Former prime Minister Najib Razak’s and former treasury secretary Mohd Irwan Serigar Abdullah’s DNAA brings suspicions about AGC integrity
On 27 November 2024, former Prime Minister Najib Razak and former Treasury Secretary-General Mohd Irwan Serigar Abdullah were granted a discharge not amounting to an acquittal (DNAA) for six criminal breach of trust (CBT) charges involving the misuse of RM6.6 billion in government funds. The High Court granted the DNAA after the prosecution failed to hand over several classified documents required to prepare a defence.
Najib Razak and Irwan Serigar were first charged before the Kuala Lumpur Sessions Court on 25 October 2018, Tommy Thomas, who was attorney general at the time. The case was then transferred to the High Court two months later.
The case has been dragging on through the courts for six years. The prosecution had failed to deliver to the defence a number of documents through the discovery process.
This brings up two possibilities. Either the officers within the Attorney General’s Chabers (AGC) are incompetent to carry out their duties diligently and professionally, or the law has been subverted through shoddy legal work undertaken by the AGC officers.
Whichever possibility is correct raises concerns either way. If employees within the ABC are incompetent, then the current Attorney General and past two office holders before him have not fulfilled their duties competently, allowing sub-standard and work within their chambers. They should be censured for this dereliction of duty.
The second alternative is more concerning. Work on the Najib-Irwan case had been purposely neglected so as to influence the result of the case. In other words, the case was ‘thrown’.
This is a purposeful perversion of the course of justice. The question is here is Who ordered this to be done?
This is not the first time this has occurred. This has occurred with VVIP cases including Ahmad Zahid Hamidi, Najib Razak and Arul Kanda, and Lim Guan Eng.
It now looks like those in power control the justice system through the AGC. This highlights the partisan legal system in Malaysia. Malaysia is becoming a Banana Republic very quickly.
If this case is the result of incompetence, there should be an immediate inquiry into the competence of the AGC. Heads should roll.
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Anwar will b remembered as Bapak DNAA
“The Constitution … is a mere thing of wax in the hands of the judiciary which they may twist and shape into any form they please.”
- Thomas Jefferson, letter to Judge Spencer Roane, September 6, 1819.
“The great object of my fear is the federal judiciary. That body, like gravity, ever acting, with noiseless foot and unalarming advance, gaining ground step by step and holding what it gains, is engulfing insidiously the special governments into the jaws of that which feeds them.”
- Thomas Jefferson, letter to Judge Spencer Roane, Mar 9, 1821.
“The opinion which gives to the judges the right to decide what laws are constitutional and what not, not only for themselves, in their own sphere of action, but for the legislature and executive also in their spheres, would make the judiciary a despotic branch.”
- Thomas Jefferson, letter to Abigail Adams, September 11, 1804.
Each of the above quotes are from one of America's founding fathers, Thomas Jefferson. It embodies fears he held then for the institutions of government which fears continue to haunt us to this day. The very institutions we consider to be sacrosanct and unquestionable in their actions and decisions.
Jeffersons thoughts as expressed above and elsewhere (The Federalist Papers) deals with of the frailty of judges in our "democratic" and "independent" courts. Judges are mere humans given to the human weaknesses and biases of humans, fed and controlled by more powerful institutions led by other humans, all of them subject to unseen forces and all controlled by mere but poerful mortals.
DS Najib's biggest enemies were not just from the United States of America, that bastion and champion of "democracy" and "the rule of law". Democracy and the Rule of law are but two of the most ovused legal and poltical concepts in this context, recognized more often in their breach in Malaysia and the USA rather than for its observance.
Tommy Thomas was a big fish in a small pond when he practiced law in Malaysia. He practised in a country where privilege, social pedigree, connections determine ones legal abilities and reputation.
He once briefly, embarked on an ambitious albeit failed attempt to Canada to show off his acquired legal skills and prowess and to engage in practice as a lawyer. Thomas demonstrated there as he did in Malaysia that he was nothing more than the mere holder of a law degree.
He was connected to many social and political elites in and out of government. He was connected to those whose "prowess" in the law lay in like his in the copious regurgiation of quotes of eminent jurists from abroad (not all from precedents), by passing these off without citation and acknowledgement to its authors as if they were his own. Not different to the works of Lord President Raja Azlan Shah.
Thomas though is no different to 90% of Malaysia's so called other prominet lawyers. Prominent for only their deception, dishonesty, dishonorable conduct all protected by their social pedigree.
Thomas failed to meet even the most basic criteria of drafting simple statements of claim and letters of correspondence expected of the "very senior lawyer" he presented himself to his Canadian employers.
The law firm that engaged him was below the status of a mid tier firm and his job was in insurance claims. Even at that level he failed to impress his local employer in Canada where substance sans the hype was concerned.
On his return Malaysia Thomas obtained tesitmonials from his brother in law, a Canadian Broadcasting Corporation documentary journalist in order to embellish his forlon credentials and capabilities as a lawyer in Canada.
Thomas had the ear and the bottomless overlowing purse and powers of persuassion of Regime Change (Read Ambiga Srinivasan- Marina Mahathir- The Malaysian Bar and Anwar Ibrahims supporters) a handful of former judges of the Malaysian courts, all of who were being fed from the Regime Change purses.
The sources of funding and powers were the CIA funded NED (National Endowment for Democracy), a matter publicly corroborated and admitted to by the NED's recently appointed chief.
Najib Razak's worst enemies came from within. His wife Rosma and her hangers on who were busily and carelessley feeding confidential information on private discussions within the Najib Razak household to people outside in social circles who were not entitled to such information.
DS Najib is known to have appealed to Rosmah's good senses asking her to cease divulging confidential information outside of the family and household but he failed to put an end to that practice.
The gossip and confidential information was recorded during public social functions by some attendees at the Girl Guides gatherings, Wanita UMNO and other social interest gatherings, unbeknownst to the leaker. Her conversations we taped on smart phones and inevitably passed on to the enemy camp.
As a consequence at least 4 of Rosma's mobile phones were compromised. All this inspite of the security software she paid a great deal for in order to encrypt her devices to prevent the occurrence of hacking.
When Najib called upon two foreign lawyers in April 2019 to maintain a watching brief in his matter, an instruction he gave to one of them at a dinner that day at his Pavillion residence, his fate was sealed when he divulged the substance of that dinner, the identity of his two guests and his decision to his wife Rosmah. Rosmas 'lawyer' became enraged and advised Rosma to terminate any relationship with the two guests of DS Najib that very day.
Rosmah and her sidekick lawyer, did not like either of the lawyer or Tunku Abdul Aziz, a confidant of DS Najibs, often described in derogatory and disparaging terms. A "no no" in the Malay culture. Tunku Abdul Aziz is now deceased.
Najibs enemies had a direct line to the Najib household through that lawyer (Rosmah's side kick) within who intentionally or otherwise had been feeding his adversaries with details of his strategies and his defences leading to the government camp.
Unfortunately for Tan Sri Abdullah Shafee, DS Najib's current legal representative, his firm was being white anted and his material leaked in the Najib matters And the leaks continue.
The entire machinery of government in Malaysia is well and truly in the hands of agents of Regime Change and graduates of incompetence. They are deeply embeded and beholden to the Regime Change agencies of Britain, Australia and the US with a nexus their counterparts in Malaysia's goverenment.
The courts of Malaysia and its constitution are least understood by its lawyers and judges.
On a final note: The rule of law and the rule of justice in any civilized society demands that every accused knows the full extent of the case against him and be allowed to face his accusers. His accusrs fired from the shadows protected by the likes of the lame duck, Sir Ram and Tommy Thomas, two prime examples of incompetence.
To have witheld documents and to deny Najib the right to a choice of his lawyer to defend him was no different to the standards applied to Saddam Hussein and to black defendants in the southern United States of the US. It was a fundamentl breach of the principles of justice and the rule of law and the constitution.
Only a retrial of the Najib matters with the full disclosure of documents with held by the prosecution will do. A door has been opened in the new Trump adminstration which will uncover the extent of the crucification of the likes of DS Najib and out the identity of recipients of NED largess. The swamp will be drained. It is an American staple to burn its 'walk in' agents like Bersih, C4 and others who volunteered to play the role of their local disruptors.