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Rafizi’s lawyer, R. Sivarasa, when submitting for his client in court here, agreed that while a person’s banking information should remain confidential under the Banking and Financial Institutions Act (BAFIA), the protection does not come without exceptions.
“[Admittedly], an individual’s banking information is secret. But if this person faces charges of criminal breach of trust (CBT) or a crime, this right to secrecy is immediately taken away,” he told High Court Judge Datuk Ghazali Cha.
Rafizi, PKR’s strategy director, was charged under Section 97(1) of the BAFIA, for allegedly disclosing four customer account profiles detailing the balance summary for National Feedlot Corporation (NFCorp), the National Meat and Livestock Sdn Bhd, Agroscience and Industries Sdn Bhd, and NFCorp chairman Datuk Seri Mohamad Salleh Ismail, to two individuals identified as Yusuf Abdul Alim and Erle Martin Carvalho.
Under Section 103(1)(a) of the same law, he may be fined a maximum of RM3 million and jailed up to three years if found guilty, which could seriously hobble Rafizi’s chances of standing as a candidate in the 13th general election that must be held by April next year when the ruling Barisan Nasional (BN) coalition’s mandate expires.
Former Public Bank clerk Johari Mohamad was also charged on August 1 with abetting Rafizi in disclosing the account profiles for the same four customers, under Section 112(1)(a) of the BAFIA, read together with Section 91(1) of the same law that deals with confidential banking information.
He faces the same sentence as Rafizi if convicted.
But when arguing for Rafizi today, Sivarasa reasoned with the court that the former had only exposed the information for the sake of public good.
He insisted that the NFC exposés, which has stayed in the media’s spotlight for about a year now, were a part of the PKR leader’s responsibility to Malaysians.
“Furthermore, the complaint using BAFIA was not made by Bank Negara Malaysia (BNM) or Public Bank but by the individual himself (Mohamad Salleh), who is currently facing criminal charges in court,” Sivarasa pointed out.
He told the court that his checks with BNM have found that no one has ever been charged with exposing banking information since the BAFIA was enacted in 1989.
This, added the lawyer and Subang MP, was proof that the charges against Rafizi were merely selective prosecution.
Sivarasa also suggested to the court that Rafizi’s actions be recognised and appreciated as a good deed, instead of one that warrants charges under the BAFIA.
He said the NFC exposés had shown blatant abuse of public monies, adding that if the revelations were made abroad, Rafizi would have been revered as a hero as his work had successfully seen Mohamad Salleh hauled to court.
“But instead, he gets charged. If this continues, what would the people’s perception be in the future,” he said. + [ November 19, 2012 | Md Izwan, TMI ]
What could you do with RM207 billions? I could do a lot with just RM40 millions, thank you. Probably win the next GE13 for Sabah. That amount could pay for 12 months of the Government of Malaysia's expenditure. The figure of RM251 for Budget 2013 would probably has lots of padding for BN's nonsense and waste.
Would you steal from the Rakyat, dead or living? Some 30,000 were enslaved by the Japs in World War II and that money of RM207 billions was some means of assuaging their conscience and ours. But, Malaysian government ministers and public servants with their grubby crooked fingers have made the money vanished. It left some traces of its disappearance and a Pakatan member of Parliament is demanding answers!
Harakahdaily | October 22, 2012
KUALA LUMPUR: The BN government is called upon to explain where the money worth RM207 billion that was given by the Japanese government as compensation to 30,000 forced laborers railway construction from 1942 to 1946 has gone to.
Until now it has not been rightfully handed over to the victims or their heirs although it was received 10 years ago.
Member of Parliament for Bukit Gantang, Datuk Seri Mohamed Nizar Jamaluddin told the House of Representatives, he has documents confirming its receipt by the Government
Shocked he said, on December 13, 2004, the Central Bank issued banker's checks worth RM107 billion and RM100 billion allocated in the form of registered shares of Maybank on 13 December 2004.
This is further evidence that the RM207 billion compensation money for 30,000 victims of forced labor was duly received by the government prior to December 13, 2004 again about 10 years ago.
But until now, the money is not given to the victims or their heirs.
The letter had been sent to the Prime Minister, Datuk Seri Najib Razak on July 27, 2011 demanding due payment of the money.
"A total of 30.000 Malaysians were involved in the construction of the railway, 60% of whom were Malays, 20% Indians and 15% Chinese. The remaining 5% were of other races. "
According to Nizar, the Prime Minister's Office upon receipt of the letter handed a copy for submission to the Ministry of Human Resources there Aug. 9, 2011.
He also understands that all parties in the government, including the Department of the Attorney General has agreed that the money should be transmitted to the 30,000 victims or their heirs.
"I wish to state here that if the matter was presented and approved by the Cabinet, then why it should be kept by the Treasury or Finance Treasurer for so long?" Nizar questioned in his speech in Parliament.
He said some of those involved have died, but their heirs are still there.
"The father of Tan Sri Datuk Zulkefli Ahmad Makinudin, Chief Judge of Malaya today was one of those who were mobilized by the Japanese government at the time to build the railways. And he is still alive."
"He is still in Ipoh and can describe how terrible it was for the 30.000 Malaysians," Nizar told Parliament.
Nizar added, "If compensation has been duly made, why is the government still keeping silent over the matter?"
For him, this is a solemn duty of trust, breached by namely the Ministry of Finance, Bank Negara, Ministry of Human Resources despite the clear instructions from the Prime Minister's Office that the Cabinet approve its disbursement.
"So I want an affirmation that there is an appeal from the association. They have asked that compensation be rightfully given. Why has it been denied?" he demanded.
He added that the governments of the Philippines, Indonesia and Vietnam had also received similar compensation and which were dutifully paid out to the rightful receipients.
TRANSLATED FROM Harakahdaily
KUALA LUMPUR, Aug 8 ― The police must investigate Tan Sri Abdul Gani Patail for power abuse in light of a new book accusing the Attorney-General of being a fraud, a cheat and a criminal, and show the same diligence with which they probed a sensational 1998 book on why Datuk Seri Anwar Ibrahim could not be prime minister, a former senior policeman said today.
Retired criminal investigation chief Datuk Mat Zain Ibrahim told Inspector-General of Police (IGP) Tan Sri Ismail Omar that the men in blue must probe the government’s top lawyer due to the increasing public pressure and scrutiny, which he suggested could irrevocably damage public trust in government institutions.
“We have seen and are fed up of trickery and Gani Patail’s lies in handling the RCI’s on the black-eye incident, VK Lingam, and most clearly in the Teoh Beng Hock RCI,” he said in an open letter to the IGP.
Abdul Gani, who has extensive authority over the country’s legal affairs, has been repeatedly accused of fabricating evidence in the 1999 sodomy and corruption trial of Anwar, a deputy prime minister-turned-opposition leader, by Mat Zain whose open letters to the authorities were among the sources of Zainal Abidin Ahmad’s book.
Mat Zain had written to the IGP following the recent publication of a book titled “Tan Sri Abdul Gani Patail: Pemalsu, Penipu, Penjenayah? (Tan Sri Abdul Gani Patail: Fraud, Cheat, Criminal?)” written by Zainal.
He noted that a leading public figure, businessman Tan Sri Robert Phang who was also a former advisor to the Malaysian Anti-Corruption Commission, had filed a police report against Abdul Gani two days ago, based on the contents of the book.
“I got to know that several people who have scrutinised Zainal’s book on Gani Patail, hope the police will investigate the contents as the police diligently investigated the book ‘50 Dalil’ related to Anwar Ibrahim,”
The ex-police officer was referring to a controversial 1998 book, “50 Reasons Why Anwar Cannot Become Prime Minister” written by Khalid Jafri, an ex-editor of the Umno-owned newspaper Utusan Malaysia, which alleged that the then-deputy PM was gay in a Muslim-dominated country that criminalises sodomy.
Today, Mat Zain said Abdul Gani’s high-ranking position as the public prosecutor did not indemnify his past actions or make him immune to prosecution as all citizens are equal before the law.
He highlighted as an example minister Datuk Seri Nazri Aziz’s reply to Parliament on March 30 last year that the A-G does not have the power to “indemnify” anyone from crime based on political considerations.
Mat Zain added that the author could not prove his allegations about Abdul Gani’s wrongdoings on his own.
“However, I can, I am willing and ready to prove the allegations against Gani Patail and Musa Hassan, especially related to the forgery and cheating in the black eye incident that is still being debated to today,” the ex-CID chief said in the letter.
He was referring to the 13-year-long scandal alleging both the A-G and then-IGP Tan Sri Musa Hassan, of fabricating evidence to cover up Anwar’s bruised face after being beaten up while under police custody.
Mat Zain said there were many outstanding questions that Abdul Gani and the authorities have yet to answer.
He said Nazri, a minister in the Prime Minister’s Department and the de facto law minister, has pledged to look into the mystery of RM40 million worth of assets belonging to former Malacca chief minister Tan Sri Rahim Thamby Chik (RTC), that had been acknowledged previously by Abdul Gani and anti-graft officials.
“If it has been returned to RTC, what is the Attorney-General’s power to do so when the assets were confirmed obtained by corruption and power abuse?” Mat Zain asked.
The ex-policeman appeared to suggest ....Read the rest ...
Like most things in Malaysia, as with the ignoble Twin Towers, Parliament is a show joint. Bung Mukhtar, that Sabah MP, was one of them who started it all, under the slitty eyes of the Speaker from Sabah, a Panglima or Pendikar something with a broken Kris.
It's quite amusing. Mohd Aziz MP had made a call, loud and clear, for Bersih leader to be hanged for treason - all for commiting the act of wanting free and fair elections. You could guess what happened or will happen next.
Parliament is broken and in a mess ... about time we have a General Election ... and soon. But for Goodness sake, not during Haj season lah!
But Hell, it might just come...sooner than later!
# If you like Hangman ...you could try this ..www.hangman.no
PS: Not all submarines are bad. How about this one?
OCCUPY Dataran Mereka had begun in the dissatisfaction of students who felt and still very strongly on how higher education has been funded. If loan interests and repayment were not enough headaches there's the growing unemployment with official suspect figures that have compounded the problem. In addition there's pervasive rationalization of ethnic policies declared to aid the purported disenfranchised plus other measures in repressive manner and intent in colleges and universities regulated by Law but which now have been repealed.
Why aren't students overjoyed if the Laws have been repealed? Well, the bigger part of the problems is in finances and unemployment, primarily because of they're very related issues. If they're lucky to get a job, mobility and transport will eat away what little is left for debt payments. Unemployed students won't gripe if mounting housedhold debts do not add to the situation.
The students and their griping have now discerned greater spaces that are really fingerpointing the ills of the country : bad governance, authoritaranism, corruption and unaccountability. And the media, despite the Internet is closely fingered by the government. So much so Zunar still could not predict winners of the World Cup.
Wouldn't they have that sense there's no reasonable control on their lives? Children, parents, the households and the City of Kuala Lumpur are feeling it all. Don't forget the country.
Lives are determined by circumstances where people have no meaningful participation and contribution in finding solutions. It's somebody else's decision and interests. The Malaysian Government is occupying citizens' lives ...and mind, considering the fruitless religious controversies and highhanded actions of Johore Education Officers and public servants in abusing public goods and services.
On 28 April 2012 all these will come to a fruition when independence spaces of students and citizens will be filled with an expression to invite one and all to participate and rehash what was once not theirs to even consider. It will be an occasion for everyone, the Government of the day included, to find a new will to clear major obstacles in the path to real independence ... at Dataran Meredeka or Independence Square...or Freedom Square
Why should there be trouble on 28 April? There should be excitement; which would make citizens more productive and innovative.
Those have been declared by the BN government to the world. Am not sure if the people of Lubok Antu near the border of Indonesia heard it. You shouldn't underestimate the Government. They too have vision and want progress advancement and a great itch to lead the world into rapprochement and clear the path for the declared Gobal Middle Ground.
We could have all that if they would look into Bersih 3.0's grouses! Again!
For Saturday 28 April citizens can understand what past fears were and beyond that there'll be appreciation and understanding and hence on to some new will and "OCCUPY" Malaysia if in greater democracy higher hopes can fly.
“ It seems like the organisers for the July 9 rally are perhaps desperate, and they think this is their time to shake up the peace, create commotion and seize power. People who are sane, have families, educated, who have businesses and have other interests, should rise against this evil and unlawful rally.
It just beats governance that this has slipped through or been slept through. It might be good for our economy as these can be manufactured in Old Klang Road for RM27.5m but really costing RM0.900 m. The gross markup will boost our GDP and our deficit to 15%. We'll beat Greece yet! Perhaps, we'll beat genuine analysts' rosy predictions by proving them wrong. We'll still beat someone, anyway. Perhaps those combat bunnies are real patriots.Where's the beef? Cut the fat and the grease, Mr PM. Even if the BN loses in the next general elections!
No matter, PR will just shoe you out!
