Tuesday, 8 July 2008

AG- The Institution over the Individual? Here?

THE Anti-Corruption Agency (ACA)'s probe into allegations against Inspector-General of Police (IGP) Tan Sri Musa Hassan and Attorney-General (A-G) Tan Sri Abdul Gani Patail for abuse of power will be conducted with integrity although there may be conflicts of interest. ....
He said there are two aspects to the A-G, namely the A-G as an individual, and the A-G as an institution which comprises other officials such as the deputy A-G or the solicitor-general.
"The decision whether to prosecute or not will not be decided by the A-G as an individual but will be made by the A-G as an institution. And, because of conflict of interests, surely he (A-G) will not take part.

- The Sun

The 'erudite' YB Nazri said, "Justice must be seen to be done..... "
"...probe into allegations.... will be conducted with integrity although there may be conflicts of interest."
"The decision whether to prosecute or not .... will be made by the A-G as an institution."

That's so "deep", Nazri!
I'm so impressed with such "integrity" in our high offices!
Pardon me, but as a layman, I fail to understand the workings (separation of powers) of the Individual and the Institution here - ....... never knew such separation of powers existed or is even possible within the AG's Chambers!
I didn't know that the AG's office could be rendered into somewhat like that of a rubber-stamp office of an institution.

Keeping an individual who is subject of a "probe" at the helm, may be detrimental to the image of the institution itself ..... that is why you have a vetting process prior to one's appointment.
It was my belief that it was the moral duty of those holding high office to vacate the seat of power, to facilitate investigation/ probe.
It would otherwise be an insult to him and the office he holds.

Of course - one is innocent until proven guilty (except in 'certain cases', where one is pronounced guilty when "he failed to prove his innocence" - but that a different story which obviously doesn't apply here.)

Of course it is technically possible to have the man in office and still have an impartial inquiry, but is this possible in practise .... what more, with the "much-envied" credibility of the current administration!

How does the Institution of the AG, now bypass the authority of the individual at the helm, when he has not been relieved of his duties?
Does that not mean that the AG cannot be privy to information - and as such "powerless" in his own home?

Due to the admitted potential for "conflict of interest", shouldn't the subject of inquiry (the individual) by right be relieved of his duties (by the Institution), until the results of the inquiry are known.
By not doing so, doesn't it discredit the "Institution" and inquiry itself?

Since "justice must be seen to be done", wouldn't it be better to at least have an acting-Chief, until the subject of the investigation is cleared?
As in the past, YB Nazri surely does a poor job at articulating his ideas on legal matters.
Senator Zaid - I think it is time you shed some light (or spin) on this matter ....

Or are we waiting for another SD to surface, to futher discredit what little's left?


  1. a wild ride by Nazri indeed. Justice should indeed be SEEN to be done, so the AG should disqualify himself from matters related to his alleged involvement. After all, if the AG's office comprises more than just the AG, then it shouldn't be a prob at all, his absence, right?

  2. The AG should go on leave while investigation and decision to prosecute or not is in process.

  3. The rule of law applied in Malaysia is meant to safeguard the politicians especially UMNO leaders only. Integrity, transparency and justice are words that are aliens to our system. It doesn't matter whether one is accused of murder, rape or corruption. As long as he is an UMNO leader he automatically qualifies for immunity against any legal prosecution.

    As far I could remember the only Malaysian politician who admitted his act to voluntarily resign is Chua Soi Lek. We can't expect that from UMNO ministers especially Najib who could go to any length for power.

  4. well! have we forgotten the edits of the two sets of laws pasted on the the walls in this Country ??
    we have a bunch of imbeciles running the PDRM and the AG's chambers.

    The world refers to us as a bunch of upstarts.---- with Nazri's loose discharges , Albar's blatant slips of vocab, Paklah's demented drools , and the AG chasing shadows in the dark .

    In maths we call it the infinite ZERO all over(Upstairs and downstairs) !!!!!!!! should i say more .
    I have to hide my identity as a Malaysian when overseas !!!!

  5. when other govt servants are under investigation they are suspended at half pay. Why the different rules for these two? CUEPACS must protest...

  6. It is highly improbable that staff in the AG 'as an institution' will challenge the AG while he remains in office. It is like asking a remuneration committee headed by the CEO to decide on how much salary to pay the CEO. The government should instead send the AG off on gardening leave and appoint a special investigtor e.g a retired senior judge who is deemed apolitical and independent minded to investigate this allegation. The rakyat at large would then see this investigation as an important step towards restoring much needed faith and trust in the judicial system during this turbulent political period.

  7. Umm...what integrity are we talking about?? If our ministers have any sense of integrity to begin with the country would not be in such a predicament and the laughing stock of the world! Furthermore, this is a case of monkey see monkey do. DPM is being alleged for being involved in the Altantunya case and if DPM is a clearly innocence as he claims and a man of true integrity he would temporarily step aside for the investigation to be completed to prove his innocence. Since the DPM claims that he is innocence (while do not show any proof of the same) and has no respect/regards for the high office, persisting to stay in office, the AG will obviously do the same. Monkey see monkey do.


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