THE attorney-general (A-G) is right in deciding not to appeal the acquittal of PKR vice-president Rafizi Ramli, said the National Patriots Association, adding that whistle-blowers must be protected.

Patriot president Brig-Gen (rtd) Mohamed Arshad Raji said this is based on the principle of natural justice.

“Anyone of sound thinking should be able to see that the ‘cowgate’ affair has brought shame to our country and corruption and abuse of power had occurred in high office,” he said, referring to the National Feedlot Corporation (NFC) scandal.

“Irrespective of how one prefers to look at the issue, from the perspective of the rule of law, or even if the reason to appeal is to obtain the grounds of judgement from the trial judge, the Shah Alam High Court has decided to acquit Rafizi and the decision should stay,” Arshad said in the statement today.

He said Rafizi, former Pandan MP, had the courage to blow the whistle against perpetrators of the NFC scandal.

“He stuck out his head and neck at a time when senior civil servants and those who held high offices cocooned in cowardice and dared not speak up.

“Many were even accomplices in the crime. Some only spoke up after the Barisan Nasional government was overthrown. Rafizi Ramli is a true patriot.”

Arshad also threw his support behind Thomas that action be taken against his officer who had disregarded his instruction not to appeal.

This, he said, was clearly insubordination.

“Of late there has been much complaint about the deep state whereby senior officials and departmental heads disobeyed standing instructions and policies of ministers seemingly to sabotage the Pakatan Harapan (PH) government. This nonsense has to stop.     

“All public servants must toe the line and abide by the policies of the PH government.

“Any senior public servants found sabotaging and going against the policies of the government must be seriously dealt with.”

A-G Tommy Thomas had warned that disciplinary action would be taken against his officers who had filed an appeal against the court’s decision to acquit Rafizi for allegedly exposing confidential banking details relating to the NFC.

Thomas had reportedly said he did not instruct his officers to file an appeal and was not aware that it was done.

“I am shocked as it was decided after a discussion I had with the Election Commission chairman Azhar Azizan Harun that we will not be appealing and the decision was conveyed to the relevant officers.

“This is clear disobedience. I will initiate disciplinary action against those responsible,” the A-G was quoted as saying.

On November 15, the high court overturned Rafizi’s conviction for exposing confidential banking details relating to the NFC.

In February last year, months before the 14th general election, Rafizi was sentenced by the sessions court to 30 months in jail for flouting the Banking and Financial Institutions Act 1989.

He was charged with having access to four customer profile documents pertaining to the balance summaries of NFCorp, National Meat and Livestock Sdn Bhd, Agroscience Industries Sdn Bhd and NFCorp executive chairman Mohamad Salleh Ismail.

Former A-G Mohamed Apandi Ali, however, had said the filing of a notice of appeal following an acquittal in a criminal trial is normal practice by the Attorney-General’s Chambers (AGC).

Apandi said it has long been the practice of the prosecution in this country to have 99% evidence to secure a conviction, only then is a criminal charge preferred.

He added this is how the AGC remains apolitical, and all prosecutions are based on facts and law. – December 9, 2019.