Ali Rustam out, KJ warned, Khir safe
By: Maria J.Dass KUALA LUMPUR (March 17, 2009) : Umno's disciplinary boardtoday barred Malacca Chief Minister Datuk Seri Mohd Ali Rustam from contesting the deputy presidency at the party's general assembly next week after finding him guilty of breaching party ethics.
Umno youth chief contender Datuk Khairy Jamaluddin however got off with a warning for the same offence, while his rival for the same post, former Selangor Mentri Besar Datuk Seri Dr Mohd Khir Toyo, was cleared of corruption and money politics.
Mohd Ali and Khairy were found guilty of breaching rule 10.1 of the party ethics, which is presumption of guilt owing to the actions of a third party (who could be an agent, lobbyist and campaign or polling manager). The penalty meted out depended on the degree of guilt.
They were among 15 found guilty of various offences, ranging from money politics, misuse of the media and the internet, the use of lobbyist and agents and for conduct during party administrative duties.
Another 14 members and contenders who were also investigated because of complaints lodged against them were found not guilty.
After delivering the probe findings at an eagerly-awaited press conference at Umno headquarters here, disciplinary board chairman Tan Sri Tengku Ahmad Rithaudeen Ismail explained that rule 10.1 states that a principal is presumed guilty as he is vicariously liable for the acts and offences committed by his agent.
He said the allegations against Mohd Ali were deemed as presumptions as he was not caught red-handed but is still liable for the actions of those associated with him, and has to give a reasonable explanation.
Mohd Ali's agent political secretary Saadun Basirun, who is also Bukit Katil division committee member, was found guilty of money politics and offences related to lobbying for votes.
"He (Mohd Ali) is also presumed guilty, going by the actions of Saadun," said Ahmad Rithaudeen.
Asked why Mohd Ali received a harsher punishment than Khairy, he said: "The punishment must fit the crime. No two cases are the same.
"The degree of the offence under 10.1 could differ. It could be 10.1 for money politics or 10.1 for 'makan-makan'. It depends on what he does."
He said the level of seriousness of these offences cannot be equated.
Ahmad Rithaudeen said: "In Khairy's case, the circumstances are different. Although his agent may have got a heavier sentence, there was no indication or proof of direct consent. The link or nexus between the agent and Khairy was also weak."
However, it was not possible to exculpate him completely from the offence as there was an iota of evidence that he was involved but it was not so strong, he added.
Asked if Mohd Ali may have been fixed up, Ahmad Rithaudeen said: "No you can't say that; don't ask me that, who knows, God only knows, I don't think you know."
On whether there was interference in their work, he said: "We loathe anyone attempting to disturb and interfere. We would like to say we are independent, we are impartial, if not what's the use?"
Ahmad Rithaudeen said those found guilty can appeal against the decision and sentence of the board but did not stipulate a timeframe for this.
Questioned if supreme council contender Datuk Azalina Othman is also under scrutiny, he said: "We only act on ethical offences, not criminal offences. That is the duty of the police to investigate."
He confirmed there were other cases still being investigated but did not say how many and who were involved.
Meanwhile in Ipoh, Bernama quoted Mohd Ali said he would make a clarification on the prohibition in Malacca tomorrow.
Speaking to reporters after the session to introduce candidates contesting in the Umno election, he said he had so far not received any official decision from the Umno Disciplinary Board.
Mohd Ali, who appeared calm, refused to comment further, saying he had to study and confirm the decision.
He was seen leaving the Municipal Hall at 5.10 pm and shaking hands with Umno members who were waiting at the main entrance to the hall as scores of his supporters shouted Hidup Ali (Long Live Ali).
Khairy, when met, stressed that he was not guilty and was thankful that he was still eligible to contest.
"In my opinion, I'm not guilty in the case but the Disciplinary Board had made an assessment and decided. Alhamdulillah...I can still contest and to me, that is more important.
He was confident that the decision of the Disciplinary Board would not affect his chances in the contest for the top post in Umno Youth.
Meanwhile, Mohamad Khir said he was grateful for the decision of the Board which cleared him of any offence under the Umno Code of Ethics.
He hoped Mohd Ali would appeal against the decision immediately, saying it was up to the appeals committee to consider the appeal.
Another candidate for the deputy presidency, Tan Sri Muhammad Muhd Taib, also hoped Mohd Ali would make an appeal.
Tan Sri Isa Samad, a former Umno vice-president who had previously been suspended for money politics, when asked to comment on the penalty imposed on Mohd Ali said : "Neither words nor pictures can describe the feelings after being suspended from Umno".
Another Umno vice-presidential candidate, Datuk Seri Shafie Apdal said he was confident Mohd Ali would continue the party struggles and be loyal to Umno.
