KUALA LUMPUR, Aug 18 — Datuk Abdul Rahman Dahlan’s weekend revelation that steps were taken to stop a purported bid to criminalise Prime Minister Datuk Seri Najib Razak was as good as an admission to the Penal Code offence of obstructing a public servant, a lawyers’ group said.

Lawyers for Liberty (LFL) executive director Eric Paulsen said by saying that “pre-emptive steps” had to be taken to stop the so-called plot, Rahman also appeared to be justifying the removal of Tan Sri Abdul Gani Patail from the post of Attorney-General as well as the move to disband the 1Malaysia Development Berhad (1MDB) taskforce and the alleged harassment of graftbusters involved in a probe on a 1MDB former subsidiary.

“This is extremely shocking and appalling to say the least as he seemed to be saying that the PM cannot or should not be investigated as the investigations had amounted to ‘criminalising’ the PM or even ‘toppling the government’,” Paulsen said in a statement.

“This is clearly an exaggeration, an incredible assertion that cannot be taken seriously. No one is above the law including the PM and no investigation against him should be misrepresented to the public as ‘criminalising’ or ‘toppling the government’,” he added.

Paulsen pointed out that when any enforcement agency kicks off a probe, the aim is always to build up a case by collecting evidence.

In the process, a suspect can be “criminalised” and subsequently prosecuted if sufficient evidence is collected, he said.

“It would be preposterous for any enforcement agency not to ‘criminalise’ a suspect in any investigation (provided there is sufficient evidence) as that would defeat the purpose of having an investigation in the first place,” the lawyer and civil rights activist said.

“What is further shocking and appalling is his admission of the ‘pre-emptive steps’ taken – had clearly amounted to among others, a prima facie criminal offence of obstruction under Section 186 of the Penal Code and/or Section 48 of the Malaysian Anti-Corruption Commission Act,” he said.

Section 186 of the Penal Code on obstructing a public servant in the discharge of his or her public duties states that those convicted of such an offence will be liable to a prison term of up to three months or a maximum fine of RM1,000 or both.

“Instead of protecting the PM at all cost, the government should come clean with supporting documentation, and explain properly the RM2.6 billion that were deposited into the PM’s personal account rather than allowing the PM and his ministers to make one outlandish statement after another,” Paulsen said.

In an interview with The Star on the weekend, Rahman appeared to defend the recent manuevers by Najib to reshuffle the federal Cabinet and remove Gani from the office of the Attorney-General, claiming they were pre-emptive steps to thwart an apparent bid to criminalise or unseat the prime minister.

During the interview, the minister was asked to shed light on the draft document with charges against the prime minister that emerged online after Gani’s removal.

 According to whistleblower site Sarawak Report, the first to publish the document, Gani was removed because his office was in the final stages of drafting charges against the prime minister.

His replacement Tan Sri Mohamed Apandi Ali has since rubbished this claim, however.

Rahman admitted he was not sure of the authenticity of the draft document but said it “could be there” and later, quoting from Apandi, said it may have been part of the plot to criminalise the prime minister.