Robert Phang slams A-G Gani Patail Again


I received an email from Tan Sri Robert Phang attaching his press statement attacking Dato‘ Seri Nazri Aziz and A-G Gani Patail. The press statement is very blunt.

Robert Phang questioned the government’s seriousness on the cases involving Tajuddin Ramli. This stemmed from Nazri Aziz’s statement that A-G Gani Patail has agreed to compound the offences committed by former MAS Chairman, Tan Sri Tajuddin Ramli.

Robert Phang again raised A-G Gani Patail’s involvement in a corporate tussle in Ho Hup Bhd where  the A-G filed 11 charges for some very minor late filings of statutory returns.

The point raised by Robert Phang about A-G Gani Patail’s selective prosecution and abuses of power is valid. We have seen many of such instances lately. The fact that A-G Gani has taken no action against Robert Phang for his incessant attacks can only suggest that all of Robert Phang‘s allegations are true.

Now read Phang’s statement below:

Selective Prosecution by A-G Gani Patail

1.On 6th October 2011, it was reported that the Minister in the Prime Minister’s Department, Dato’ Seri Nazri Aziz gave a written reply to Lim Kit Siang (DAP-Ipoh Timur) in Parliament confirming that former MAS Chairman, Tan Sri Tajuddin Ramli, had committed offences under Sections 131 and 132 of the Companies Act 1965. The MalaysiaKini Report (dated October 6, 2011) is below.

2.This admission is a positive development. However, I find it very disturbing that A-G Gani Patail has agreed that Tajuddin would be let off lightly by just compounding the offences that Tajuddin had committed. Indeed, there is such a provision to compound offences under Section 371A of the Companies Act.  However, the exercise of such powers must not be abused. If A-G Gani Patail is allowed to do so, the Rakyat will view this as sweeping things under the carpet. Where is accountability? Where is corporate governance?

3.The acts which constitute offences under Section 131 and Section 132 Companies Act are very serious as they go to the very core of a company and of corporate governance. The Board of Directors and each and every director as fiduciaries of a company are expected to behave with honesty and integrity and must never place themselves in a position of conflict, what more to plunder a national company for their own benefit. That, in essence, were the allegations against Tajuddin Ramli. And yet despite Nazri Aziz’s admission, A-G Gani Patail will just compound his offences. To me ,that is unacceptable.

4. I say so because I am now in possession of several charges for some very minor and technical offences. I am referring to the case of Dato’ T C Low and his sister, Low Lai Yoong, involving a corporate tussle in Ho Hup Bhd. There were allegations that A-G Gani Patail had abused his powers by assisting his friend, Dato Vincent Lye, to prosecute Dato’ T C Low.

Pictures have since surfaced in the internet of A-G Gani Patail with Vincent Lye at Ho Hup’s office. Documents have also surfaced of gratifications being provided to A-G Gani Patail. A-G Gani Patail has denied, but to date, the MACC has not issued any statement on this matter.

5.What is perplexing to most company secretaries and those in the corporate world is that it is not uncommon for statutory returns to be delayed or filed slightly late with the Companies Commission of Malaysia (CCM). But in the case of Dato T C Low where there was no dishonesty but just a mere lateness, no compound was offered. Instead, A-G Gani Patail filed a total of 11 charges against them. This is preposterous.  This constitutes an abuse of  power.

6.I call on the government that there should not be such discrimination. Everyone must be treated equally before the law. If Tajuddin’s offence, which is very serious, can be compounded, then others should be too. Why is Tajudin given this special treatment? Why is the MACC not looking into this as a case of abuse of power?

7. If PM’s Najib’s vision is to transform the country, then, such inequalities and abuses must stop!