Lim Guan Eng didn’t apologise to MACC, so it’s “legal action” time…

SAYS.COM

Dzulkifli was previously at the office of Attorney General Apandi Ali

  • There, he is believed to have played a role in helping clear PM Najib over the 1MDB scandal and RM2.6 billion case of the mysterious donations, Malaysiakini reported.

    In fact, Dzulkifli was sitting right next to the A-G when Apandi, in a press conference on 26 January, announced there were no grounds to file criminal charges against Najib.

 

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http://says.com/my/news/dzulkifli-ahmad-is-the-new-macc-chief-here-s-what-you-should-know-about-him

6 September 2017

‘Unconstitutional’ for MACC to take ‘legal action’ against Guan Eng, MP claims

KUALA LUMPUR, Sept 6 — Opposition lawmaker N. Surendran asserted today that the Malaysian Anti Corruption Commission (MACC) would be acting against the Federal Constitution if it were to proceed with its planned “legal action’ against Penang Chief Minister Lim Guan Eng.

The Padang Serai MP said that defamation actions are available to persons but not to public-funded bodies such as the MACC, adding that this is to ensure these institutions are transparent and accountable.

“Even though, in their statement the MACC says it respects the right of any quarter to criticise it, their action in this case, from a constitutional standpoint, is to effectively prohibit such criticism.

“The law on this point is quite clear. It is unconstitutional for the State or public bodies to prohibit criticism of their actions; doing so would be in breach of Article 10 of the Constitution,” he said in a statement.

Article 10 of the Constitution guarantees every citizen the right to free speech, assembly and association, subject to certain laws and restrictions that may be imposed by Parliament.
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Read more at http://www.themalaymailonline.com/malaysia/article/unconstitutional-for-macc-to-take-legal-action-against-guan-eng-mp-claims#WgovBFTtfUc7APib.99

MACC to take action against Lim Guan Eng, refers to Attorney-General

PUTRAJAYA: The Malaysian Anti-Corruption Commission (MACC) has decided to take action against Penang Chief Minister Lim Guan Eng who refused to apologise for making a statement which was allegedly slanderous in nature against the agency.

MACC, in a statement today, said it would refer its decision to Attorney-General Tan Sri Mohamed Apandi Ali for further action under the provisions of the law.

“The highest management of MACC has unanimously decided to take action against Lim,” said MACC.

On Aug 25, MACC gave Lim 48 hours to tender an open and unconditional apology to the commission or face legal action following his statement that the detention of Penang state executive councillor Phee Boon Poh by MACC was illegal.

http://www.thesundaily.my/news/2017/09/05/macc-take-action-against-lim-guan-eng-refers-attorney-general?utm_content=bufferc6956&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer

28 August 2017

Kit Siang’s advice to the MACC chief

Lim Kit Siang     Published 27 Aug 2017, 9:48 pm

MP SPEAKS | MACC chief Dzulkifli Ahmad has been in the eye of the storm in the last three days since issuing a very public ultimatum to Penang Chief Minister Lim Guan Eng, that he will face civil or criminal action if he refuses to make an open apology within 48 hours for his comments on the detention of Penang exco member Phee Boon Poh.

This is the first time in the 60-year Malaysian history where the head of a national agency had issued a public ultimatum to a chief minister, menteri besar or a cabinet minister that he should apologise within 48 or face civil or criminal action.

Clearly, Dzulkifli wants to act as prosecutor, jury and judge all at the same time.
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In actual fact, Dzulkifli’s public ultimatum to Guan Eng casts doubt on the independence, impartiality and professionalism of the MACC, as it raises the question whether the MACC is hand-in-glove with the prime minister or the top government leadership to persecute or discriminate against the Pakatan Harapan opposition while trying to give the impression of independence of action to fight corruption so long as it does not touch the Prime Minister Najib Abdul Razak, the international multi-billion dollar 1MDB money-laundering scandal or Malaysia’s new-found infamy and ignominy of being regarded worldwide as a global kleptocracy.

I advise Dzukifli to learn from Rahim Noor’s lesson and not to fall victim to hubris or “Power corrupts and absolute power corrupts absolutely” complex.

Yesterday, former inspector-general of police Rahim Noor said he had paid his dues with jail time and a fine over Anwar Ibrahim’s black eye 18 years ago.

He said there was no need for PAS leaders to raise the matter of Anwar’s black eye as the incident was long past.

I agree that Rahim Noor had paid his dues on Anwar’s black eye with jail time and a fine, as well as an ignominious end of his distinguished public service career as IGP, and it is rather churlish for anyone to raise the issue just to shut Rahim up when he spoke on matters of national import.

But the rise and fall of Rahim Noor should be a lesson for all public officers, who rose to the peak of their public careers.
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Lord Acton’s axiom that “power tends to corrupt and absolute power tends to corrupt absolutely” must be a constant watchword for all top public officers if they are not to make the Rahim Noor mistake resulting in abuse and misuse of temporary power.

Dzukifli would profit on reflecting on Lord Acton’s axiom in the case of his public ultimatum to Guan Eng as he seems to be making the mistakes which fell Rahim Noor.

In this connection, Dzulkifli knows that the greatest Achilles’ heel of MACC under his stewardship is the MACC’s failure to rise up to the challenge posed by the 1MDB scandal.

In January 2016, the new attorney-general Mohamed Apandi Ali cleared Najib of any criminal wrongdoing in the case involving a “donation” from the Middle East, as well as that involving SRC International and said that the US$681 million in Najib’s personal bank accounts were a “personal donation from the Saudi royal family which was given to him without any consideration”.

Dzukifli was Apandi’s right-hand man at the attorney-general press conference clearing Najib.

Six months later, the US Department of Justice (DOJ) filed kleptocratic civil suits, which finally resulted in a 251-page litigation for the forfeiture of US$1.7 billion 1MDB-linked assets in the United States, United Kingdom and Switzerland from the US$4.5 billion 1MDB money laundering and embezzlement.
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But such re-opening of investigation in the light of compelling new evidence over Najib’s RM2.6 billion donation and 1MDB scandal was not done whether by the attorney-general or the MACC.

Can Dzulfifli explain the reason for such inaction?


LIM KIT SIANG is the DAP parliamentary leader and Gelang Patah MP.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

https://www.malaysiakini.com/news/393380

27 August 2017

MACC’s threat of legal action on Guan Eng an unhealthy development

August 27, 2017

The Padang Serai MP says public bodies in a democratic country must never threaten legal action for criticisms in relation to their actions as it is the right of citizens to do so.
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PETALING JAYA: Padang Serai MP N Surendran has described the Malaysian Anti-Corruption Commission’s (MACC) demand on Lim Guan Eng to apologise for calling its detention of a Penang state executive councillor “illegal”, as an unhealthy development in Malaysia.

He said the MACC and its chief commissioner Dzulkifli Ahmad also had no legal basis to undertake legal action, whether civil or criminal, against the chief minister.

“Dzulkifli should bear in mind that in a democracy, taxpayer funded bodies such as the MACC cannot bring an action for defamation against the public for any kind of criticism,” he said.

“It is both legally and morally wrong to do so, and it prevents transparency and accountability of public bodies,” he added.

“This seeming intolerance to criticism by an important public enforcement body is an unhealthy and disturbing development in our country,” he said.
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Surendran said Section 499 of the Penal Code provides that any opinion in good faith on the “conduct of a public servant in the discharge of public functions” does not amount to defamation.

It also provides that any such opinion shall be presumed to be in good faith, he added.

“The Penal Code thus specifically recognises that criticism of public servants or bodies is legitimate, and protects such criticism,” he said.

“This is also consistent with Article 10(1)(a) of the Federal Constitution which guarantees freedom of speech,” he added.

http://www.freemalaysiatoday.com/category/nation/2017/08/27/maccs-threat-of-legal-action-on-guan-eng-an-unhealthy-development/

26 August 2017

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MACC to : Apologise within 48 hours for calling state exco’s arrest an illegal detention or face legal action.

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Ramkarpal defends Guan Eng’s remarks against MACC
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The MACC made an ill-advised move when it issued an ultimatum for an apology from Penang Chief Minister Lim Guan Eng, said Bukit Gelugor DAP MP Ramkarpal Singh.

This was in relation to remarks Lim had made about the MACC’s detention of Penang exco member Phee Boon Poh.

Ramkarpal said Lim’s allegedly offensive remarks were justified.

“In this regard, it must be noted that judicial commissioner Abdul Wahab Mohamed, in setting aside the five-day remand order issued against Phee and two others on Aug 12, effectively ruled that the detention of the said trio based on the said detention order was illegal since the said detention was based on an invalid order.

“Since the trio were detained based on an invalid order, the effect of the learned judicial commissioner’s decision was that they were indeed detained illegally by the MACC 24 hours after their arrest.

“In the circumstances, there can be no doubt that the CM was justified in describing the said detention as illegal,” Ramkarpal said in a statement today.

The lawyer added that Lim did not say the arrest was illegal, only their detention.

The MACC yesterday said Lim’s remarks about Phee’s ”illegal detainment by the MACC” were malicious slander, and demanded the chief minister apologise within 48 hours, or have action taken against him.

https://www.malaysiakini.com/news/393308

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Legal action can be taken if Guan Eng refuses to apologise, says MACC
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Penang Chief Minister Lim Guan Eng will face civil or criminal action if he refuses to make an open apology within the stipulated period, MACC chief commissioner Dzulkifli Ahmad said.

He was speaking in response to Lim’s statement that the arrest of state executive councillor Phee Boon Poh was an “illegal arrest”.

So far, the MACC had not received an apology from Lim, he said.

“We had asked Guan Eng to retract his statement and make an open apology within a stipulated period. If he does not do that, then we have to look at what action can be taken, whether civil or criminal,” he told reporters after attending the MACC Visit Programme series 3 at Sekolah Menengah Triang Hilir, Simpang Durian in Jelebu today.

In a statement yesterday, the MACC stressed that Guan Eng must make an open, unconditional apology to the MACC within 48 hours from the time the statement was issued or legal action will be taken against him.

The commission regarded Guan Eng’s statement on Phee’s “illegal arrest” as defamatory and that it meant to smear the good name of the MACC.

Bernama

 

https://www.malaysiakini.com/news/393311

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