When caught for graft, say the magic word ‘donation’
YOURSAY | ‘It appears that foreign powers can now decide the fate of our elections.’
'No court can overturn decision to clear Najib'
Vijay47:
The first thing to remember is that the
Guardian
quotation - "No court can overturn the decision to clear Najib" - is a statement from a Najib source, who can hardly be expected to be devoid of bias; it was not a conclusion drawn by a member of the House of Lords or other fonts of judicial wisdom.
The AG's authority is provided by the federal constitution's Article 145(3) which holds that "the AG shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence".
The operative term here is "at his discretion", not "at his whims and fancies". What then is "discretion"? It is "the power or right to make official decisions using reason and judgement to choose from among acceptable alternatives".
In other words, not absolute but a decision based on the surrounding facts and circumstances, that could be expected of an impartial and reasonable man.
Is Mohamed Apandi Ali one? Since he is not, who will bell the cat?
Anticonmen: Indeed, the AG's powers are only discretionary and not absolute. His decisions can be challenged and reversed by a court of law.
The constitution is clear on this. There is no finality on the decisions of an AG, who is only a government servant.
Existential Turd: Yes, the AG is not a judge. His decision not to press charges is not the same as a judge declaring that the defendant is innocent.
The AG's decision is not on par with the decision of a judge in adjudicating a case. In this case, Najib was never brought before a judge, so as far as judicial process goes, he was never cleared of any wrongdoings.
Anonymous #03815719: If only PM Najib Razak would have opened his mouth from the beginning that the RM2.6 billion was a donation from the late Saudi King Abdullah Abdulaziz Al Saud - and that he has returned the money to the royal family - it would have saved public money spent on investigating the matter.
One can only wonder why Najib did not do so. Is there any provision that requires the AG to put in writing of his decision not to prosecute Najib , and make it public?
Homesick: This Guardian “source” is talking a lot of nonsense. Firstly, the PM was not charged, so how can a court overturn the decision?
Secondly, change what constitution? Our constitution is fine as it is. It’s the government that needs changing.
Once the ruling Umno-BN is voted out, I have no doubt that this case will be reopened and the PM and all his accomplices will be charged accordingly.
Uragt: Unfortunately, only a new AG, appointed by a non-Umno government, can start new proceedings on this case.
Court urged to use RM2.6b donation as grounds for acquittal
Anonymous #21828131: Total chaos is coming soon. It appears that local political parties can now put out feelers to friendly organisations/countries to help finance their election campaign for GE14.
Nothing wrong with that, I suppose. After all, the PM has endorsed it and practised it, and was fully supported by the DPM and almost all the cabinet ministers.
It appears that foreign powers can now decide the fate of our elections. We can thank our wonderful AG for that.
Rupert16: Good one, lawyer Manjeet Singh Dhillon. Next time anyone is caught for CBT (criminal breach of trust) or for accepting kickbacks, the magic words to use so that the authorities cannot touch you would be “it is a donation” and “I did not use it for personal gain”.
Legit: Indeed, any civil servants or politicians taking bribes from now on can call it "donation".
It can be used by the bribe taker either fully or partly, and can be returned to the giver as well if anybody finds out.
All are within the law and no offence is committed. Everybody can live happily ever after.
The Mask: Well, Apandi, you started it all.
By the way, I just discovered that some money has been deposited into my bank account. The bank officer could not immediately explain the source of my windfall.
So I am keeping it as I have no idea who had deposited the money. I am not joking, though it’s a paltry sum compared to Najib’s RM2.6 billion.
I suppose if Najib is not guilty, so likewise, me too. No crime has been committed, right?
Anonymous 2386811451546676: Najib has already explained that the RM2.6 billion is a political donation. And it is touching for the PM to return more than half of the donation which was not utilised.
Bornean: Najib has used some of the donation whereas former political aide Mohd Yahya Mat Sahri did not use a single sen, so Anonymous 2386811451546676 isn’t this more touching?
Rick Teo: Yes, Mohd Yahya is not guilty by virtue of precedent. Surely there cannot be two applicable laws. What is good for the goose is also good for the gander.
Lone_Star: This case should be sent back to the AG’s Chambers for Apandi to re-examine with his eagle's eyes.
He will definitely come to the same conclusions using similar personal standards.
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