Press Statement by Teresa Kok, Selangor State Senior Exco and Member of Parliament for Seputeh on 21st November 2009 at Kuala Lumpur
AG Gani Patail’s intention to appeal High Court ruling lacks common sense and common decency
It is appalling that Attorney General Gani-Patail wants to appeal the landmark ruling by the High Court that it is illegal for Malaysian Anti-Corruption Commission (MACC) to interrogate witnesses through the night, despite reports that the MACC will abide by the decision. (Source: http://thestar.com.my/news/story.asp?file=/2009/11/20/nation/5148865&sec=nation)
This ruling was made by Justice Mohamad Ariff on Tan Boon Hwa’s suit against the MACC for detaining him on 16 July 2009, and questioning him until the next morning.
Gani Patail’s determination to appeal shows a dire lack of common sense to know that “day-to-day” cannot possibly mean 24 hours after 24 hours ad infinitum. To question unceasingly without due consideration for a witness’ or even a suspect’s health and safety is torture and torture is an infringement upon human rights.
To add insult to injury, Gani Patail’s intention to appeal also indicates a lack of common decency to recognise that MACC’s overnight questioning of Tan Boon Hwa occurred on the same night as the late Teoh Beng Hock’s own overnight questioning until 3.45am the next morning. Teoh was then found dead on MACC premises in unexplained circumstances the next afternoon.
There is no evidence in which to exonerate MACC from the blame of the death of Teoh as even Thai pathologist Dr Pornthip Rojanasunand has already testified in court that she believes that there is only a 20% chance that he had committed suicide
As I write this, Teoh is being exhumed for a second post mortem in an attempt to establish the cause and circumstances which led to his sudden and unexpected death.
I urge Gani Patail to respect the court’s decision and not waste time appealing the ruling and instead focus his energy on prosecuting the true offenders of the law.
Attorney General’s pre-occupation with appealing such judgments leaves no doubt about his biasness. It also shows that he has much time in taking part in such appeals which could have been handled by his sub-ordinates, while leaving his sub-ordinates to lose cases where his expertise is much in need. If this is not partiality, I don’t know what is.
Teresa, dont waste time with this mutt. He is mad. He is FATIN.
The High Court’s decision has opened the MACC and the government to a host of law suits. The late Mr Teoh’s family will sue and so will many others. Thus, the AG has no option but to appeal.
Remind Gani Patail to personally select the Appeal judge, if not it will be very embarassing for him if he loses his appeal.
The AG does not even know the intepretation of the meaning of ‘day to day’ in the MACC Act. Most people hide their stupidity but this AG advertises his stupidity.
However he did not feel it is important to appeal the acquital of Abdul Razak Baginda on whoes insistances Atantuya was taken away from the front of his house and blown to bits. The AG deemed it right that some passerby be hanged for the C4 of atantuya.
This is the level of competence of our AG so what is new.
If “day to day” can include “day and night and day and night” then Malaysian England no need word for “night”.
Fairdinkum ,
we all know the task of AG very well as how they demonstrated themselves at the infamous DSAI trial.
Abolish the post because if pathetic patail is replaced
there will emerge another stooge from a specific clan .
This is the result of the Malaysia Boleh mentality when you select medicore monkeys for the job. Great job BN!
DON’T WASTE YOUR BREATH ON SUCH PEOPLE. IGNORE THEM
Both AG and MACC officers are just plain stupid with the Macc showing their unprofessionalism and irresponsibility with regard to the court’s ruling.
The court’s ruling is only limited to situations where witnesses are compelled to attend bf an Macc/Police officers for their statements to be recorded. All what the court say is this: if you compel a reluctant/unwilling witness to attend bf you by ordering him to do so under sect. 30(1) &(3) Macc Act, then you can only interview him during office hours.
There is nothing in the ruling which limit the duration of recording of statements if the witness is very cooperative and voluntarily come forward to have his statement recorded beyond office hours or during weekends or the witness himself requested and wishes that his statements be recorded after office hours or during weekends.
Macc ruling to his officers reflect their kindergarten and sulking attitude.
I think AG shud appeal. Cos his paid to do the job moron. All of us looks at one thing from different angle & perspective. From opposition side TBH was somehow murdered. From Government side he committed suicide or i shud say hara kiri…he..he..
In many western democracies, the AG is independent and to ensure that not only justice is being carried out but at least seen to be carried out.
His past involvement like Anwar Ibrahim’s first conviction, and then, Perak debacle, and the Altantuya’s case the AG is seen as a cohort for bringing mis justice to Malaysia. He is not fit to hold the office that one expects an AG to do so. Where is his independence?
Go on, keep behaving and doing what you have been doing. You have brought mockery to the office of AG and the country. No wonder, foreign investments are down. Remember, many foreign investors insist any arbitration must be done in Singapore NOT Malaysia because foreign investors do not trust Malaysian judiciary.
Simple when next General Election comes just topple the BN Government. Vote for Pakatan Alliance to be the next Government of this country.Give Pakatan Alliance the chance. It does mean they do not have the people to lead this country. May be they can do better then the BN people who are corruped lot.
I don’t want to support DAP blindly. It is also illogical to ask MACC just to work within office hours.
What do you expect the AG to do, when he is an employee of najib or better still an employee of UMNO just like the IGP
or the Chief Justice and the like of all the civil servants and the Malay Institutions ? You can’t prosecute your employer and find them guilty, either you do what UMNO wants or you WILL be removed and be without a job and also your employment term will no be renewed ! Simple as that !
These people can’t survive a day without their jobs, no body in the commercial world will employ them or will even have have for free for a single day.
The only way to get rid of these half cooks is to vote UMNO/BN out in the next GE !