Being a lawyer, said Shakir Ameer, Azalina should have an understanding of the law. “Then Deputy Prime Minister Muhyiddin Yassin does not have to report an alleged criminal act if then Attorney-General Abdul Gani Patail and the authorities concerned were already aware of, investigating and building a case.”
He was going through several issues on the 11 points that Azalina had raised, beginning among others with a question on why the word proof was put in inverted commas in her statement.
Another question was how the then AG briefing the then Deputy Prime Minister, on an ongoing case, be an admission of a high-level conspiracy to topple the Prime Minister. “Why would it be wrong for a sitting AG to brief the Deputy Prime Minister?”
“Also, how was it unethical?”
Seeing that this was a high profile case involving the Prime Minister, the most powerful person in the government, it was well within the rights of the AG to brief the Deputy Prime Minister, the second most powerful person in the government, on the ongoing investigation as any decision made, including to prosecute the Prime Minister, would require some level of coordination, said Shakir Ameer. “It could have political, economical and social repercussions including crippling the government.”
“The proof or evidence of an alleged crime cannot be protected under the Official Secrets Act (OSA).”
Shakir Ameer wants to know how the then Deputy Prime Minister was in breach of the OSA. “He had yet to reveal any information or proof that was classified as an Official Secret. “Also, if we were to agree with Azalina’s claim of a conspiracy, we can also then infer that the removal of the AG, the sacking of the then Deputy Prime Minister, the transfer of the special branch officer, and the arrest, transfer and harassment of MACC officials, could all be construed as a conspiracy to save a guilty Prime Minister.”
He doesn’t think that the AG, Police, Bank Negara, and the Malaysian Anti Corruption Commission (MACC) have to call for a press conference and inform everyone, every time they want to launch an investigation. “There’s such a thing as Intelligence gathering and evidence gathering prior to an official investigation being launched.”
He pointed out that Najib had yet to sue the Wall Street Journal (WSJ) if the sensational allegations against him by the US newspaper were false. “If this is the standard around the world, there’s no need to have the Prevention of Terrorism Act 2015.”
“Is the charge sheet real or fake?”
The current AG and the IGP seem to believe that the leaked charge sheet was a fake, noted Shakir Ameer. “Anyone in their right mind would question the credibility of the current AG as his appointment to the position was made under very suspicious circumstances.”
“The AG does not have the power to stop an ongoing investigation.”
The Federal Constitution, he reminded, states that “The Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence…”
The key word here was proceedings, he argued. “While he may choose not to prosecute a person — if he can justify it — he doesn’t have the power to stop an investigation.”