Kuek Ser Kuang Keng & Soon Li Tsin
Jul 30, 07 6:37pm
Former Anti-Corruption Agency (ACA) director-general Zulkipli Mat
Noor was cleared of corruption allegations only because the attorney-
general failed to investigate the claims thoroughly, said
whistleblower Mohamad Ramli Abdul Manan.
He also claimed that AG Abdul Gani Patail (photo) had acted more like
Zulkipli's defense counsel than a public prosecutor, when revealing
the outcome of the investigations last Friday.
Abdul Gani said that Zulkipli and Inspector-General of Police Musa
Hassan have been cleared of the complaints lodged separately against
them.
He said two investigations into alleged sexual misconduct by
Zulkifli, undertaken in 1997, were referred to the deputy public
prosecutor.
However, the cases were declared 'NFA' (no further action) for lack
of evidence. Zulkipli was also cleared of 28 complaints of alleged
graft.
"Gani was talking more like a defence attorney for Zul in saying that
he had managed to explain how he had acquired all these properties.
He was not talking like a public prosecutor," Ramli told malaysiakini.
"A prosecutor would never be satisfied with this sort of preliminary
investigation and would have asked the police investigators to get
all evidence which is available and obtainable."
Ramli (left), who had made a report containing several explosive
allegations ranging from corruption to sexual crimes against Zulkipli
last year, outlined what should have been the AG's role in handling
this case.
Check his assets
He said the AG would typically issue an order under Section 32 of the
Anti-Corruption Act 1997, which lists the extensive powers of the
public prosecutor to obtain information on Zulkipli's properties,
income, assets, business and travels.
According to the ACA Act, only the public prosecutor can invoke
Section 32 under the 'Public Prosecutor's powers to obtain
information'. The police do not have the powers to do so.
Information of similar nature from Zulkipli's family members and
associates too could be obtained under this Act.
"If the information provided by the informant is found not to be
true, a prosecutor will ask the investigator to check and counter-
check with the informant again," he said, adding that he as an
informant was not recalled by the police to counter check on his
information.
"Three petrol pumps (service station), apartments in Australia and
Ireland, and a host of other properties known and unknown throughout
Malaysia which are disproportionate to his official known source of
income, the inevitable presumption is that it must come from corrupt
practices; unless he can explained himself.
"Under the ACA Act, we are allowed to make that presumption. This is
for the investigators to get the evidence using all the available
powers in accordance with the anti-corruption laws.
"That is why for the investigation to be complete, the PP (public
prosecutor) should issue an order under section 32 of ACA (Act)
asking Zul to declare all his properties belonging to him, his
families and associates including all bank accounts; kept locally and
overseas."
'Check the law'
The former Sabah ACA chief also pointed out that the AG has no power
in law to direct an investigation agency to close a particular
investigation
"You must ask the question, where is the law which says that Gani as
AG and public prosecutor can direct an investigation agency to close
a particular investigation?
"Under Section 376 of the Criminal Procedure Code, the AG - the
public prosecutor - has control and direction only of all criminal
prosecutions and proceedings in court. He decides whether to
prosecute or not to prosecute an offender."
Ramli had already pointed out in March that Abdul Gani should not be
investigating Zulkipli's case as they had been close friends while
serving in Sabah.
"Gani and Zulkipli are buddies. Gani should not make the decision,"
he reiterated today.
Ramli, who served the ACA for 28 years until his retirement, also
claimed that the police are not familiar or experienced enough to
investigate a case of this nature and (therefore) did not conduct a
thorough investigation into his complaints against Zulkipli.
He would have preferred the deputy ACA director to lead the
investigation into the case.
Asked about the civil suit he had filed against several government
bodies and a newspaper earlier this year, he said: "The government is
in the process of settling my suit out of court. The terms of the
settlement are under negotiation. There definitely won't be a court
hearing."
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