Archive for May, 2018


(MMO) – Sarawak Report editor Clare Rewcastle Brown asserted that murdered Senior Deputy Public Prosecutor, Kevin Morais, was the man who leaked the information about the Attorney-General Chamber’s (AGC) investigation over misappropriation at former 1MDB subsidiary SRC International.

Rewcastle-Brown told Malay Mail in an interview that “several credible sources” told her it was Morais who fed her the information about the investigation and leaked what was allegedly a charge sheet against former prime minister Datuk Seri Najib Razak.

“I believe it was Kevin Morais,” the London-based Sarawak Report editor said when asked how she had acquired the highly confidential information.

“I checked with several credible sources and… I believed it was Morais,” she added.

Three years ago Morais’ brother, Charles, issued a statutory declaration alleging his brother was responsible for drafting the charge sheets against Najib and that he had then sent copies of those charge sheets to Sarawak Report.

The papers were reportedly sent the day after Najib removed then Attorney-General Tan Sri Abdul Gani Patail and several members of his government in what was seen as an attempt to pre-empt his purported arrest.

Charles Morais told reporters that he did not believe for a moment that the motive for kidnapping and strangling his brother was that he was acting as the prosecutor in a separate bribery case, for which several men face trial.

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Sabah is currently facing a constitutional crisis, the state now has two chief ministers.

In the May 9th Sabah state polls, Sabah BN won 29 seats while Warisan, which has working ties with Pakatan Harapan, also secured 29 seats. Two other state seats were won by Parti Solidariti Tanah Airku led by Datuk Dr Jeffry Kitingan.

On May 10th, Musa was sworn-in as the chief minister before the TYT after securing a 31-majority following Parti Solidariti Tanah Airku’s decision to form an alliance with Sabah BN.

On May 12th, Shafie was sworn in as the chief minister after six assemblymen from Musa-led government declared their support to the Warisan’s Shafie Apdal to take over the government.

Both Musa and Shafie have introduced their cabinet line-up after being sworn as chief minister.

 

Today the 17th of May, Sabah Barisan Nasional (BN) chairman Musa Aman filed a writ of summons in the High Court seeking a declaration that he is and remains the lawful Sabah Chief Minister.

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The writ was filed through Messrs F.T. Ahmad and Co, which is acting for Musa.

Musa named Yang di-Pertua Negeri Tun Juhar Mahiruddin as the first respondent and Parti Warisan Sabah (Warisan) president Datuk Seri Mohd Shafie Apdal as the second respondent.

Lawyer Tengku Fuad Tengku Ahmad, in a statement, said Musa was seeking a declaration, among others, that he is and remains the lawful Chief Minister and that the purported swearing in of Shafie as a second Chief Minister by the state of head was unconstitutional.

“The writ also seeks a declaration that any and all acts by Shafie whilst purporting to be the Chief Minister are also null and void and of no effect.

The court fixed June 19 to hear the suit before Justice Ravinthran Paramaguru.

Now the question is: does the TYT have the power to revoke Chief Minister Musa Aman’s appointment, sworn in lawfully, in the presence of the the Chief Judge of Sabah and Sarawak, Tan Sri Richard Malanjum?

According to retired federal court judge Gopal Sri Ram, the head of state could not revoke Musa’s appointment even if Shafie now showed he had the majority support.

UPDATES – 24th August 2018

Mohd Shafie Apdal today failed in his bid to strike out former Sabah Chief Minister Musa Aman’s originating summons challenging his (Mohd Shafie’s) appointment as the new Chief Minister on May 12.

Justice Yew Jen Kie when delivering her decision through teleconferencing in the Kota Kinabalu High Court , said Musa as the plaintiff in the case, had raised a question of law which rendered the originating summonses unsuitable to be struck out summarily.

“Upon perusal of the affidavits and submission of the parties, I am satisfied that the plaintiff has raised a question of law which requires full consideration which renders the originating summons unsuitable to be struck out summarily.

“As such, I dismiss the striking-out application with costs in the cause,” she said.

In this regard, Yew ordered Musa to file his submission on the originating summons against Mohd Shafie on or before Sept 14, while the Mohd Shafie is file his on or before Sept 24.

Musa is also to file his reply on Oct 5.

Yew set Oct 26 to deliver her decision.

Mohd Shafie was represented by counsel Douglas Lind, while Musa’s counsels were Tengku Fuad Tengku Ahmad and Suku Vanugopal.

State Attoney-General Zaleha Rose Pandin and Dayangku Fazidah Hatun Pg Bagul represented Sabah Governor Juhar Mahiruddin.

Mohd Shafie filed the application on June 5 to strike out the suit on the grounds that Musa had no valid reason to challenge his appointment on May 12 as the new chief minister.

The following day, Musa filed a fresh suit against the Sabah governor and Shafie, in place of the suit filed on May 17, seeking a declaration that he (Musa) was the rightful chief minister of Sabah.

Musa was sworn in as chief minister on May 10 after securing simple majority in the 14th general election but lost the majority when several assemblymen from his party (Umno) and from a BN component party (Upko) jumped ship to give their support to Parti Warisan Sabah lead by Mohd Shafie.

– Bernama