
PM Najib and his think thank should really consider if these UMNO bloggers are doing UMNO a disservice. In Phangs case, by using the mainstream media and blogs to crucify him for speaking out for truth and justice, they are just about to make him a living martyr. Beware!
People Power
Remember history. People Power. When they crucified Jesus, he became the Christ and before long, the pagan Roman Empire became totally converted as the Holy Roman Empire. Remember the history of revolutions, of the peoples uprising. If UMNO leaders are unable to understand the French or the Cuban revolution, then remember the Islamic Revolution of Iran. How a frail old Ayatullah Khomeini, in exile in France, overthrew the powerful Shah of Iran. Closer to home, remember the Peoples Power of Philippines when housewife, Corazon Aquino, overthrew Ferdinand Marcos.
Take Heed of People Power
Take heed of current events what is happening in Tunisia (Ben Ali) and now Egypt (Hosni Mubarak). Beware when you oppress a man in the street (which Nazri Aziz used to describe Phang), there are many more such men who form the public and the masses who could rise to overthrow the government. Th! at is wh at happens when the instruments of government are seen as instruments of oppression. As a democracy, we must not let such chaos and anarchy to be the order of the day. So, if UMNO does not heed these signs, there could be a bigger political tsunami than GE 12.
If UMNO does not heed these signs, there could be a bigger political tsunami than GE 12.
Tajuddin Ramli: Is he immune from Prosecution?
The government must allow for dissenters like Robert Phang to show that the MACCs various Board and Panels are not just rubberstamps. What is so special that Tajuddin Ramli is totally immune from any investigation and action such that anyone who raises the MAS case, ends up being hounded and persecuted? Is the MAS case so sacred that no one can even peer into what went wrong there?
Why is Dato Seri Idris Jala so quiet about it now that he is a Minister whereas he was most vocal when he sought police action during the time he was MAS MD? Was it not because of Idris that DatoRamli Yusuff landed into disfavor for raising the MAS case with then PM Abdullah Badawi? Why all the cover-ups for Tajuddin? Is it because he is privy to many of UMNO or government secrets that he can hold them to ransom? Is that why he can now dictate the terms of a Global Settlement to the government and invoking the Courts sanction?
What is so special that Tajuddin Ramli seems to be totally immune from any investigation and action such that anyone who raises the MAS case, ends up being hounded and persecuted?
Phang is too aware of all these. Thus, by resigning, Phang is giving the MACC an opportunity to show its impartiality, integrity and transparency. Phang is giving the MACC an opportunity to clear him immediately, if the MACC is indeed independent of any influence from AG Gani Patail. Phang is leading by example. Phang is walking the talk. But while he is doing all that, what about A-G Gani Patail? Can A-G Gani be said to also be walking the talk? Has A-G Gani Patail shown any inkling of transparency and accountability? Or is A-G Gani Patail hiding behind his powers under Article 145 of the Federal Constitution to make himself immune from any investigations and prosecution?
Has A-G Gani Patail shown any inkling of transparency and accountability? Or is A-G Gani Patail hiding behind his powers under Article 145 of the Federal Constitution to make himself immune from any investigations and prosecution?Abu Kassim should investigate and clear Phang and then reinstate him
The ball is now before MACC Chief Commissioner Dato Seri Abu Kassim to seize this opportunity to clear Robert Phang as soon as! possibl e and then reinstate or request the Prime Minister to extend his term as an Adviser. That is not just for the sake of justice to Tan Sri Robert Phang but more importantly for the MACCs own credibility. Otherwise, the public will believe that all these talks of checks and balances are mere appearances- just for show. Otherwise, the public will indict all of the MACC including its various Board, Panels and Committees as just rubberstamps!
The public will indict all of the MACC including its various Board, Panels and Committees as just rubberstamps!
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