The Datuk who was arrested by police after he allegedly tried to bribe several investigating officers with RM1.7mil over the National Feedlot Corporation (NFC) issue has been rearrested.
The 45-year-old businessman, who has been detained since Wednesday, was released after his second remand order ended.
He was immediately rearrested by police over a different case at around 11.30am yesterday at Bukit Jalil police station.
No details were given.
The Datuk, who is said to have duped numerous people, has been linked to a few cheating cases in Cheras and Ipoh.
Despite rumours that the Datuk is a relative of NFC executive chairman Datuk Seri Dr Mohamad Salleh Ismail, a statement from Dr Mohamad Salleh on Sunday claimed that the businessman was neither related to him nor was he ever an employee of the corporation.
On Friday, Malaysian Anti-Corruption Commission officers went to the NFC main office in Jalan Solaris in Mont Kiara and took away documents and a CPU.
The Auditor-General’s Report released in October had stated that NFC had failed to meet its cattle production target.
MACC was said to be investigating whether Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil, who is the wife of Dr Mohamad Salleh, had any part in the awarding of a RM250mil loan to NFC.
Source : The Star
Related News :
1. Datuk who tried to bribe officers probing NFC case rearrested
2. Held ‘Datuk’ Not An Employee of NFC
Monday, December 26, 2011
Datuk who tried to bribe officers probing NFC case rearrested
The Datuk who was remanded since Thursday over the investigation into the National Feedlot Corporation (NFC) case was re-arrested in connection with an alleged cheating case.
His lawyer Datuk Ahmad Damanhuri Mohd Yusof told reporters his client was re-arrested by policemen from the Commercial Crimes Investigation Division of the Dang Wangi Police headquarters after being released from the Bukit Jalil police detention centre at around noon.
Bukit Aman CID director Datuk Syed Ismail Syed Azizan told Bernama the businessman was arrested in connection with an alleged petrol station scam in the Klang Valley.
He said a police report dated Aug 7, 2009, stated that a female complainant, in her 40s, claimed that she had met the suspect over a petrol station project.
"The suspect is said to have asked for RM280,000 as consultation fee to help the complainant to get the project, which he failed to deliver.
"Based on the report, we arrested the suspect after he was released by the MACC (Malaysian Anti-Corruption Commission)," he explained.
The 45-year-old businessman was reported to have been remanded for five days from Dec 22 to facilitate in the investigation into the NFC case under the MACC Act 2009.
The NFC issue surfaced following the 2010 Auditor-General's Report in October which stated that the NFC had failed to comply with the objectives of its formation. BERNAMA
Source : The Star
Related News : Held ‘Datuk’ Not An Employee of NFC
His lawyer Datuk Ahmad Damanhuri Mohd Yusof told reporters his client was re-arrested by policemen from the Commercial Crimes Investigation Division of the Dang Wangi Police headquarters after being released from the Bukit Jalil police detention centre at around noon.
Bukit Aman CID director Datuk Syed Ismail Syed Azizan told Bernama the businessman was arrested in connection with an alleged petrol station scam in the Klang Valley.
He said a police report dated Aug 7, 2009, stated that a female complainant, in her 40s, claimed that she had met the suspect over a petrol station project.
"The suspect is said to have asked for RM280,000 as consultation fee to help the complainant to get the project, which he failed to deliver.
"Based on the report, we arrested the suspect after he was released by the MACC (Malaysian Anti-Corruption Commission)," he explained.
The 45-year-old businessman was reported to have been remanded for five days from Dec 22 to facilitate in the investigation into the NFC case under the MACC Act 2009.
The NFC issue surfaced following the 2010 Auditor-General's Report in October which stated that the NFC had failed to comply with the objectives of its formation. BERNAMA
Source : The Star
Related News : Held ‘Datuk’ Not An Employee of NFC
Sunday, December 25, 2011
Held ‘Datuk’ Not An Employee of NFC
The ‘Datuk’ who was arrested by the police recently is not an employee of the National Feedlot Corporation.
NFC executive chairman Datuk Seri Dr Mohamad Salleh Ismail clarified that the suspect was not related to him or any member of his family.
“The Datuk also was not and never was an employee of the corporation,” he said yesterday.
The Datuk, who is said to be well-known and had duped numerous people, was detained on Wednesday when he allegedly tried to bribe several commercial crimes investigations department (CCID) officers with about RM1.7mil to avoid arrest.
On Friday, Malaysian Anti-Corruption Commission officers went to the NFC main office in Jalan Solaris in Mont Kiara.
The Auditor-General’s Report released in October had stated that NFC had failed to meet its cattle production target.
MACC was said to be investigating whether Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil, who is the wife of Dr Mohamad Salleh, had any part in the awarding of a RM250mil loan to NFC.
Source : The Star
NFC executive chairman Datuk Seri Dr Mohamad Salleh Ismail clarified that the suspect was not related to him or any member of his family.
“The Datuk also was not and never was an employee of the corporation,” he said yesterday.
The Datuk, who is said to be well-known and had duped numerous people, was detained on Wednesday when he allegedly tried to bribe several commercial crimes investigations department (CCID) officers with about RM1.7mil to avoid arrest.
On Friday, Malaysian Anti-Corruption Commission officers went to the NFC main office in Jalan Solaris in Mont Kiara.
The Auditor-General’s Report released in October had stated that NFC had failed to meet its cattle production target.
MACC was said to be investigating whether Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil, who is the wife of Dr Mohamad Salleh, had any part in the awarding of a RM250mil loan to NFC.
Source : The Star
Saturday, December 24, 2011
MACC ‘Raids’ NFC Main Office
Afternoon visit: MACC officers taking away a CPU and envelopes filled with documents from the NFC office in Mont Kiara FridayMalaysian Anti-Corruption Commission officers carried out a two-hour “raid” on the National Feedlot Corporation's (NFC) main office in Jalan Solaris, Mont Kiara.
Eight MACC officers from Putrajaya led by operations officer Wan Abdul Rahman Wan Mohd Salleh were seen entering the NFC office at about 3pm yesterday.
They left with a CPU and several A4-sized envelopes filled with documents.
Wan Abdul Rahman said they had interviewed the staff, who gave their full co-operation.
He declined to comment further.
NFC issued a statement last night, saying that the MACC's “afternoon visit” was not a raid.
“The management and staff welcomed the visit and extended their full co-operation,” the statement said, adding that it was improper to comment any further as investigations were ongoing.
Reporters had camped outside the NFC office by 2pm after getting wind of the impending “raid”.
Prior to that, NFC executive chairman Datuk Seri Dr Mohamad Salleh Ismail was spotted leaving a restaurant believed to be owned by NFC located directly opposite its office.
Dr Mohamad Salleh is the husband of Women, Family and Community Development Minister Datuk Seri Shahrizat Abdul Jalil.
MACC had on Thursday said that a special team led by director of investigations Datuk Mustafa Ali had been formed to investigate allegations about NFC.
Controversy broke out after the Auditor-General's Report released in October had stated that NFC had failed to meet its cattle production target.
Opposition politicians had also accused it of funds misappropriation.
MACC is said to be investigating whether Shahrizat had any part in the awarding of a RM250mil loan to NFC.
On Wednesday, a Datuk was arrested for allegedly attempting to bribe several investigating officers with RM1.7mil over the NFC issue.
It is learnt that police are also investigating whether the Datuk is connected to the family of Dr Mohamad Salleh.
The Datuk has since been handed over to MACC for further investigations.
Source : The Star
Friday, December 23, 2011
Khir Toyo gets 1 Year Jail for Graft
Former Selangor Mentri Besar Dr Mohd Khir Toyo was found guilty by the High Court here Friday of knowingly purchasing two pieces of land and a bungalow in Section 7 at a much lower price than its original value from Ditamas Sdn Bhd director Shamsuddin Hayroni in 2007.
He was sentenced to one year in jail from Friday and Justice Mohtarudin Baki ordered his land and bungalow be forfeited.
However, the judge granted him him a stay of execution of jail time and forfeiture of the properties pending an appeal after his lawyer M. Athimulan made the request.
The lawyer said the appeal would be filed Friday evening.
The properties involved were purchased at RM3.5mil although Ditamas had bought it for RM6.5mil on Dec 23, 2004.
The court found that the defence had failed to raise reasonable doubt in the case.
Justice Mohtarudin said in his ruling that he found the key witness Shamsuddin not an accomplice of the accused.
(Shamsuddin was initially charged with abetting Dr Khir but later had his charge withdrawn. He became a witness for the prosecution).
Justice Mohtarudin said he had no reason to reject Shamsuddin's testimony as he had observed his demeanor throughout the trial.
Source : The Star
Related News : Khir extended no favours, High Court told
He was sentenced to one year in jail from Friday and Justice Mohtarudin Baki ordered his land and bungalow be forfeited.
However, the judge granted him him a stay of execution of jail time and forfeiture of the properties pending an appeal after his lawyer M. Athimulan made the request.
The lawyer said the appeal would be filed Friday evening.
The properties involved were purchased at RM3.5mil although Ditamas had bought it for RM6.5mil on Dec 23, 2004.
The court found that the defence had failed to raise reasonable doubt in the case.
Justice Mohtarudin said in his ruling that he found the key witness Shamsuddin not an accomplice of the accused.
(Shamsuddin was initially charged with abetting Dr Khir but later had his charge withdrawn. He became a witness for the prosecution).
Justice Mohtarudin said he had no reason to reject Shamsuddin's testimony as he had observed his demeanor throughout the trial.
Source : The Star
Related News : Khir extended no favours, High Court told
Tuesday, December 20, 2011
Khir extended no favours, High Court told
Former Selangor Mentri Besar Dr Mohd Khir Toyo never extended any special favours to Ditamas Sdn Bhd director Shamsuddin Hayroni or unlawfully interfered in his projects, the High Court heard.
Defence counsel Kamarul Hisham Kamaruddin said there was no evidence to suggest his client had committed such acts.
“If Shamsuddin was expecting some kind of untoward advantage in the form of special treatment, that cannot amount to any duress of any kind because that is motivated by greed,” he said.
Kamarul was submitting before Justice Mohtarudin Baki during the closing argument for Dr Khir, who is charged with knowingly purchasing two plots of land and a bungalow in Section 7 here at a much lower price than its original value from Shamsuddin in 2007.
The property was bought at RM3.5mil although Ditamas had acquired it for RM6.5mil on Dec 23, 2004.
The 46-year-old politician allegedly committed the offence at the Selangor Mentri Besar’s official residence on May 29, 2007.
Kamarul said Shamsuddin’s testimony was an afterthought, made up after the charge against him was withdrawn.
“In 2009, he did not tell the Malaysian Anti-Corruption Commission that he had no option (but to sell the house at the said price), but after the charge was withdrawn, he changed his testimony to suit the prosecution’s case,” he said.
He attacked Shamsuddin’s credibility as a witness, saying that the testimony of a witness who was earlier accused but turned to the prosecution’s side after the charge was withdrawn must be viewed with the utmost suspicion.
Shamsuddin was first charged with abetting Dr Khir but had the charge against him dropped on June 6.
Kamarul said the prosecution had pressed ahead with its version of a person of influence who took advantage of another person in a weaker position.
“If this was true, then why would the accused ask businessman Datuk Sumadi Ismail to also buy the property? In fact, according to Shamsuddin’s testimony, the accused had first asked Sumadi to buy it.
“There is no evidence in the entire trial indicating that Sumadi was a person on whom the accused could have pressured and taken advantage of. What we know is Sumadi is a social and political friend of the accused,” he submitted.
DPP Abdul Wahab Mohamed said there was no evidence that Shamsuddin had financial problems and was desperate to sell the properties at a lower price.
He said there was only evidence of Shamsuddin being afraid and concerned about the accused’s influence as Mentri Besar and chairman of Selangor State Development Corporation (PKNS), with which Shamsuddin’s company had business deals.
The case is fixed for decision on Friday.
Source : The Star
Defence counsel Kamarul Hisham Kamaruddin said there was no evidence to suggest his client had committed such acts.
“If Shamsuddin was expecting some kind of untoward advantage in the form of special treatment, that cannot amount to any duress of any kind because that is motivated by greed,” he said.
Kamarul was submitting before Justice Mohtarudin Baki during the closing argument for Dr Khir, who is charged with knowingly purchasing two plots of land and a bungalow in Section 7 here at a much lower price than its original value from Shamsuddin in 2007.
The property was bought at RM3.5mil although Ditamas had acquired it for RM6.5mil on Dec 23, 2004.
The 46-year-old politician allegedly committed the offence at the Selangor Mentri Besar’s official residence on May 29, 2007.
Kamarul said Shamsuddin’s testimony was an afterthought, made up after the charge against him was withdrawn.
“In 2009, he did not tell the Malaysian Anti-Corruption Commission that he had no option (but to sell the house at the said price), but after the charge was withdrawn, he changed his testimony to suit the prosecution’s case,” he said.
He attacked Shamsuddin’s credibility as a witness, saying that the testimony of a witness who was earlier accused but turned to the prosecution’s side after the charge was withdrawn must be viewed with the utmost suspicion.
Shamsuddin was first charged with abetting Dr Khir but had the charge against him dropped on June 6.
Kamarul said the prosecution had pressed ahead with its version of a person of influence who took advantage of another person in a weaker position.
“If this was true, then why would the accused ask businessman Datuk Sumadi Ismail to also buy the property? In fact, according to Shamsuddin’s testimony, the accused had first asked Sumadi to buy it.
“There is no evidence in the entire trial indicating that Sumadi was a person on whom the accused could have pressured and taken advantage of. What we know is Sumadi is a social and political friend of the accused,” he submitted.
DPP Abdul Wahab Mohamed said there was no evidence that Shamsuddin had financial problems and was desperate to sell the properties at a lower price.
He said there was only evidence of Shamsuddin being afraid and concerned about the accused’s influence as Mentri Besar and chairman of Selangor State Development Corporation (PKNS), with which Shamsuddin’s company had business deals.
The case is fixed for decision on Friday.
Source : The Star
Dr Khir to know his fate on Friday
The High Court judge here fixed Friday to deliver his verdict in the trial of former Selangor Mentri Besar Datuk Seri Dr Mohd Khir Toyo.
In the trial Monday, the defence submitted that that there was no evidence showing Dr Khir had given special treatment to Ditamas Sdn Bhd director Shamsuddin Hayroni.
Defence counsel Kamarul Hisham Kamaruddin said that as such, there was no unlawful interference by the accused with any of businessman Shamsuddin's projects.
"If the second prosecution witness (Shamsuddin) is expecting some kind of untoward advantage in the form of a special treatment, that cannot amount to any duress of any kind because that is motivated by greed.
"There must be clear coercion...is there a jot of evidence to even suggest the accused said anything untoward? There's nothing in the past, present or future," he said in his submission at the end of the defence's case.
Dr Khir was called to enter his defence on a charge of obtaining for himself and his wife, Datin Seri Zahrah Kechik, two lots of land and a house at No 8 & 10, Jalan Suasa 7/1L, from Shamsuddin at RM3.5mil which was a much lower price than the RM6.5mil Ditamas paid for it in 2004.
He allegedly entered into the transaction with the knowledge that Shamsuddin had dealings with him in his official capacity as Selangor mentri besar at the time.
The Sungai Panjang assemblyman allegedly committed the offence at the Selangor mentri besar's official residence at Jalan Permata 7/1, Section 7, here on May 29, 2007.
Asserting that the prosecution's charge against Dr Khir hinged on Shamsuddin's testimony, Kamarul Hisham said the latter had failed to show proof that he had been ordered by the former menteri besar to purchase the bungalow and two plots of land in 2004.
The lawyer pointed out that Shamsuddin was charged with abetting Dr Khir and was later acquitted and discharged by the High Court on June 6 after the charge against him was withdrawn.
He said Shamsuddin had since turned into a witness for the prosecution.
"In this case, Shamsuddin stands a witness, earlier a fellow accused and now a witness for the prosecution by virtue of the charge being withdrawn against him.
"The common law has always viewed the testimony of such a witness with utmost suspicion," he added.
Source : The Star
Related News : Value on Khir’s property was unreasonable, witness tells court
In the trial Monday, the defence submitted that that there was no evidence showing Dr Khir had given special treatment to Ditamas Sdn Bhd director Shamsuddin Hayroni.
Defence counsel Kamarul Hisham Kamaruddin said that as such, there was no unlawful interference by the accused with any of businessman Shamsuddin's projects.
"If the second prosecution witness (Shamsuddin) is expecting some kind of untoward advantage in the form of a special treatment, that cannot amount to any duress of any kind because that is motivated by greed.
"There must be clear coercion...is there a jot of evidence to even suggest the accused said anything untoward? There's nothing in the past, present or future," he said in his submission at the end of the defence's case.
Dr Khir was called to enter his defence on a charge of obtaining for himself and his wife, Datin Seri Zahrah Kechik, two lots of land and a house at No 8 & 10, Jalan Suasa 7/1L, from Shamsuddin at RM3.5mil which was a much lower price than the RM6.5mil Ditamas paid for it in 2004.
He allegedly entered into the transaction with the knowledge that Shamsuddin had dealings with him in his official capacity as Selangor mentri besar at the time.
The Sungai Panjang assemblyman allegedly committed the offence at the Selangor mentri besar's official residence at Jalan Permata 7/1, Section 7, here on May 29, 2007.
Asserting that the prosecution's charge against Dr Khir hinged on Shamsuddin's testimony, Kamarul Hisham said the latter had failed to show proof that he had been ordered by the former menteri besar to purchase the bungalow and two plots of land in 2004.
The lawyer pointed out that Shamsuddin was charged with abetting Dr Khir and was later acquitted and discharged by the High Court on June 6 after the charge against him was withdrawn.
He said Shamsuddin had since turned into a witness for the prosecution.
"In this case, Shamsuddin stands a witness, earlier a fellow accused and now a witness for the prosecution by virtue of the charge being withdrawn against him.
"The common law has always viewed the testimony of such a witness with utmost suspicion," he added.
Source : The Star
Related News : Value on Khir’s property was unreasonable, witness tells court
Friday, November 25, 2011
Appeal against ex-CEO’s acquittal dropped
A former chief operating officer of Telekom Malaysia Berhad’s subsidiary company is a free man after the prosecution withdrew its application for an appeal against his acquittal.
High Court judge Justice Datuk Mohamad Zabidin Diah granted the application for Datuk Ibrahim Nasir, who was charged with two counts of bribery.
On April 1, 2008, the prosecution filed an appeal against a Sessions Court decision on March 27 that year which acquitted and discharged Ibrahim, 63, without calling for his defence.
Ibrahim had been charged with dishonestly accepting a bribe of three return air tickets to London totalling RM37,806.
The three tickets were said to have been accepted from Putrajaya Bumi Holding Sdn Bhd general manager Kamal Amir Kamal Hijjaz as an inducement for Ibrahim to give a recommendation to Kamal Amir for a contract to supply a carpet for Telekom Malaysia Berhad’s headquarters
Source : The Star
High Court judge Justice Datuk Mohamad Zabidin Diah granted the application for Datuk Ibrahim Nasir, who was charged with two counts of bribery.
On April 1, 2008, the prosecution filed an appeal against a Sessions Court decision on March 27 that year which acquitted and discharged Ibrahim, 63, without calling for his defence.
Ibrahim had been charged with dishonestly accepting a bribe of three return air tickets to London totalling RM37,806.
The three tickets were said to have been accepted from Putrajaya Bumi Holding Sdn Bhd general manager Kamal Amir Kamal Hijjaz as an inducement for Ibrahim to give a recommendation to Kamal Amir for a contract to supply a carpet for Telekom Malaysia Berhad’s headquarters
Source : The Star
Cop gets two years for bribery
A policeman was sentenced to two years’ imprisonment and fined RM20,000 by a Sessions Court here for two counts of bribery.
L/Kpl Pazir Ismail, 50, was accused of accepting RM500 from Felda settler Mat Sebon Tomong at Pondok Police Aping Timur in Kota Tinggi at around 11.30am on Sept 5 in 2005.
He was also accused of receiving RM680 from Mat Sebon at the same place at around 3.15pm on Dec 2, 2005.
Pazir received a total RM1,180 from Mat Sebon as an inducement for not taking action against lorries which did not have licences or insurance.
He was charged under Section 11(a) of the Anti-Corruption Act 1997, which carries a jail term of up to 20 years and a fine five times the value of the bribe, or RM10,000 or whichever is higher.
Sessions judge Madihah Hairullah sentenced Pazir to two years’ jail and imposed a RM10,000 fine for each charge and ordered the sentences to run concurrently.
Malaysi n Anti-Corruption Commission (MACC) officer Ridzuan Abdul Malik prosecuted while the accused was represented by Khairul Aswad.
Meanwhile in a magistrate’s court here, a 22-year-old hawker who stole two packets of Nescafe worth RM31.40 was jailed for a month.
Muhamad Rizuan Ibrahim committed the offence at a mini-market in Bandar Baru Uda here at around 12.30pm on Dec 13 last year.
The accused pleaded guilty to the offence and was charged under Section 380 of the Penal Code, which carries a jail term of up to 10 years and fine upon conviction.
Deputy Public Prosecutor Tan Poh Vun prosecuted while the accused was not represented.
Source : The Star
L/Kpl Pazir Ismail, 50, was accused of accepting RM500 from Felda settler Mat Sebon Tomong at Pondok Police Aping Timur in Kota Tinggi at around 11.30am on Sept 5 in 2005.
He was also accused of receiving RM680 from Mat Sebon at the same place at around 3.15pm on Dec 2, 2005.
Pazir received a total RM1,180 from Mat Sebon as an inducement for not taking action against lorries which did not have licences or insurance.
He was charged under Section 11(a) of the Anti-Corruption Act 1997, which carries a jail term of up to 20 years and a fine five times the value of the bribe, or RM10,000 or whichever is higher.
Sessions judge Madihah Hairullah sentenced Pazir to two years’ jail and imposed a RM10,000 fine for each charge and ordered the sentences to run concurrently.
Malaysi n Anti-Corruption Commission (MACC) officer Ridzuan Abdul Malik prosecuted while the accused was represented by Khairul Aswad.
Meanwhile in a magistrate’s court here, a 22-year-old hawker who stole two packets of Nescafe worth RM31.40 was jailed for a month.
Muhamad Rizuan Ibrahim committed the offence at a mini-market in Bandar Baru Uda here at around 12.30pm on Dec 13 last year.
The accused pleaded guilty to the offence and was charged under Section 380 of the Penal Code, which carries a jail term of up to 10 years and fine upon conviction.
Deputy Public Prosecutor Tan Poh Vun prosecuted while the accused was not represented.
Source : The Star
Policeman gets 18 months for bribery
A former policeman was jailed 18 months by a Sessions Court for accepting a RM2,000 bribe three years ago.
Konst Abdul Hadi Mohd Noor, 29, was also fined RM10,000 in default three months’ jail for the offence.
Abdul Hadi was charged under Section 11(a) of the Anti-Corruption Act 1997 with taking the amount at 8pm on Sept 16, 2008, from retiree Liew Tet Soon, 50, as an inducement for him not to take action against Liew for alle-gedly being involved in illegal gambling.
Sessions judge Sitarun Nisa Abdul Aziz ordered Abdul Hadi to serve his jail sentence from yesterday.
In a separate case, the judge jailed electrician Mohd Indra Sobri Mohd Azizan, 27, and mechanic Fadzlee Ashraf Jamaludin, 26, five years and three strokes of the rotan each for robbing K. Kamacheh, 35, of RM121 in Batu Ferringhi at 12.30pm on March 19, 2009.
They had snatched Kamacheh’s sling bag containing the cash while she was riding her motorcycle. The duo were granted bail of RM20,000 with one surety each when their counsel Hussaini Abdul Rashid applied for a stay of execution pending an appeal of the sentence to the High Court.
Source : The Star
Konst Abdul Hadi Mohd Noor, 29, was also fined RM10,000 in default three months’ jail for the offence.
Abdul Hadi was charged under Section 11(a) of the Anti-Corruption Act 1997 with taking the amount at 8pm on Sept 16, 2008, from retiree Liew Tet Soon, 50, as an inducement for him not to take action against Liew for alle-gedly being involved in illegal gambling.
Sessions judge Sitarun Nisa Abdul Aziz ordered Abdul Hadi to serve his jail sentence from yesterday.
In a separate case, the judge jailed electrician Mohd Indra Sobri Mohd Azizan, 27, and mechanic Fadzlee Ashraf Jamaludin, 26, five years and three strokes of the rotan each for robbing K. Kamacheh, 35, of RM121 in Batu Ferringhi at 12.30pm on March 19, 2009.
They had snatched Kamacheh’s sling bag containing the cash while she was riding her motorcycle. The duo were granted bail of RM20,000 with one surety each when their counsel Hussaini Abdul Rashid applied for a stay of execution pending an appeal of the sentence to the High Court.
Source : The Star
Wednesday, November 23, 2011
Ex-Sime Darby senior GM ordered to enter defence against bribery charges
A former senior general manager of Sime Darby Engineering Sdn Bhd in Pasir Gudang, Johor, was ordered by a Sessions Court here Wednesday to enter his defence over five counts of accepting bribes amounting to RM181,880.
Judge Ahmad Zamzani Mohd Zain came to the decision after the prosecution managed to establish a prima facie case against Md Zaki Othman, 49.
In his judgement, Ahmad Zamzani said the prosecution had adduced sufficient evidence against the accused through witnesses and documents tendered in court.
He then set three days for the accused to enter his defense, starting Jan 11, 2012.
On the first count, Md Zaki allegedly accepted RM33,600 in cash from a contractor, as payment for a set of furniture in his house in Taman Austin Perdana about 10am on Dec 14, 2007.
The bribe was claimed to be an inducement to secure a Letter of Intent dated Jan 11, 2008 for an oil and gas project worth RM23,901,959.
He was charged under the Anti-Corruption Act of 1997 (ACA 1997) which provides for a maximum 20-year imprisonment and fine of not less than five times the bribe or RM10,000, whichever is higher, upon conviction.
On the second count, Md Zaki allegedly accepted a Rolex watch worth RM21,700 also from the same contractor, at the same address about 9pm on March 10, 2009.
It was apparently to approve and hasten progress payment claims for a Sime Darby Engineering Sdn Bhd, Pasir Gudang, contract and sub-contract.
The charge was brought under the Malaysian Anti-Corruption Commission Act 2009 (MACC Act) which carries a maximum 20-year imprisonment and fine of not less than five times the bribe or RM10,000 whichever is higher, upon conviction.
As for the third and fourth count, Md Zaki was charged under the MACC Act with asking for and accepting two designer watches worth RM32,980 and RM60,000 during March and May 2009 respectively, as inducement to secure a Letter of Intent for the same contractor and approve and hasten progress payment claims for a contract and sub-contract carried out by the contractor's company.
Upon conviction of each count, the accused faces a maximum of 20 years imprisonment and fine of not less than five times the bribe or RM10,000, whichever is higher.
On the last count, Md Zaki was charged with asking for RM33,600 from the shame contractor for a set of furniture on Nov 28 2007.
MACC deputy public prosecutor Muhammad Saifuddin Hashim Musaimi presented 26 witnesses throughout his case and Md Zaki was represented by T. Vijayasandran. - Bernama
Source : The Star
Pelated News : Ex-manager in bribery case granted discharge
Judge Ahmad Zamzani Mohd Zain came to the decision after the prosecution managed to establish a prima facie case against Md Zaki Othman, 49.
In his judgement, Ahmad Zamzani said the prosecution had adduced sufficient evidence against the accused through witnesses and documents tendered in court.
He then set three days for the accused to enter his defense, starting Jan 11, 2012.
On the first count, Md Zaki allegedly accepted RM33,600 in cash from a contractor, as payment for a set of furniture in his house in Taman Austin Perdana about 10am on Dec 14, 2007.
The bribe was claimed to be an inducement to secure a Letter of Intent dated Jan 11, 2008 for an oil and gas project worth RM23,901,959.
He was charged under the Anti-Corruption Act of 1997 (ACA 1997) which provides for a maximum 20-year imprisonment and fine of not less than five times the bribe or RM10,000, whichever is higher, upon conviction.
On the second count, Md Zaki allegedly accepted a Rolex watch worth RM21,700 also from the same contractor, at the same address about 9pm on March 10, 2009.
It was apparently to approve and hasten progress payment claims for a Sime Darby Engineering Sdn Bhd, Pasir Gudang, contract and sub-contract.
The charge was brought under the Malaysian Anti-Corruption Commission Act 2009 (MACC Act) which carries a maximum 20-year imprisonment and fine of not less than five times the bribe or RM10,000 whichever is higher, upon conviction.
As for the third and fourth count, Md Zaki was charged under the MACC Act with asking for and accepting two designer watches worth RM32,980 and RM60,000 during March and May 2009 respectively, as inducement to secure a Letter of Intent for the same contractor and approve and hasten progress payment claims for a contract and sub-contract carried out by the contractor's company.
Upon conviction of each count, the accused faces a maximum of 20 years imprisonment and fine of not less than five times the bribe or RM10,000, whichever is higher.
On the last count, Md Zaki was charged with asking for RM33,600 from the shame contractor for a set of furniture on Nov 28 2007.
MACC deputy public prosecutor Muhammad Saifuddin Hashim Musaimi presented 26 witnesses throughout his case and Md Zaki was represented by T. Vijayasandran. - Bernama
Source : The Star
Pelated News : Ex-manager in bribery case granted discharge
Tuesday, November 22, 2011
Manager guilty of bribing officer
A furniture factory manager was jailed a day and fined RM20,000 or six months in jail, after he pleaded guilty to bribing a Tenaga Nasional Bhd senior manager of RM4,000 in May.
Sessions court judge Rosbiahanin Ariffin sentenced Tan Boon Hin, 57, after he pleaded guilty to the charge last month.
Tan was charged with offering the bribe to Rumaizi Mohd Amin from the TNB’s investigation division as an incentive to not take action against him over an electricity-related offence.
He committed the offence at Starbucks in Bangsar Village here at about 10.45am on May 25.
The offence is chargeable under Section 17(b) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
In a separate case, a marketing manager claimed trial to bribing Rumaizi with RM25,000 as an incentive to not take action over an electricity-related offence at the Piau Kee Live and Frozen Seafoods Sdn Bhd premises in Kg Cheras Baru.
Cheah Peck Hiong, 39, was charged with committing the offence under Section 17(b) of the MACC Act, at a restaurant in Bangsar Shopping Centre at 5.40pm on May 24. It carries a 20-year jail term and fine five times the bribery amount, if convicted.
MACC deputy public prosecutor Sophian Zakaria prosecuted while lawyer R. Babu represented Cheah, who was granted a RM10,000 bail.
The court fixed Dec 21 for mention.
Source : The Star
Sessions court judge Rosbiahanin Ariffin sentenced Tan Boon Hin, 57, after he pleaded guilty to the charge last month.
Tan was charged with offering the bribe to Rumaizi Mohd Amin from the TNB’s investigation division as an incentive to not take action against him over an electricity-related offence.
He committed the offence at Starbucks in Bangsar Village here at about 10.45am on May 25.
The offence is chargeable under Section 17(b) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
In a separate case, a marketing manager claimed trial to bribing Rumaizi with RM25,000 as an incentive to not take action over an electricity-related offence at the Piau Kee Live and Frozen Seafoods Sdn Bhd premises in Kg Cheras Baru.
Cheah Peck Hiong, 39, was charged with committing the offence under Section 17(b) of the MACC Act, at a restaurant in Bangsar Shopping Centre at 5.40pm on May 24. It carries a 20-year jail term and fine five times the bribery amount, if convicted.
MACC deputy public prosecutor Sophian Zakaria prosecuted while lawyer R. Babu represented Cheah, who was granted a RM10,000 bail.
The court fixed Dec 21 for mention.
Source : The Star
Monday, November 21, 2011
RTD aims to achieve zero corruption
THE state Road Transport Department has become the first enforcement agency in Perak to sign a memorandum with the Malaysian Anti-Corruption Commission (MACC) to combat graft.
Department director Jaafar Mohamed said the department had set its sights on achieving zero corruption among its officers.
“We want officers with good integrity and I want them to understand and advocate the memorandum’s objectives,” he told reporters after the signing ceremony for the memorandum in Ipoh.
Taking measures to stop graft: Jaafar (right) and state MACC deputy director (operations) Shaharom Nizam Abd Manap signing on the memorandum to fight corruption.
“We will not hesitate to take action against our personnel who take bribes and people who offer bribes to our men,” he said.
He said the department would work hand-in-hand with MACC to detect any corruption.
“We will ensure all information on graft cases involving our officers is channelled to the MACC,” he added.
Jaafar said the department had its own Integrity Committee to inspect and investigate claims of corruption.
“The committee will either take disciplinary action against the wrongdoers or hand the matter over to MACC,” he said.
He added that the Government had implemented the Witness Protection Act and Whistleblower Protection Act 2010 to support ongoing efforts to weed out bribe givers and takers. — By IVAN LOH
Source : The Star
Department director Jaafar Mohamed said the department had set its sights on achieving zero corruption among its officers.
“We want officers with good integrity and I want them to understand and advocate the memorandum’s objectives,” he told reporters after the signing ceremony for the memorandum in Ipoh.
Taking measures to stop graft: Jaafar (right) and state MACC deputy director (operations) Shaharom Nizam Abd Manap signing on the memorandum to fight corruption.“We will not hesitate to take action against our personnel who take bribes and people who offer bribes to our men,” he said.
He said the department would work hand-in-hand with MACC to detect any corruption.
“We will ensure all information on graft cases involving our officers is channelled to the MACC,” he added.
Jaafar said the department had its own Integrity Committee to inspect and investigate claims of corruption.
“The committee will either take disciplinary action against the wrongdoers or hand the matter over to MACC,” he said.
He added that the Government had implemented the Witness Protection Act and Whistleblower Protection Act 2010 to support ongoing efforts to weed out bribe givers and takers. — By IVAN LOH
Source : The Star
Thursday, November 17, 2011
Prosecution closes case in Dr Ling’s trial over PKFZ
The High Court set Dec 12 and 13 to hear submissions after the prosecution closed its case Thursday in the trial of former Transport Minister Tun Dr Ling Liong Sik over the Port Klang Free Zone (PKFZ) case.
The prosecution offered 113 witnesses to the defence, among them two former prime ministers Tun Dr Mahathir Mohamad and Tun Abdullah Ahmad Badawi and several Cabinet ministers.
Defence lawyer Wong Kian Kheong told the court that he intended to call Datuk Seri Najib Tun Razak as a witness in the event Dr Ling is called to make his defence because the prime minister had chaired a Cabinet meeting in 2007 in place of Abdullah when he (Najib) was the deputy prime minister.
Deputy Public Prosecutor Datuk Tun Abdul Majid Tun Hamzah said the defence would have to make an application to call Najib as a witness and it was up to the prime minister to decide whether to turn up as a witness.
The prosecution closed its case today after having called 25 witnesses, among them several former ministers, investigating officers, former senior officers of the transport ministry and former Port Klang Authority general manager O.C. Phang.
The case, before Judge Datuk Ahmadi Asnawi, began on Aug 1 and involved 173 exhibits.
Dr Ling was first charged on July 29 last year in the Putrajaya Sessions Court and was allowed bail of RM1mil after he pleaded not guilty.
Wong then applied to the court to have the case transferred to the High Court, arguing that it was a high profile case.
Dr Ling, 68, is charged with cheating the government by not disclosing to the Cabinet an additional interest rate of 7.5percent per annum on the purchase price of the land for the PKFZ project, which had been fixed at RM1,088,456,000 by the Valuation and Property Services Department (JPPH) based on RM25 per sq ft inclusive of the coupon/interest rate.
He also faces two alternative charges, of cheating and intentionally omitting from the Cabinet that the 7.5percent per annum was an additional interest rate on the land price.
The offences were allegedly committed at the fourth floor of the Prime Minister's Office, Perdana Putra building in Putrajaya, between Sept 25 and Nov 6, 2002.
The trial of Phang on three counts of criminal breach of trust involving RM254.85mil was postponed until after the disposal of Dr Ling's trial.
During the trial, Dr Ling was seen in the company of his wife, Toh Puan Ena Ling, and their two sons, Hee Leong and Hee Kiat. - Bernama
Source : The Star
Related News : Nor Mohamed changes testimony over support letter
The prosecution offered 113 witnesses to the defence, among them two former prime ministers Tun Dr Mahathir Mohamad and Tun Abdullah Ahmad Badawi and several Cabinet ministers.
Defence lawyer Wong Kian Kheong told the court that he intended to call Datuk Seri Najib Tun Razak as a witness in the event Dr Ling is called to make his defence because the prime minister had chaired a Cabinet meeting in 2007 in place of Abdullah when he (Najib) was the deputy prime minister.
Deputy Public Prosecutor Datuk Tun Abdul Majid Tun Hamzah said the defence would have to make an application to call Najib as a witness and it was up to the prime minister to decide whether to turn up as a witness.
The prosecution closed its case today after having called 25 witnesses, among them several former ministers, investigating officers, former senior officers of the transport ministry and former Port Klang Authority general manager O.C. Phang.
The case, before Judge Datuk Ahmadi Asnawi, began on Aug 1 and involved 173 exhibits.
Dr Ling was first charged on July 29 last year in the Putrajaya Sessions Court and was allowed bail of RM1mil after he pleaded not guilty.
Wong then applied to the court to have the case transferred to the High Court, arguing that it was a high profile case.
Dr Ling, 68, is charged with cheating the government by not disclosing to the Cabinet an additional interest rate of 7.5percent per annum on the purchase price of the land for the PKFZ project, which had been fixed at RM1,088,456,000 by the Valuation and Property Services Department (JPPH) based on RM25 per sq ft inclusive of the coupon/interest rate.
He also faces two alternative charges, of cheating and intentionally omitting from the Cabinet that the 7.5percent per annum was an additional interest rate on the land price.
The offences were allegedly committed at the fourth floor of the Prime Minister's Office, Perdana Putra building in Putrajaya, between Sept 25 and Nov 6, 2002.
The trial of Phang on three counts of criminal breach of trust involving RM254.85mil was postponed until after the disposal of Dr Ling's trial.
During the trial, Dr Ling was seen in the company of his wife, Toh Puan Ena Ling, and their two sons, Hee Leong and Hee Kiat. - Bernama
Source : The Star
Related News : Nor Mohamed changes testimony over support letter
Wednesday, November 16, 2011
Nor Mohamed changes testimony over support letter
Minister in the Prime Minister’s Department Tan Sri Nor Mohamed Yakcop has changed his testimony in the High Court over the issue of a “letter of support” by former Transport Minister Tun Dr Ling Liong Sik by agreeing with the defence that it was not a guarantee letter.
Nor Mohamed, who was former Finance Minister II, agreed that Ling’s letter of support (for bonds issued by Special Port Vehicle Bhd (SPVB)) could no longer be interpreted as a letter of guarantee in light of Attorney-General Tan Sri Abdul Gani Patail’s testimony at the Public Accounts Committee (PAC) inquiry into the Port Klang Free Zone (PKFZ) project on Aug 12, 2009.
He said this during his cross-examination by Dr Ling’s counsel Wong Kian Kheong yesterday.
In the PAC report, Abdul Gani had given his legal opinion that Ling’s letter, dated May 28, 2003, did not amount to a guarantee letter as “it did not give any assurance that the Government would ensure that the Port Klang Authority (PKA) would fulfil the repayment amount, which is the balance consideration price including a 7.5% annual interest”.
Referring to the extracts of Cabinet minutes dated June 27, 2007, Nor Mohamed agreed with the defence that the meeting had considered the land purchase issue closed because it had received Cabinet approval in 2002, and what it was concerned with was how costs which had not yet received approval would be handled.
Later, during re-examination by deputy public prosecutor Tun Abd Majid Hamzah, Nor Mohamed said the Finance Ministry had taken the letter of support to mean a guarantee letter as the Malaysian Rating Corporation Berhad (MARC) had given the bonds an AAA rating, thinking that the letter was a government guarantee.
“So we thought the letter had elements of being a guarantee,” he said.
The issue of the guarantee letter came up last week after witness Mohd Izzuddin Yusof, who was formerly with MARC, testified that the letter of support from Dr Ling had been instrumental in securing the top-tier rating for the bonds.
On Monday, Nor Mohamed had stressed that only the Finance Ministry could issue a letter of support with the Cabinet’s approval.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not revealing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land bought at RM25 psf and 7.5% interest were certified and agreed to by the Valuation and Property Services Department when he knew there was no such consent.
Dr Ling is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
Source : The Star
Related News : Retrospective approval for PKFZ land purchase due to rise in costs, says minister
Nor Mohamed, who was former Finance Minister II, agreed that Ling’s letter of support (for bonds issued by Special Port Vehicle Bhd (SPVB)) could no longer be interpreted as a letter of guarantee in light of Attorney-General Tan Sri Abdul Gani Patail’s testimony at the Public Accounts Committee (PAC) inquiry into the Port Klang Free Zone (PKFZ) project on Aug 12, 2009.
He said this during his cross-examination by Dr Ling’s counsel Wong Kian Kheong yesterday.
In the PAC report, Abdul Gani had given his legal opinion that Ling’s letter, dated May 28, 2003, did not amount to a guarantee letter as “it did not give any assurance that the Government would ensure that the Port Klang Authority (PKA) would fulfil the repayment amount, which is the balance consideration price including a 7.5% annual interest”.
Referring to the extracts of Cabinet minutes dated June 27, 2007, Nor Mohamed agreed with the defence that the meeting had considered the land purchase issue closed because it had received Cabinet approval in 2002, and what it was concerned with was how costs which had not yet received approval would be handled.
Later, during re-examination by deputy public prosecutor Tun Abd Majid Hamzah, Nor Mohamed said the Finance Ministry had taken the letter of support to mean a guarantee letter as the Malaysian Rating Corporation Berhad (MARC) had given the bonds an AAA rating, thinking that the letter was a government guarantee.
“So we thought the letter had elements of being a guarantee,” he said.
The issue of the guarantee letter came up last week after witness Mohd Izzuddin Yusof, who was formerly with MARC, testified that the letter of support from Dr Ling had been instrumental in securing the top-tier rating for the bonds.
On Monday, Nor Mohamed had stressed that only the Finance Ministry could issue a letter of support with the Cabinet’s approval.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not revealing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land bought at RM25 psf and 7.5% interest were certified and agreed to by the Valuation and Property Services Department when he knew there was no such consent.
Dr Ling is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
Source : The Star
Related News : Retrospective approval for PKFZ land purchase due to rise in costs, says minister
Tuesday, November 15, 2011
Retrospective approval for PKFZ land purchase due to rise in costs, says minister
The Cabinet made a retrospective approval for RM4.6bil from RM1.088bil due to the increase in development costs for the purchase of land for Port Klang Free Zone Project (PKFZ), the High Court heard.
Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz, who testified at Tun Dr Ling Liong Sik’s trial yesterday, said there was no amendment or revocation of the purchase in the 2007 Cabinet retrospective approval.
He also said some ministers had reservations over the project but admitted that he did not have any record of the disagreements. The decision to purchase PKFZ in 2002, he said, was a “collective Cabinet decision”.
Dr Ling, 68, has claimed trial to cheating the Government in relation to the PKFZ project.
The former transport minister also claimed trial to an alternative charge for similar cheating, which carries a lesser penalty.
Dr Ling is alleged to have deceived the Cabinet into giving its consent over the purchase in Pulau Indah according to the agreed terms between the Port Klang Authority and Kuala Dimensi Sdn Bhd, the turnkey contractor for the PKFZ project.
He is also accused of hiding facts and to have cheated when he was aware that the project could cause losses to the Government, which he was bound by a legal contract to protect.
He is accused of committing the offence at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
Earlier, Nazri agreed to a suggestion by Dr Ling’s lead counsel Wong Kian Kheong that the Cabinet gave its approval in 2002, although it was informed that the earlier amount of RM1.088bil did not include interests.
Nazri also agreed to all relevant minutes of Cabinet meetings on the question of whether the PKFZ land could be purchased or acquired.
He agreed that the prime minister had the power to bring any matters for discussion during the Cabinet meeting although it was outside its agenda.
To a question, Nazri said he was aware that the Cabinet had made a decision on matters upon getting a motion by a prime minister without any memorandum.
He agreed that the Cabinet had the right to make any decision without a memorandum.
He also agreed to Wong that among the reasons which caused the Cabinet to expedite the decision over that purchase of land was to make Port Klang the best port for the interest of the country, to face competition from two ports in Indonesia and Thailand and a study which showed that the project was viable economically.
Questioned by lead prosecutor Datuk Tun Abd Majid Tun Hamzah, Nazri said he had no doubts over the content of the minutes of meeting on the land for the project.
Meanwhile, former finance minister II Tan Sri Nor Mohamed Yakcop testified that he prepared a memorandum on June 22, 2007 over the purchase of the land.
Replying to Tun Abd Majid, he said he prepared it as the Cabinet had approved RM1.088bil for the purchase of the land, but the actual cost was RM4.6bil.
Therefore, said Nor Mohamed, who is now a Minister in the Prime Minister’s Department, the Finance Ministry felt an approval from the Cabinet was required.
He said there were also several matters of support issued by the Transport Ministry.
The trial before Justice Ahmadi Asnawi continues today.
Source : The Star
Related News : PKFZ: Nazri tells court some ministers opposed project
Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz, who testified at Tun Dr Ling Liong Sik’s trial yesterday, said there was no amendment or revocation of the purchase in the 2007 Cabinet retrospective approval.
He also said some ministers had reservations over the project but admitted that he did not have any record of the disagreements. The decision to purchase PKFZ in 2002, he said, was a “collective Cabinet decision”.
Dr Ling, 68, has claimed trial to cheating the Government in relation to the PKFZ project.
The former transport minister also claimed trial to an alternative charge for similar cheating, which carries a lesser penalty.
Dr Ling is alleged to have deceived the Cabinet into giving its consent over the purchase in Pulau Indah according to the agreed terms between the Port Klang Authority and Kuala Dimensi Sdn Bhd, the turnkey contractor for the PKFZ project.
He is also accused of hiding facts and to have cheated when he was aware that the project could cause losses to the Government, which he was bound by a legal contract to protect.
He is accused of committing the offence at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
Earlier, Nazri agreed to a suggestion by Dr Ling’s lead counsel Wong Kian Kheong that the Cabinet gave its approval in 2002, although it was informed that the earlier amount of RM1.088bil did not include interests.
Nazri also agreed to all relevant minutes of Cabinet meetings on the question of whether the PKFZ land could be purchased or acquired.
He agreed that the prime minister had the power to bring any matters for discussion during the Cabinet meeting although it was outside its agenda.
To a question, Nazri said he was aware that the Cabinet had made a decision on matters upon getting a motion by a prime minister without any memorandum.
He agreed that the Cabinet had the right to make any decision without a memorandum.
He also agreed to Wong that among the reasons which caused the Cabinet to expedite the decision over that purchase of land was to make Port Klang the best port for the interest of the country, to face competition from two ports in Indonesia and Thailand and a study which showed that the project was viable economically.
Questioned by lead prosecutor Datuk Tun Abd Majid Tun Hamzah, Nazri said he had no doubts over the content of the minutes of meeting on the land for the project.
Meanwhile, former finance minister II Tan Sri Nor Mohamed Yakcop testified that he prepared a memorandum on June 22, 2007 over the purchase of the land.
Replying to Tun Abd Majid, he said he prepared it as the Cabinet had approved RM1.088bil for the purchase of the land, but the actual cost was RM4.6bil.
Therefore, said Nor Mohamed, who is now a Minister in the Prime Minister’s Department, the Finance Ministry felt an approval from the Cabinet was required.
He said there were also several matters of support issued by the Transport Ministry.
The trial before Justice Ahmadi Asnawi continues today.
Source : The Star
Related News : PKFZ: Nazri tells court some ministers opposed project
Monday, November 14, 2011
PKFZ: Nazri tells court some ministers opposed project
Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz told the High Court here Monday, that many members of the Cabinet were against the Port Klang Free Zone (PKFZ) project.
This happened during a meeting in 2002, he said, adding that although there were no notes on it in any document or minutes of the meeting, he could still recall that many ministers opposed the project but, in the end, agreed to it for fear of it becoming a big issue.
"At the meeting, when the matter (PKFZ project) came up, many said that the project might not succeed. At that time, we did not want to interfere because the land price was high. RM1bil was a huge amount then (2002).
"Many knew the land was sold for RM25 per sq foot (psf)," he said when cross-examined by lawyer Wong Kian Kheong, who represented former Transport Minister Tun Dr Ling Liong Sik, who is charged with cheating the Malaysian Government.
Nazri, who was then the Entrepreneur Development Minister, said that some ministers felt that something was wrong with the project. Questioned by Wong whether he raised any objection to the Nov 6, 2002 Cabinet decision to purchase the land in Pulau Indah for the PKFZ project, Nazri, who is the 20th prosecution witness, said he brought up the matter, but did not protest.
Dr Ling, 68, is charged with cheating the government by not disclosing to the Cabinet an additional interest rate of 7.5 percent per annum on the purchase price of the land for the PKFZ project, which had been fixed at RM1,088,456,000 by the Valuation and Property Services Department (JPPH) based on RM25 per sq ft inclusive of the coupon/interest rate.
He also faces two alternative charges, of cheating and intentionally omitting from the Cabinet that the 7.5 percent per annum was an additional interest rate on the land price.
The offences were allegedly committed at the fourth floor of the Prime Minister's Office, Perdana Putra building in Putrajaya, between Sept 25 and Nov 6, 2002.
At the early stage of proceeding, Nazri told the court that to his understanding, the PKFZ project cost RM1.088bil, including interest.
He said the cabinet agreed to give a soft loan of RM4.6bil to the Port Klang Authority (PKA) in 2007 to save the PKFZ project.
"Five years earlier (in 2002 before the loan was given in 2007), we (cabinet) did not want the government's money to be involved because they (PKA) promised to use internal funds," he added.
Nazri said that had he known the project involved government funds in 2002, he would have opposed the project implementation.
When re-examined by deputy public prosecutor Datuk Tun Abdul Majid Tun Hamzah, Nazri said that the decision on the PKFZ project was made by the Cabinet and not by former prime minister Tun Dr Mahathir Mohamad.
Meanwhile, former Second Finance Minister Tan Sri Nor Mohamed Yakcop said that in 2005, the Transport Ministry had requested for financial assistance, but it was not approved. The hearing before Justice Datuk Ahmadi Asnawi continues Tuesday.
Source : The Star
Related News : Kuala Dimensi bonds issuance above board, says banker
This happened during a meeting in 2002, he said, adding that although there were no notes on it in any document or minutes of the meeting, he could still recall that many ministers opposed the project but, in the end, agreed to it for fear of it becoming a big issue.
"At the meeting, when the matter (PKFZ project) came up, many said that the project might not succeed. At that time, we did not want to interfere because the land price was high. RM1bil was a huge amount then (2002).
"Many knew the land was sold for RM25 per sq foot (psf)," he said when cross-examined by lawyer Wong Kian Kheong, who represented former Transport Minister Tun Dr Ling Liong Sik, who is charged with cheating the Malaysian Government.
Nazri, who was then the Entrepreneur Development Minister, said that some ministers felt that something was wrong with the project. Questioned by Wong whether he raised any objection to the Nov 6, 2002 Cabinet decision to purchase the land in Pulau Indah for the PKFZ project, Nazri, who is the 20th prosecution witness, said he brought up the matter, but did not protest.
Dr Ling, 68, is charged with cheating the government by not disclosing to the Cabinet an additional interest rate of 7.5 percent per annum on the purchase price of the land for the PKFZ project, which had been fixed at RM1,088,456,000 by the Valuation and Property Services Department (JPPH) based on RM25 per sq ft inclusive of the coupon/interest rate.
He also faces two alternative charges, of cheating and intentionally omitting from the Cabinet that the 7.5 percent per annum was an additional interest rate on the land price.
The offences were allegedly committed at the fourth floor of the Prime Minister's Office, Perdana Putra building in Putrajaya, between Sept 25 and Nov 6, 2002.
At the early stage of proceeding, Nazri told the court that to his understanding, the PKFZ project cost RM1.088bil, including interest.
He said the cabinet agreed to give a soft loan of RM4.6bil to the Port Klang Authority (PKA) in 2007 to save the PKFZ project.
"Five years earlier (in 2002 before the loan was given in 2007), we (cabinet) did not want the government's money to be involved because they (PKA) promised to use internal funds," he added.
Nazri said that had he known the project involved government funds in 2002, he would have opposed the project implementation.
When re-examined by deputy public prosecutor Datuk Tun Abdul Majid Tun Hamzah, Nazri said that the decision on the PKFZ project was made by the Cabinet and not by former prime minister Tun Dr Mahathir Mohamad.
Meanwhile, former Second Finance Minister Tan Sri Nor Mohamed Yakcop said that in 2005, the Transport Ministry had requested for financial assistance, but it was not approved. The hearing before Justice Datuk Ahmadi Asnawi continues Tuesday.
Source : The Star
Related News : Kuala Dimensi bonds issuance above board, says banker
Friday, November 11, 2011
Kuala Dimensi bonds issuance above board, says banker
Bonds issued by Kuala Dimensi Sdn Bhd (KDSB) through Special Port Vehicle Bhd (SPVB) had met all the legal requirements, and received the approval of the Securities Commission Malaysia (SC), the High Court was told.
Testifying in the trial of former Transport Minister Tun Dr Ling Liong Sik, who is facing charges over the Port Klang Free Zone (PKFZ) issue, former Malaysian International Merchant Bankers Bhd (MIMB) senior vice-president Ismadi Isenin agreed that the MIMB had found the bonds “commercially viable”.
Cross-examined by Dr Ling’s counsel Wong Kian Kheong, Ismadi also agreed that the SC had not pursued any case against SPVB for breaching any rules in their bond issuance, and that the trustees of the bonds also did not have any complaints on the matter.
MIMB, who is the primary subscriber of the bonds, bought the bonds at RM1.31bil, and then sold them to 17 secondary subscribers at RM1.35bil, making a profit of RM40mil.
MIMB was also the lead arranger and facility agent of the bonds.
Earlier, Mohd Izzuddin Yusof, formerly with the Malaysian Rating Corporation Berhad (MARC), testified during his examination-in-chief by DPP Adilla Ahmad that a letter of support from Dr Ling had helped secure a top-tier rating for the bonds raised.
“In my opinion, without the letter of support, it is possible that the rating given by MARC would be lower than AAA because the letter had a high weightage in determining the bond rating,” he said.
The bonds were issued to raise funds for the purchase of the 404.5ha land in Pulau Indah land, meant for the PKFZ project.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not revealing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land bought at RM25 psf and 7.5% interest were certified and agreed to by the Valuation and Property Services Department when he knew there was no such consent.
Dr Ling is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
The hearing before Justice Ahmadi Asnawi continues on Monday.
Source : The Star
Related News : PKFZ: Chan claims trial to three amended charges
Testifying in the trial of former Transport Minister Tun Dr Ling Liong Sik, who is facing charges over the Port Klang Free Zone (PKFZ) issue, former Malaysian International Merchant Bankers Bhd (MIMB) senior vice-president Ismadi Isenin agreed that the MIMB had found the bonds “commercially viable”.
Cross-examined by Dr Ling’s counsel Wong Kian Kheong, Ismadi also agreed that the SC had not pursued any case against SPVB for breaching any rules in their bond issuance, and that the trustees of the bonds also did not have any complaints on the matter.
MIMB, who is the primary subscriber of the bonds, bought the bonds at RM1.31bil, and then sold them to 17 secondary subscribers at RM1.35bil, making a profit of RM40mil.
MIMB was also the lead arranger and facility agent of the bonds.
Earlier, Mohd Izzuddin Yusof, formerly with the Malaysian Rating Corporation Berhad (MARC), testified during his examination-in-chief by DPP Adilla Ahmad that a letter of support from Dr Ling had helped secure a top-tier rating for the bonds raised.
“In my opinion, without the letter of support, it is possible that the rating given by MARC would be lower than AAA because the letter had a high weightage in determining the bond rating,” he said.
The bonds were issued to raise funds for the purchase of the 404.5ha land in Pulau Indah land, meant for the PKFZ project.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not revealing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land bought at RM25 psf and 7.5% interest were certified and agreed to by the Valuation and Property Services Department when he knew there was no such consent.
Dr Ling is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
The hearing before Justice Ahmadi Asnawi continues on Monday.
Source : The Star
Related News : PKFZ: Chan claims trial to three amended charges
Thursday, November 10, 2011
Two cops charged with bribery
Two policemen claimed trial in a magistrate’s court here with asking for and receiving an RM800 bribe from two men.
Konst Shaiful Azmi Zakaria, 32, and Konst Mohamad Izranazezi Ismail, 23, are jointly charged with asking for the bribe from Seng Thean Sun as an inducement not to take action against him for driving a modified car.
They are alleged to have committed the offence at about 10.30am in Jalan Kampung Jawa Baru on Jan 10.
The offence under Section 16(a)(B) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is punishable under Section 24 with a jail term of up to 20 years and a fine of not less than five times the amount of bribe or RM10,000, whichever is higher.
They are also charged with receiving an RM800 bribe from Mohd Khairi Haron at 1.40pm on the same day in Jelutong as an inducement not to take action against Seng.
The charge under Section 17(a) of the MACC Act 2009 is also punishable under Section 24.
Magistrate Siti Salwa Ja’afar set bail at RM5,000 each with one surety and fixed Dec 16 for mention.
Source : The Star
Konst Shaiful Azmi Zakaria, 32, and Konst Mohamad Izranazezi Ismail, 23, are jointly charged with asking for the bribe from Seng Thean Sun as an inducement not to take action against him for driving a modified car.
They are alleged to have committed the offence at about 10.30am in Jalan Kampung Jawa Baru on Jan 10.
The offence under Section 16(a)(B) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is punishable under Section 24 with a jail term of up to 20 years and a fine of not less than five times the amount of bribe or RM10,000, whichever is higher.
They are also charged with receiving an RM800 bribe from Mohd Khairi Haron at 1.40pm on the same day in Jelutong as an inducement not to take action against Seng.
The charge under Section 17(a) of the MACC Act 2009 is also punishable under Section 24.
Magistrate Siti Salwa Ja’afar set bail at RM5,000 each with one surety and fixed Dec 16 for mention.
Source : The Star
Friday, November 4, 2011
PKFZ: Chan claims trial to three amended charges
Former Transport Minister Tan Sri Chan Kong Choy claimed trial at the KL High Court on Friday to three amended cheating charges in relation to the Port Klang Free Zone (PKFZ) scandal.
Under the amended charges, Chan is accused of deceiving former premier Tun Abdullah Ahmad Badawi into approving Kuala Dimensi Sdn Bhd as the turnkey developer to carry out the transshipment hub, with his support as the then Transport Minister.
He is accused of hiding the fact that the development cost would be financed through a bond by Kuala Dimensi Sdn Bhd via Transshipment Megahub Bhd.
He is said to have committed the offence at the Prime Minister's Office in Putrajaya between Feb 24, 2004 and March 29, 2006.
High Court judge Justice Zamani Abdul Rahim set trial from April 2 next year.
Source : The Star
Related News : Govt fails in bid to seize assets in case related to PKFZ scandal
Under the amended charges, Chan is accused of deceiving former premier Tun Abdullah Ahmad Badawi into approving Kuala Dimensi Sdn Bhd as the turnkey developer to carry out the transshipment hub, with his support as the then Transport Minister.
He is accused of hiding the fact that the development cost would be financed through a bond by Kuala Dimensi Sdn Bhd via Transshipment Megahub Bhd.
He is said to have committed the offence at the Prime Minister's Office in Putrajaya between Feb 24, 2004 and March 29, 2006.
High Court judge Justice Zamani Abdul Rahim set trial from April 2 next year.
Source : The Star
Related News : Govt fails in bid to seize assets in case related to PKFZ scandal
Govt fails in bid to seize assets in case related to PKFZ scandal
The High Court here has dismissed an application filed by the Government to seize assets totalling more than RM37mil in cash and cheques, and four pieces of land, belonging to seven companies and two individuals, including Bintulu MP Datuk Seri Tiong King Sing, in a case related to the Port Klang Free Zone (PKFZ) scandal.
High Court judge Justice Datuk Ghazali Cha ruled that the applicant had failed to prove the assets were obtained from unlawful activities under Section 4(1) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
He said that as such, he was rejecting the application to seize under Section 56 of the same Act and ordered the assets to be returned to the seven companies and two individuals.
Ghazali also dismissed an application of the federal counsel to defer his decision.
On Nov 23 last year, the government had applied for property belonging to Tiong and Law Ka Hing as well as Kuala Dimensi Sdn Bhd (KDSB), Transshipment Megahub Berhad, Coastal Skyline Sdn Bhd, Wijaya Baru Aviation Sdn Bhd, Wijaya Baru Sdn Bhd, Wijaya Baru Construction Sdn Bhd and the Selangor State Development Corporation (PKNS) to be sealed and forfeited.
Source : The Star
Related News : Effendi: No report lodged against Ling by ministers
High Court judge Justice Datuk Ghazali Cha ruled that the applicant had failed to prove the assets were obtained from unlawful activities under Section 4(1) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.
He said that as such, he was rejecting the application to seize under Section 56 of the same Act and ordered the assets to be returned to the seven companies and two individuals.
Ghazali also dismissed an application of the federal counsel to defer his decision.
On Nov 23 last year, the government had applied for property belonging to Tiong and Law Ka Hing as well as Kuala Dimensi Sdn Bhd (KDSB), Transshipment Megahub Berhad, Coastal Skyline Sdn Bhd, Wijaya Baru Aviation Sdn Bhd, Wijaya Baru Sdn Bhd, Wijaya Baru Construction Sdn Bhd and the Selangor State Development Corporation (PKNS) to be sealed and forfeited.
Source : The Star
Related News : Effendi: No report lodged against Ling by ministers
Thursday, November 3, 2011
Lorry driver held for trying to bribe cop
Police have apprehended a lorry driver for trying to bribe a traffic policeman at a roadblock near Batu Kawah on Tuesday.
The driver, a 33-year-old man from Taman Mei Mei Stakan, was ferrying diesel when he was stopped at the roadblock.
The policeman checked his permit and found that it had expired on Nov 28, 2008.
The driver tried to buy his way out by offering RM100 to the policeman, who insisted on issuing a summons.
It is believed that the driver kept asking the policeman to keep the money and let him go and this led to his detention.
The driver will be referred to the Malaysia Anti-Corruption Commi–ssion for further action.
Source : The Star
The driver, a 33-year-old man from Taman Mei Mei Stakan, was ferrying diesel when he was stopped at the roadblock.
The policeman checked his permit and found that it had expired on Nov 28, 2008.
The driver tried to buy his way out by offering RM100 to the policeman, who insisted on issuing a summons.
It is believed that the driver kept asking the policeman to keep the money and let him go and this led to his detention.
The driver will be referred to the Malaysia Anti-Corruption Commi–ssion for further action.
Source : The Star
Malaysia improves significantly in global bribe survey
Though Malaysian companies performed below the global average in the Bribe Payers Index (BPI) released by Transparency International Malaysia (TI), it has improved significantly from the last time it was rated in 2006.
Malaysia scored 7.6 out of 10, below the 7.8 average global score measuring the likelihood of companies giving bribes in overseas deals.
Malaysia scored 5.6 out of 10 the last time.
The survey, conducted from May 5 to July 8, measured countries whose companies were more likely to give bribes closer to zero points while those that were less inclined to giving bribes scored closer to 10.
TI president Datuk Paul Low said Malaysia’s score had improved significantly from the last time it was rated but stressed that the current score indicated that more needed to be done.
“Malaysia seems to hover just over or below the average every time. It just shows that there is still room to improve,” he said when launching the BPI yesterday.
Low said the sectors worst affected by corruption were construction, forestry and defence procurements while the worst sectors globally were oil and gas, manufacturing and public works, contracts and construction.
He acknowledged that local companies had made a move to fight graft but pointed out that this needed Government support in formulating strict laws.
The BPI findings are expected to be tabled at a roundtable integrity meeting scheduled for next month between the nation’s various business players and enforcement authorities.
Source : The Star
Malaysia scored 7.6 out of 10, below the 7.8 average global score measuring the likelihood of companies giving bribes in overseas deals.
Malaysia scored 5.6 out of 10 the last time.
The survey, conducted from May 5 to July 8, measured countries whose companies were more likely to give bribes closer to zero points while those that were less inclined to giving bribes scored closer to 10.
TI president Datuk Paul Low said Malaysia’s score had improved significantly from the last time it was rated but stressed that the current score indicated that more needed to be done.
“Malaysia seems to hover just over or below the average every time. It just shows that there is still room to improve,” he said when launching the BPI yesterday.
Low said the sectors worst affected by corruption were construction, forestry and defence procurements while the worst sectors globally were oil and gas, manufacturing and public works, contracts and construction.
He acknowledged that local companies had made a move to fight graft but pointed out that this needed Government support in formulating strict laws.
The BPI findings are expected to be tabled at a roundtable integrity meeting scheduled for next month between the nation’s various business players and enforcement authorities.
Source : The Star
Wednesday, November 2, 2011
Politician, single mum freed over RM50,000 bribe for "Datuk" award
The Sessions Court acquitted and discharged a single mother and a politician over a RM50,000 bribe for a "Datuk" award.
Judge Rosbiahanin Ariffin freed Nor Azimah Jamaludin, 31, and Rantau Panjang PKR chief Mohammad Agos Mohd Noor, 52, without calling for their defence.
Nor Azimah had been charged under the Malaysian Anti-Corruption Commission (MACC) Act with accepting the bribe in the form of a cheque dated Dec 7, 2010, from one Izuldin Hani Mohd Noor at a restaurant in Taman Melati here on Dec 8 last year.
On an alternative charge, Nor Azimah had been charged with deceiving Izuldin Hani into believing that she could obtain the award, from the Persatuan Kerabat Diraja Duli Yang Maha Mulia Long Yunus Negeri Kelantan, when it was contrary to the Kelantan constitution.
Mohammad Agos had been charged with abetting Nor Azimah in the alleged crime. On an alternative charge, he had been charged with abetting Nor Azimah by deceiving Izuldin Hani into believing that Nor Azimah could obtain the award when it was actually contrary to the Kelantan constitution.
Twenty-two witnesses testified at the trial. BERNAMA
Source : The Star
Judge Rosbiahanin Ariffin freed Nor Azimah Jamaludin, 31, and Rantau Panjang PKR chief Mohammad Agos Mohd Noor, 52, without calling for their defence.
Nor Azimah had been charged under the Malaysian Anti-Corruption Commission (MACC) Act with accepting the bribe in the form of a cheque dated Dec 7, 2010, from one Izuldin Hani Mohd Noor at a restaurant in Taman Melati here on Dec 8 last year.
On an alternative charge, Nor Azimah had been charged with deceiving Izuldin Hani into believing that she could obtain the award, from the Persatuan Kerabat Diraja Duli Yang Maha Mulia Long Yunus Negeri Kelantan, when it was contrary to the Kelantan constitution.
Mohammad Agos had been charged with abetting Nor Azimah in the alleged crime. On an alternative charge, he had been charged with abetting Nor Azimah by deceiving Izuldin Hani into believing that Nor Azimah could obtain the award when it was actually contrary to the Kelantan constitution.
Twenty-two witnesses testified at the trial. BERNAMA
Source : The Star
Tuesday, November 1, 2011
Value on Khir’s property was unreasonable, witness tells court
The High Court here was told that the RM6.5mil price tag on former Selangor Mentri Besar Datuk Seri Dr Mohd Khir Toyo’s property was unreasonable.
Property valuer Iramy Ahmad, 48, testified that the figure was “too high” for the two plots of land and a bungalow.
The witness, who was examined by defence lawyer Datuk Jahaberdeen Mohamed Yunoos, said his firm Irhamy & Co had used the comparison method in evaluating the properties in 2005 and came up with a RM4.3mil figure.
He said he had visited the house just after its completion and that the bungalow was already occupied at that time.
Iramy is the fourth defence witness testifying in the trial of 45-year-old Dr Khir, who is charged with knowingly purchasing two pieces of land and a bungalow in Section 7 here at a much lower price than its actual value from Ditamas Sdn Bhd director Shamsuddin Hayroni in 2007.
The property was bought at RM3.5mil although Ditamas had bought it for RM6.5mil on Dec 23, 2004.
Dr Khir had allegedly committed the offence at the Selangor Mentri Besar’s official residence on May 29, 2007.
Cross-examined by Deputy Public Prosecutor Mohd Dusuki Mokhtar, Iramy agreed that similar properties must be used as variables when evaluating using the comparison method.
Mohd Dusuki: But there is no definition of “similar properties”?
Iramy: Agreed.
Mohd Dusuki: But logically, similar properties would be something “as close as possible” (to Dr Khir’s properties) in terms of locality and the property itself?
Iramy: Yes.
The witness disagreed when it was suggested that the comparables used in his valuation was not “as close as possible”.
Iramy added that there were instances where valuers used their own judgment to determine market value as the Valuation and Property Services Department used to be late in relaying data to use as comparables.
“Back then, if the data was meant for December, it would only be processed five months later. This is where you need to use your own judgment for market value. But now, the process is much faster,” he said.
The hearing continues today.
Source : The Star
Related News : RM6.5mil price for Khir Toyo’s house is too high: Valuer
Property valuer Iramy Ahmad, 48, testified that the figure was “too high” for the two plots of land and a bungalow.
The witness, who was examined by defence lawyer Datuk Jahaberdeen Mohamed Yunoos, said his firm Irhamy & Co had used the comparison method in evaluating the properties in 2005 and came up with a RM4.3mil figure.
He said he had visited the house just after its completion and that the bungalow was already occupied at that time.
Iramy is the fourth defence witness testifying in the trial of 45-year-old Dr Khir, who is charged with knowingly purchasing two pieces of land and a bungalow in Section 7 here at a much lower price than its actual value from Ditamas Sdn Bhd director Shamsuddin Hayroni in 2007.
The property was bought at RM3.5mil although Ditamas had bought it for RM6.5mil on Dec 23, 2004.
Dr Khir had allegedly committed the offence at the Selangor Mentri Besar’s official residence on May 29, 2007.
Cross-examined by Deputy Public Prosecutor Mohd Dusuki Mokhtar, Iramy agreed that similar properties must be used as variables when evaluating using the comparison method.
Mohd Dusuki: But there is no definition of “similar properties”?
Iramy: Agreed.
Mohd Dusuki: But logically, similar properties would be something “as close as possible” (to Dr Khir’s properties) in terms of locality and the property itself?
Iramy: Yes.
The witness disagreed when it was suggested that the comparables used in his valuation was not “as close as possible”.
Iramy added that there were instances where valuers used their own judgment to determine market value as the Valuation and Property Services Department used to be late in relaying data to use as comparables.
“Back then, if the data was meant for December, it would only be processed five months later. This is where you need to use your own judgment for market value. But now, the process is much faster,” he said.
The hearing continues today.
Source : The Star
Related News : RM6.5mil price for Khir Toyo’s house is too high: Valuer
Monday, October 31, 2011
RM6.5mil price for Khir Toyo’s house is too high: Valuer
A professional property valuer told the High Court here on Monday that the RM6.5mil price tag on former Selangor Mentri Besar Dr Mohd Khir Toyo's house and land was an unreasonable figure.
Iramy Ahmad, 48, testified that as a valuer, the RM6.5mil figure was too high' for the two plots of land and a bungalow.
The witness, who was examined by defence lawyer Datuk Jahaberdeen Mohamed Yunoos, said his firm Irhamy & Co had used the comparison method in valuating the properties in 2005 and came up with a RM4.3mil figure.
He said he had visited the house just after its completion and the bungalow was already occupied.
Iramy is the fourth defence witness testifying in the trial of the 45-year-old Dr Khir, who is charged with knowingly purchasing two pieces of land and a bungalow in Section 7 here at a much lower price than its original value from Ditamas Sdn Bhd director Shamsuddin Hayroni in 2007.
The property was purchased at RM3.5mil although Ditamas had bought it for RM6.5mil on December 23, 2004.
Dr Khir allegedly committed the offence at the Selangor Mentri Besar's official residence on May 29, 2007.
When cross-examined by deputy public prosecutor Mohd Dusuki Mokhtar, Iramy agreed that to enable comparison method, similar properties must be used as variables.
Mohd Dusuki: But there is no definition of similar properties'?
Iramy: Agreed.
Mohd Dusuki: But logically, similar properties would be something as close as possible' (to Dr Khir's properties) in terms of locality and the property itself?
Iramy: Yes.
The witness disagreed when it was suggested that the comparables used in his valuation was not as close as possible'.
Iramy added that there were instances where valuers need to use their own judgement of market value as there the Valuation and Property Services Department (JPPH) were late in relaying data to use as comparables.
“Back then, if the data was meant for December, it would only be processed five months later. This is where you need to use your own judgement for market value.
“But now the process is much faster,” he said.
The hearing continues Tuesday
Source : The Star
Related News : Khir Toyo trial: Contractor didn't deliver, former S'gor MB tells court
Iramy Ahmad, 48, testified that as a valuer, the RM6.5mil figure was too high' for the two plots of land and a bungalow.
The witness, who was examined by defence lawyer Datuk Jahaberdeen Mohamed Yunoos, said his firm Irhamy & Co had used the comparison method in valuating the properties in 2005 and came up with a RM4.3mil figure.
He said he had visited the house just after its completion and the bungalow was already occupied.
Iramy is the fourth defence witness testifying in the trial of the 45-year-old Dr Khir, who is charged with knowingly purchasing two pieces of land and a bungalow in Section 7 here at a much lower price than its original value from Ditamas Sdn Bhd director Shamsuddin Hayroni in 2007.
The property was purchased at RM3.5mil although Ditamas had bought it for RM6.5mil on December 23, 2004.
Dr Khir allegedly committed the offence at the Selangor Mentri Besar's official residence on May 29, 2007.
When cross-examined by deputy public prosecutor Mohd Dusuki Mokhtar, Iramy agreed that to enable comparison method, similar properties must be used as variables.
Mohd Dusuki: But there is no definition of similar properties'?
Iramy: Agreed.
Mohd Dusuki: But logically, similar properties would be something as close as possible' (to Dr Khir's properties) in terms of locality and the property itself?
Iramy: Yes.
The witness disagreed when it was suggested that the comparables used in his valuation was not as close as possible'.
Iramy added that there were instances where valuers need to use their own judgement of market value as there the Valuation and Property Services Department (JPPH) were late in relaying data to use as comparables.
“Back then, if the data was meant for December, it would only be processed five months later. This is where you need to use your own judgement for market value.
“But now the process is much faster,” he said.
The hearing continues Tuesday
Source : The Star
Related News : Khir Toyo trial: Contractor didn't deliver, former S'gor MB tells court
Tuesday, October 18, 2011
Sarawwak CM asked to testify
Sarawak Chief Minister Tan Sri Abdul Taib Mahmud will be subpoenaed to testify in a RM100mil mutaah (gifts) claim filed by his former daughter-in-law Datin Seri Shahnaz A. Majid against his eldest son.
Her counsel Dr Mohd Rafie Mohd Shafie informed the court that Abdul Taib would be among seven witnesses to be called to give evidence at the Syariah High Court here.
He said Abdul Taib had first-hand knowledge and knew the problems between his eldest son Datuk Seri Mahmud Abu Bekir Abdul Taib, the defendant, and Shahnaz.
“Abdul Taib knew the problem as both the plaintiff and defendant lived next to his house and in the same compound,” he told Syariah High Court chief judge Datuk Muhamad Abdullah yesterday.
Shahnaz was represented by Dr Mohd Rafie and Akbardin Abdul Kader while Mahmud Abu Bekir’s lawyers were Datuk Zainul Rijal Abu Bakar and Sa’adiah Din.
Earlier, Zainul said the defendant could not be present in court as he had company matters to attend to.
Dr Mohd Rafie said both the plaintiff and defendant should attend court proceedings unless the court gave consent for the defendant not to be present.
Muhamad warned the defendant to turn up in court, failing which a warrant of arrest would be issued against him.
He then fixed for three days beginning Jan 16 to hear the claim.
On Feb 21, Shahnaz, the sister of jazz singer Datuk Sheila Majid, filed applications to get RM300mil in matrimonial property and RM100mil in gifts (mutaah) as a divorce settlement.
She is claiming for 50% of all assets such as luxury cars, houses in various locations and land in Sarawak, and shares.
In asking for RM100mil in gifts, she said Mahmud Abu Bekir had the capability to pay her to enable her to start her life afresh, adding that they were married on Jan 9, 1992 and had been separated for the past 11 years before divorcing on May 11.
Source : The Star
Related News : Taib denies allegations
Her counsel Dr Mohd Rafie Mohd Shafie informed the court that Abdul Taib would be among seven witnesses to be called to give evidence at the Syariah High Court here.
He said Abdul Taib had first-hand knowledge and knew the problems between his eldest son Datuk Seri Mahmud Abu Bekir Abdul Taib, the defendant, and Shahnaz.
“Abdul Taib knew the problem as both the plaintiff and defendant lived next to his house and in the same compound,” he told Syariah High Court chief judge Datuk Muhamad Abdullah yesterday.
Shahnaz was represented by Dr Mohd Rafie and Akbardin Abdul Kader while Mahmud Abu Bekir’s lawyers were Datuk Zainul Rijal Abu Bakar and Sa’adiah Din.
Earlier, Zainul said the defendant could not be present in court as he had company matters to attend to.
Dr Mohd Rafie said both the plaintiff and defendant should attend court proceedings unless the court gave consent for the defendant not to be present.
Muhamad warned the defendant to turn up in court, failing which a warrant of arrest would be issued against him.
He then fixed for three days beginning Jan 16 to hear the claim.
On Feb 21, Shahnaz, the sister of jazz singer Datuk Sheila Majid, filed applications to get RM300mil in matrimonial property and RM100mil in gifts (mutaah) as a divorce settlement.
She is claiming for 50% of all assets such as luxury cars, houses in various locations and land in Sarawak, and shares.
In asking for RM100mil in gifts, she said Mahmud Abu Bekir had the capability to pay her to enable her to start her life afresh, adding that they were married on Jan 9, 1992 and had been separated for the past 11 years before divorcing on May 11.
Source : The Star
Related News : Taib denies allegations
Saturday, October 15, 2011
Effendi: No report lodged against Ling by ministers
No police report has ever been lodged by Cabinet ministers against Tun Dr Ling Liong Sik over the 404.5ha Pulau Indah land deal in the Port Klang Free Zone (PKFZ) project, a former minister told the High Court.
In taking the stand yesterday, former Agriculture Minister Datuk Seri Effendi Norwawi said as far as he was aware, no police report had ever been lodged against Dr Ling.
During cross-examination by Dr Ling’s counsel Wong Kian Kheong, Effendi said that neither was he aware of any complaint against the former Transport Minister for “cheating the Cabinet”.
Wong: My client is charged with cheating the Cabinet. Did you lodge a police report against him for cheating the Cabinet?
Effendi: No.
Wong: Did you tell the police my client cheated over the PKFZ project?
Effendi: No.
Effendi also told the court that he was only interviewed by the police about a month ago (after the trial had begun).
Asked by Wong, he also agreed that the financial matters (including figures, expenditure and Budget) were all under the purview of the Finance Ministry and that if a project was not financially viable, it was up to that ministry to object to it.
When questioned by DPP Manoj Kurup on whether he understood the meaning of Discounted Cash Flow at a target rate of 8.25% as stated in the Valuation and Property Services Department (JPPH) valuation report, Effendi said that it was a way of finding today’s value (Net Present Value) of amounts to be paid in the future.
Asked about the 6% coupon rate, he said that as the project would have been funded by the issuance of bonds, the 6% is the returns for the investors of the bonds meaning that it would have to be paid to the bondholders.
JPPH deputy director-general Datuk Mani Usilappan had previously testified that a RM25 psf price consideration (for the land) could be used for the purpose of Bond issuance when read together with the 10-year repayment period with a yearly 6% interest and a 5% deposit.
Net present value of the land had been fixed at RM21 psf.
As long as any deferred payment scheme reflected the RM21 psf price when discounted back at a rate of 8.25%, it captured the essence of the JPPH valuation report.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not revealing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchased at RM25 psf and 7.5% interest were certified and agreed to by JPPH when he knew there was no such consent.
Dr Ling is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
The hearing before Justice Ahmadi Asnawi continues on Nov 10.
Source : The Star
Related News : No complaint of Dr Ling lying in PKFZ project, says former minister
In taking the stand yesterday, former Agriculture Minister Datuk Seri Effendi Norwawi said as far as he was aware, no police report had ever been lodged against Dr Ling.
During cross-examination by Dr Ling’s counsel Wong Kian Kheong, Effendi said that neither was he aware of any complaint against the former Transport Minister for “cheating the Cabinet”.
Wong: My client is charged with cheating the Cabinet. Did you lodge a police report against him for cheating the Cabinet?
Effendi: No.
Wong: Did you tell the police my client cheated over the PKFZ project?
Effendi: No.
Effendi also told the court that he was only interviewed by the police about a month ago (after the trial had begun).
Asked by Wong, he also agreed that the financial matters (including figures, expenditure and Budget) were all under the purview of the Finance Ministry and that if a project was not financially viable, it was up to that ministry to object to it.
When questioned by DPP Manoj Kurup on whether he understood the meaning of Discounted Cash Flow at a target rate of 8.25% as stated in the Valuation and Property Services Department (JPPH) valuation report, Effendi said that it was a way of finding today’s value (Net Present Value) of amounts to be paid in the future.
Asked about the 6% coupon rate, he said that as the project would have been funded by the issuance of bonds, the 6% is the returns for the investors of the bonds meaning that it would have to be paid to the bondholders.
JPPH deputy director-general Datuk Mani Usilappan had previously testified that a RM25 psf price consideration (for the land) could be used for the purpose of Bond issuance when read together with the 10-year repayment period with a yearly 6% interest and a 5% deposit.
Net present value of the land had been fixed at RM21 psf.
As long as any deferred payment scheme reflected the RM21 psf price when discounted back at a rate of 8.25%, it captured the essence of the JPPH valuation report.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not revealing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchased at RM25 psf and 7.5% interest were certified and agreed to by JPPH when he knew there was no such consent.
Dr Ling is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
The hearing before Justice Ahmadi Asnawi continues on Nov 10.
Source : The Star
Related News : No complaint of Dr Ling lying in PKFZ project, says former minister
Friday, October 14, 2011
No complaint of Dr Ling lying in PKFZ project, says former minister
Former Agriculture Minister Datuk Seri Mohd Effendi Norwawi told the High Court that he never received complaints of Tun Dr Ling Liong Sik lying over the Port Klang Free Zone (PKFZ) project.
He said he had also never made any police report against Dr Ling for lying.
Mohd Effendi was being cross-examined by Dr Ling's counsel, Wong Kian Kheong.
Apart from that, he said two notes sent by the Transport Ministry to the Cabinet clearly stated that the interest rate was not included in the original price of the land in Pulau Indah.
He said normally, the ministers would be given a draft of the minutes before a Cabinet meeting.
Under re-examination by DPP Manoj Kurup, Mohd Effendi said he did not know that the Port Klang Authority (PKA) and Kuala Dimensi Sdn Bhd (KDSB) had signed the sale and purchase agreement for the land on Nov 12, 2002.
Mohd Effendi, the 16th prosecution witness, said he had never seen or was shown the land valuation letter from the Valuation and Property Services Department (JPPH) which was prepared by the then director-general, Datuk Sahari Mahadi.
He said he was absent from the Cabinet meeting on Nov 6, 2002 and did not know about the decision to purchase the 400ha piece of land in Pulau Indah at RM25 per sq ft and with payment of up to 15 years.
Dr Ling is charged with cheating the Malaysian Government by not disclosing to the Cabinet an additional interest rate of 7.5 per cent per annum on the purchase price of the land for the PKFZ project, which had been fixed at RM1,088,456,000 by the Valuation and Property Services Department (JPPH) based on RM25 per sq inclusive of the coupon/interest rate. BERNAMA
Source : The Star
Related News : Change of mind not unusual at Cabinet meetings, says ex-minister
He said he had also never made any police report against Dr Ling for lying.
Mohd Effendi was being cross-examined by Dr Ling's counsel, Wong Kian Kheong.
Apart from that, he said two notes sent by the Transport Ministry to the Cabinet clearly stated that the interest rate was not included in the original price of the land in Pulau Indah.
He said normally, the ministers would be given a draft of the minutes before a Cabinet meeting.
Under re-examination by DPP Manoj Kurup, Mohd Effendi said he did not know that the Port Klang Authority (PKA) and Kuala Dimensi Sdn Bhd (KDSB) had signed the sale and purchase agreement for the land on Nov 12, 2002.
Mohd Effendi, the 16th prosecution witness, said he had never seen or was shown the land valuation letter from the Valuation and Property Services Department (JPPH) which was prepared by the then director-general, Datuk Sahari Mahadi.
He said he was absent from the Cabinet meeting on Nov 6, 2002 and did not know about the decision to purchase the 400ha piece of land in Pulau Indah at RM25 per sq ft and with payment of up to 15 years.
Dr Ling is charged with cheating the Malaysian Government by not disclosing to the Cabinet an additional interest rate of 7.5 per cent per annum on the purchase price of the land for the PKFZ project, which had been fixed at RM1,088,456,000 by the Valuation and Property Services Department (JPPH) based on RM25 per sq inclusive of the coupon/interest rate. BERNAMA
Source : The Star
Related News : Change of mind not unusual at Cabinet meetings, says ex-minister
Change of mind not unusual at Cabinet meetings, says ex-minister
It is normal for ministers to revise their decisions at Cabinet meetings after receiving more information from their officers, a former minister told the High Court.
This was a normal practice among ministers, said Datuk Seri Effendi Norwawi, who was testifying in the trial of former transport minister Tun Dr Ling Liong Sik here.
“Ministers do this. When our officers give us further information, we tell the Cabinet we would like to discuss the issue again in light of the new information.
“We do that,” he said during an examination-in-chief by deputy public prosecutor Manoj Kurup yesterday.
Effendi was the agriculture minister from 1999 to 2004.
He told the court that the Cabinet, at its meeting on Oct 2, 2002, did not have the Valuation and Property Services Department (JPPH) valuation before it when it made a decision to buy a 404.5ha land in Pulau Indah for the Port Klang Free Zone (PKFZ) project.
On Oct 9, the Cabinet put that decision on hold, pending the Finance Ministry's report based on a study by the Attorney-General's Chambers, to see if the purchase was legally feasible.
On Oct 16, Tun Dr Mahathir Mohamad, as Finance Minister, advised the Cabinet that the Attorney-General's Chambers had noted that there were encumbrances on the land and it was not appropriate to proceed with the purchase if the Government would be burdened with this problem.
The Finance Ministry was then asked to present the findings of the Attorney-General's Chambers to the Cabinet as soon as possible.
On Oct 23, the Cabinet made the decision, instead, to acquire the land.
However, on Nov 6, 2002, it reverted to its decision to buy the land.
JPPH deputy director-general Datuk Mani Usilappan had previously testified that a RM25 psf price consideration (for the land) could be used when read together with the 10-year repayment period with a yearly 6% interest and a 5% deposit.
Nett present value of the land was fixed at RM21 psf.
As long as any deferred payment scheme reflected the RM21 psf price when discounted back at a rate of 8.25%, it captured the essence of the JPPH valuation report.
In the sale and purchase agreement, the terms agreed to included the land being purchased at RM25 psf with a 7.5% interest rate for 15 years, with a 10% deposit.
Payment was to only start in the fifth year of the loan tenure.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not revealing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchased at RM25 psf and 7.5% interest were certified and agreed to by JPPH when he knew there was no such consent.
Dr Ling is said to have committed the offences at the Prime Minister's office in Putrajaya between Sept 25 and Nov 6, 2002.
The hearing continues before Justice Ahmadi Asnawi tomorrow.
Source : The Star
Related News : Phang: No letter received on inclusion of interest
This was a normal practice among ministers, said Datuk Seri Effendi Norwawi, who was testifying in the trial of former transport minister Tun Dr Ling Liong Sik here.
“Ministers do this. When our officers give us further information, we tell the Cabinet we would like to discuss the issue again in light of the new information.
“We do that,” he said during an examination-in-chief by deputy public prosecutor Manoj Kurup yesterday.
Effendi was the agriculture minister from 1999 to 2004.
He told the court that the Cabinet, at its meeting on Oct 2, 2002, did not have the Valuation and Property Services Department (JPPH) valuation before it when it made a decision to buy a 404.5ha land in Pulau Indah for the Port Klang Free Zone (PKFZ) project.
On Oct 9, the Cabinet put that decision on hold, pending the Finance Ministry's report based on a study by the Attorney-General's Chambers, to see if the purchase was legally feasible.
On Oct 16, Tun Dr Mahathir Mohamad, as Finance Minister, advised the Cabinet that the Attorney-General's Chambers had noted that there were encumbrances on the land and it was not appropriate to proceed with the purchase if the Government would be burdened with this problem.
The Finance Ministry was then asked to present the findings of the Attorney-General's Chambers to the Cabinet as soon as possible.
On Oct 23, the Cabinet made the decision, instead, to acquire the land.
However, on Nov 6, 2002, it reverted to its decision to buy the land.
JPPH deputy director-general Datuk Mani Usilappan had previously testified that a RM25 psf price consideration (for the land) could be used when read together with the 10-year repayment period with a yearly 6% interest and a 5% deposit.
Nett present value of the land was fixed at RM21 psf.
As long as any deferred payment scheme reflected the RM21 psf price when discounted back at a rate of 8.25%, it captured the essence of the JPPH valuation report.
In the sale and purchase agreement, the terms agreed to included the land being purchased at RM25 psf with a 7.5% interest rate for 15 years, with a 10% deposit.
Payment was to only start in the fifth year of the loan tenure.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not revealing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchased at RM25 psf and 7.5% interest were certified and agreed to by JPPH when he knew there was no such consent.
Dr Ling is said to have committed the offences at the Prime Minister's office in Putrajaya between Sept 25 and Nov 6, 2002.
The hearing continues before Justice Ahmadi Asnawi tomorrow.
Source : The Star
Related News : Phang: No letter received on inclusion of interest
Wednesday, October 12, 2011
Phang: No letter received on inclusion of interest
Former Port Klang Authority (PKA) general manager O.C. Phang told the High Court that she never received any official letter stating that a RM25 psf land valuation on a piece of land in Pulau Indah was inclusive of interest.
When questioned on a letter she wrote on Nov 15, 2000, which had the various payment methods attached, she replied that it clearly showed that the price of the land was separate from the interest to be paid.
The 65-year-old testified in the trial of former Transport Minister Tun Dr Ling Liong Sik that she also did not receive any letter informing her of this from Kuala Dimensi Sdn Bhd (KDSB), the Finance Ministry, the Transport Ministry, or any other party.
Cross-examined by defence counsel Wong Kian Kheong, Phang – who had been involved in the PKFZ project since 1998 – said she only knew that the price was inclusive of interest in January this year.
Wong: You said two investigating officers (one is ASP Mohd Rosni Mohd Lazim) told you that interest is included in the price?
Phang: Yes.
Wong: Was it recorded in your 112 statement (a statement given to the police under Section 112 of the Evidence Act 1950)?
Phang: I don’t remember if it was recorded.
She said a letter dated June 29, 2002, and sent by Dr Ling to former Prime Minister Tun Dr Mahathir Mohamad, also stated the price was not inclusive of interest.
The letter was to inform that negotiations between the PKA and KDSB had been held on the land purchase based on conditions and terms agreed to by Valuation and Property Services Department (JPPH).
JPPH deputy director-general Datuk Mani Usilappan had previously testified that a RM25 psf price consideration (for the land) could be used when read together with the 10-year repayment period with a yearly 6% interest and a 5% deposit. Nett present value of the land had been fixed at RM21 psf.
As long as any deferred payment scheme reflected the RM21 psf price when discounted back at a rate of 8.25%, it captured the essence of the JPPH valuation report
In the sale and purchase agreement, the terms agreed to included the land being purchased at RM25 psf with a 7.5% interest rate for 15 years, with a 10% deposit. Payment was to only start in the fifth year of the loan tenure.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchase at RM25 psf and 7.5% interest were certified and agreed to by JPPH when he knew that there was no such consent.
He is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
The hearing continues before Justice Ahmadi Asnawi tomorrow.
Source : The Star
Related News : I didn’t know what bonds were, says former GM
When questioned on a letter she wrote on Nov 15, 2000, which had the various payment methods attached, she replied that it clearly showed that the price of the land was separate from the interest to be paid.
The 65-year-old testified in the trial of former Transport Minister Tun Dr Ling Liong Sik that she also did not receive any letter informing her of this from Kuala Dimensi Sdn Bhd (KDSB), the Finance Ministry, the Transport Ministry, or any other party.
Cross-examined by defence counsel Wong Kian Kheong, Phang – who had been involved in the PKFZ project since 1998 – said she only knew that the price was inclusive of interest in January this year.
Wong: You said two investigating officers (one is ASP Mohd Rosni Mohd Lazim) told you that interest is included in the price?
Phang: Yes.
Wong: Was it recorded in your 112 statement (a statement given to the police under Section 112 of the Evidence Act 1950)?
Phang: I don’t remember if it was recorded.
She said a letter dated June 29, 2002, and sent by Dr Ling to former Prime Minister Tun Dr Mahathir Mohamad, also stated the price was not inclusive of interest.
The letter was to inform that negotiations between the PKA and KDSB had been held on the land purchase based on conditions and terms agreed to by Valuation and Property Services Department (JPPH).
JPPH deputy director-general Datuk Mani Usilappan had previously testified that a RM25 psf price consideration (for the land) could be used when read together with the 10-year repayment period with a yearly 6% interest and a 5% deposit. Nett present value of the land had been fixed at RM21 psf.
As long as any deferred payment scheme reflected the RM21 psf price when discounted back at a rate of 8.25%, it captured the essence of the JPPH valuation report
In the sale and purchase agreement, the terms agreed to included the land being purchased at RM25 psf with a 7.5% interest rate for 15 years, with a 10% deposit. Payment was to only start in the fifth year of the loan tenure.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchase at RM25 psf and 7.5% interest were certified and agreed to by JPPH when he knew that there was no such consent.
He is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
The hearing continues before Justice Ahmadi Asnawi tomorrow.
Source : The Star
Related News : I didn’t know what bonds were, says former GM
Tuesday, October 11, 2011
I didn’t know what bonds were, says former GM
Former Port Klang Authority general manager Datin O.C. Phang told the High Court here that she did not know what bonds were.
Questioned by lead prosecutor DPP Datuk Tun Abd Majid Hamzah here, the 65-year-old homemaker said: “I don’t understand (about bonds). I asked my accountant, ‘do you know about bonds’, but he said he also did not know.”
She was the 14th prosecution witness testifying in the trial of former Transport Minister Tun Dr Ling Liong Sik who is accused of cheating the Government by misleading the Cabinet on a land acquisition involving the Port Klang Free Zone (PKFZ).
Phang said that during the course of the PKFZ project, she did not know a land evaluation, at RM25psf, involved the issuance of bonds.
“We did not talk about bonds (in our meetings). It did not come up at all,” she said.
Phang also admitted to only knowing what bonds were in January when an investigating officer, who started a probe into the PKFZ scandal, told her.
Valuation and Property Services Department (JPPH) deputy director-general Datuk Mani Usilappan had previously testified that a RM25psf price consideration (for the land) could be used when read together with the 10-year repayment period with a yearly 6% interest and a 5% deposit. Nett present value (NPV) of the land had been fixed at RM21psf.
In the sale and purchase agreement, the terms agreed to included the land being purchased at RM25psf with a 7.5% interest rate for 15 years, with a 10% deposit. Payment was to only start in the fifth year of the loan tenure.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchase at RM25psf and 7.5% interest were certified and agreed to by JPPH when he knew that there was no such consent.
He is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
The hearing continues today.
Source : The Star
Related News : Ex-Treasury man: I did not tell Dr M that PKFZ project not viable
Questioned by lead prosecutor DPP Datuk Tun Abd Majid Hamzah here, the 65-year-old homemaker said: “I don’t understand (about bonds). I asked my accountant, ‘do you know about bonds’, but he said he also did not know.”
She was the 14th prosecution witness testifying in the trial of former Transport Minister Tun Dr Ling Liong Sik who is accused of cheating the Government by misleading the Cabinet on a land acquisition involving the Port Klang Free Zone (PKFZ).
Phang said that during the course of the PKFZ project, she did not know a land evaluation, at RM25psf, involved the issuance of bonds.
“We did not talk about bonds (in our meetings). It did not come up at all,” she said.
Phang also admitted to only knowing what bonds were in January when an investigating officer, who started a probe into the PKFZ scandal, told her.
Valuation and Property Services Department (JPPH) deputy director-general Datuk Mani Usilappan had previously testified that a RM25psf price consideration (for the land) could be used when read together with the 10-year repayment period with a yearly 6% interest and a 5% deposit. Nett present value (NPV) of the land had been fixed at RM21psf.
In the sale and purchase agreement, the terms agreed to included the land being purchased at RM25psf with a 7.5% interest rate for 15 years, with a 10% deposit. Payment was to only start in the fifth year of the loan tenure.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchase at RM25psf and 7.5% interest were certified and agreed to by JPPH when he knew that there was no such consent.
He is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
The hearing continues today.
Source : The Star
Related News : Ex-Treasury man: I did not tell Dr M that PKFZ project not viable
Monday, October 10, 2011
Ex-Treasury man: I did not tell Dr M that PKFZ project not viable
A retired senior Treasury official told the High Court that he had never informed the finance minister that a land deal for the Port Klang Free Zone (PKFZ) project was not economically viable.
Former Treasury deputy secretary-general Abdul Rahim Mokti (pic), testifying under cross-examination, was referring to former prime minister Tun Dr Mahathir Mohamad, who was also the finance minister in 2002. The deal involved a 404.5ha piece of land in Pulau Indah.
Questioned by lawyer Wong Kian Kheong (counsel for former transport minister Tun Dr Ling Liong Sik), Abdul Rahim said he had also not conveyed such an information to either his boss then – Treasury secretary-general Tan Sri Shamsudin Hitam – or the Port Klang Authority (PKA).
He, however, admitted that he was not aware until yesterday that the then Special Economic Adviser to the prime minister, Tan Sri Ali Abul Hassan, who had been tasked to look into the viability of the project, found it to be economically viable via the proposed land purchase – as reported to the Cabinet on Nov 6, 2002.
Neither did he convey such information to the Public Accounts Committee (PAC) nor the police when investigations were carried out over the PKFZ scandal.
Wong had also put it to him that his (Abdul Rahim’s) understanding there had been double-counting of interest – when the land was sold at RM25psf with a 7.5% interest rate – was wrong.
Abdul Rahim, who was also previously a PKA board member, disagreed.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing the facts on the land purchase at RM25psf and 7.5% interest were certified and agreed to by the Valuation and Property Services Department when he knew that there was no such consent.
He is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
Hearing continues on Monday.
Source : The Star
Related News : Retired Treasury official says bonds were issued over PKFZ land deal
Former Treasury deputy secretary-general Abdul Rahim Mokti (pic), testifying under cross-examination, was referring to former prime minister Tun Dr Mahathir Mohamad, who was also the finance minister in 2002. The deal involved a 404.5ha piece of land in Pulau Indah.
Questioned by lawyer Wong Kian Kheong (counsel for former transport minister Tun Dr Ling Liong Sik), Abdul Rahim said he had also not conveyed such an information to either his boss then – Treasury secretary-general Tan Sri Shamsudin Hitam – or the Port Klang Authority (PKA).
He, however, admitted that he was not aware until yesterday that the then Special Economic Adviser to the prime minister, Tan Sri Ali Abul Hassan, who had been tasked to look into the viability of the project, found it to be economically viable via the proposed land purchase – as reported to the Cabinet on Nov 6, 2002.
Neither did he convey such information to the Public Accounts Committee (PAC) nor the police when investigations were carried out over the PKFZ scandal.
Wong had also put it to him that his (Abdul Rahim’s) understanding there had been double-counting of interest – when the land was sold at RM25psf with a 7.5% interest rate – was wrong.
Abdul Rahim, who was also previously a PKA board member, disagreed.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing the facts on the land purchase at RM25psf and 7.5% interest were certified and agreed to by the Valuation and Property Services Department when he knew that there was no such consent.
He is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
Hearing continues on Monday.
Source : The Star
Related News : Retired Treasury official says bonds were issued over PKFZ land deal
Sunday, October 9, 2011
Stopping the rot of graft
More people are coming forward to make reports on cases of bribery, not only on bribe takers but also the givers.
OUR garbage has not been collected for five days, the roads not swept for weeks and it is all because of corruption.”
Corruption has become such a big concern among Malaysians that it is even associated with something like uncollected rubbish.
Most Malaysians think the problem is so endemic in our society that it is impossible to eradicate and they are sceptical of the efforts being made to get rid of it.
“I think Malaysia must be the only country where everything that goes wrong is blamed on corruption,” says D. Ravindran, director of corruption NKRA at Pemandu (Performance Management and Delivery Unit), who cites the remark about uncollected rubbish and unswept streets to illustrate the challenge his unit faces in the fight against graft.
We wanted to raise awareness among the corporate sector that it is not acceptable to participate in any way, shape or form of bribery. - D. RAVINDRAN
Acknowledging the complexity of the problem, Ravindran concedes that its very nature makes it a challenge.
“Unlike the other NKRAs, you can't put a shape, form or frame around it. Anyone can get involved in corruption.”
And unlike in some of the other NKRAs, where a single ministry is positioned as the single authority steering the initiatives, you cannot put a face to the fight against corruption.
This war requires the collaborative effort of many ministries and agencies.
“Initially that was the biggest challenge how to get our hands around it.”
Hence, the first efforts involved establishing the building blocks fundamental to the fight, including setting up a cross-functional NKRA team to manage the initiatives.
Agent of change: MACC mascot Agen Lang celebrating the launch of an anti-corruption campaign with Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz (third from right) and MACC chief commissioner Datuk Seri Abu Kassim Mohamed (right). — Bernama
The driving force came at an opportune moment, Ravindran reveals.
“It soon became very evident that we were actually getting the political will from the top to make things happen.
“That not only gave us sufficient encouragement to keep going, but also provided the impetus for the building blocks to start falling into place. That has made it simpler for us to tackle the other aspects.”
The mechanisms established include the Whistleblower Protection Act, the Finance Ministry's integrity pact for government procurement and the establishment of special corruption courts.
Transparency International (TI) chairman Datuk Paul Low views the setting up of the corruption courts as the best achievement of the NKRA in its fight against corruption.
As he points out, TI's recent Global Corruption Barometer showed that 48% of Malaysians believe the government's effort to fight corruption was effective, compared with 28% in 2009.
Optimistic that people's confidence will grow further, Ravindran feels the response shows that the battle is “getting somewhere”.
“It tells us that we are heading in the right direction and that there are things we are doing that are making people stand up and listen.”
Honourable: Top Glove chairman Lim was among the first to support the Corporate Integrity Pledge.
Boosting business health
Another battle being won in the war against corruption is in the corporate front, with the launch of the Corporate Integrity Pledge (CIP) early this year.
The aim is to get the corporate sector to say “No” to bribery, says Ravindran.
“We wanted to raise awareness among the corporate sector that it is not acceptable to participate in any way, shape or form of bribery,” he explains.
By adhering to the pledge, a company is making a unilateral declaration that it will not commit corrupt acts, will work towards creating a business environment that is free from corruption and will uphold the Anti-Corruption Principles for Corporations in Malaysia in the conduct of its business and in its interactions with its business partners and the Government.
In order to promote the companies that have signed the CIP, a CISM Portal has been established.
To date, more than 34 corporate players have signed on to the CIP.
“Initially we went after the large corporations, and we had many who came forward to sign up like AirAsia, Country Heights, Sime Darby, Tenaga Nasional and Top Glove. Soon, a new code will be unveiled specifically for the small and medium players,” he adds.
Low agrees that for the corruption-combat efforts to be effective, actions must be taken in both the private and public sectors.
“The public sector has taken the key initiative, which includes the use of integrity pact as a compliance tool and also tenders to be open. However, the tender process for public contracting must be further improved to ensure objectivity in the award of the tender.”
This includes the issue of the unproductive use of middleman and fixers/facilitators. “They need to be reduced or eliminated if such practice does not provide added value to the projects,” he said.
Agreeing that while the CIP is a great first step towards getting businesses to commit towards eradicating corruption, Tan Sri Lim Wee Chai, chairman of Top Glove, one of the first corporations to make an anti-graft pledge, believes that what is more important now is the commitment from all parties to walk the talk.
“The Government, the corporate sector and every single individual must be honest and transparent in their dealings.
“While businesses commit to stop giving bribes, the Government should ensure all tenders and applications are awarded and approved based on principles of merit and transparency. Any acts of corruption must be dealt with by law immediately, without fear or favour,” he stresses.
Top Glove is one private company that has always taken the issue of corruption very seriously. Even prior to signing the CIP, they have put in place policies and practices to curb bribery in 2009, Top Glove set up a Prevention and Anti-Corruption Committee known as TGPAC.
The TGPAC is aimed at fostering an anti-corruption mindset and instil honest and transparent practices among all Top Glove employees, as well as provide an avenue for its employees to lodge complaints of any corrupt practices in the company. Its employees are required to sign a pledge every year to vouch that they will not condone or be involved in any corrupt practices.
“So, when the government launched the CIP, we did not hesitate to be one of the first to support this noble cause. By signing the Pledge, it further reinforces our seriousness in fighting corruption,” Lim said, adding that they have found it easier to uphold their business ethics of honesty, integrity and transparency since launching the TGPAC and signing on to CIP.
“The enforcement of the anti-corruption practice indirectly helps improve the cost efficiency of our business. We also notice it's easier to attract and retain highly-ethical employees and at the same time, improve public trust of the company.”
The CIP is hoped to improve the perception on Malaysia's business environment, which is crucial to boost our global competitiveness, Ravindran points out.
No less important, he highlights, is to inspire confidence in Malaysians to invest in the country. He cites as example, a recent “experience” he had with Biocon, a pharmaceutical company from India which has partnered Pfizer to develop a diabetes drug. When things became delayed in India, the company surveyed other locations including Malaysia, he tells.
The director of the company conducted an independent study of Malaysia and rated Malaysia as being 60% cheaper than the other countries she went to.
“My question to her was, how many times have you been approached for a bribe? She answered that this is the first place where she was not approached for a bribe. She is confident that Malaysia is a good place to do business.
“When a foreigner can say that, why can't Malaysians believe that too? And she is investing a lot of money here.”
Next step
With the artillery in place, education is the next agenda in the combat against corruption.
“Now we want to work with younger people children and students to educate them about bribery. Early this year, we came up with an icon, called Agent Lang, taken from its namesake helang (eagle).”
He tells they wanted an identity across all agencies as a unified symbol to fight corruption.
“The species of eagle we picked is found only in Malaysia it is black and white to show that there is no grey (in the fight against corruption). It mates for life, which shows that it is very loyal and it eats snakes for dinner goes after the wrong doers.”
Agent Lang was a hit when they introduced it to students of two varsities, shares Ravindran.
As he puts it, the efforts to fight corruption have to be multi-pronged.
“While we continue the other initiatives to eradicate corruption, we are also raising public awareness on how to fight corruption, especially among the younger people.”
Other than education on the different avenues to get justice against corruption, he says, they are also educating the public on how to use these avenues.
He highlights, this is because while the hotline has helped in getting tips on corruption, one major problem is that the public who do use the hotline usually do not provide sufficient information.
“With insufficient information, it is difficult for the authorities to follow up,” he cautions, citing the Whistleblower Act as an example.
There are rules to its use, he stresses, “For example, people can ask for protection but they cannot go to the media to blow the whistle. Members of the public need to know how they can go about it and more importantly, what sort of information is needed it needs to be complete and credible.
“There are also certain ways of reporting, such as going to an enforcement agency to make a report, and not any other third parties. This is something MACC is addressing in its public outreach and Pemandu are working closely with them,” he adds.
Evidence, he concedes, is difficult to get and it is a major crutch in the dispensation of justice.
“Many people complain that cops ask for bribes but when they make a report, it is difficult to prove that he took the bribe. It is always their word against the cop's.”
The authorities can take action more effectively if they immediately report the incident, something that is possible through the hotline.
“If within an hour, more than 10 people complain about the police in that vicinity, an immediate inspection can be launched, and if he is found with more than RM30 on him, he can be taken into custody. Even if he did not take any bribes, he has contravened the regulations.”
More importantly, the public need to realise that anonymous letters or surat layang are simply no longer acceptable, he says.
The good news is that more people are coming forward to make reports on cases of bribery, not only about bribe givers but also the takers.
“Now, we need to focus on how to dispense justice quicker and more effectively,” he says, adding that with the establishment of the specialised courts, steps are being taken to train all the related personnel on dealing with corruption-related cases, specifically the judges.
While the road towards a corruption-free Malaysia is still long, Ravindran is confident that they are moving in the right direction in the fight against graft.
“I feel we have awoken the senses of the nation that it is not right to take or give a bribe. And if they see it happening, they know what to do now.
“We are in no way saying that we have won the battle or that we have totally beaten corruption, but to me, fundamentally it reflects that something right is happening.”
Source : The Star
OUR garbage has not been collected for five days, the roads not swept for weeks and it is all because of corruption.”
Corruption has become such a big concern among Malaysians that it is even associated with something like uncollected rubbish.
Most Malaysians think the problem is so endemic in our society that it is impossible to eradicate and they are sceptical of the efforts being made to get rid of it.
“I think Malaysia must be the only country where everything that goes wrong is blamed on corruption,” says D. Ravindran, director of corruption NKRA at Pemandu (Performance Management and Delivery Unit), who cites the remark about uncollected rubbish and unswept streets to illustrate the challenge his unit faces in the fight against graft.
We wanted to raise awareness among the corporate sector that it is not acceptable to participate in any way, shape or form of bribery. - D. RAVINDRANAcknowledging the complexity of the problem, Ravindran concedes that its very nature makes it a challenge.
“Unlike the other NKRAs, you can't put a shape, form or frame around it. Anyone can get involved in corruption.”
And unlike in some of the other NKRAs, where a single ministry is positioned as the single authority steering the initiatives, you cannot put a face to the fight against corruption.
This war requires the collaborative effort of many ministries and agencies.
“Initially that was the biggest challenge how to get our hands around it.”
Hence, the first efforts involved establishing the building blocks fundamental to the fight, including setting up a cross-functional NKRA team to manage the initiatives.
Agent of change: MACC mascot Agen Lang celebrating the launch of an anti-corruption campaign with Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz (third from right) and MACC chief commissioner Datuk Seri Abu Kassim Mohamed (right). — BernamaThe driving force came at an opportune moment, Ravindran reveals.
“It soon became very evident that we were actually getting the political will from the top to make things happen.
“That not only gave us sufficient encouragement to keep going, but also provided the impetus for the building blocks to start falling into place. That has made it simpler for us to tackle the other aspects.”
The mechanisms established include the Whistleblower Protection Act, the Finance Ministry's integrity pact for government procurement and the establishment of special corruption courts.
Transparency International (TI) chairman Datuk Paul Low views the setting up of the corruption courts as the best achievement of the NKRA in its fight against corruption.
As he points out, TI's recent Global Corruption Barometer showed that 48% of Malaysians believe the government's effort to fight corruption was effective, compared with 28% in 2009.
Optimistic that people's confidence will grow further, Ravindran feels the response shows that the battle is “getting somewhere”.
“It tells us that we are heading in the right direction and that there are things we are doing that are making people stand up and listen.”
Honourable: Top Glove chairman Lim was among the first to support the Corporate Integrity Pledge.Boosting business health
Another battle being won in the war against corruption is in the corporate front, with the launch of the Corporate Integrity Pledge (CIP) early this year.
The aim is to get the corporate sector to say “No” to bribery, says Ravindran.
“We wanted to raise awareness among the corporate sector that it is not acceptable to participate in any way, shape or form of bribery,” he explains.
By adhering to the pledge, a company is making a unilateral declaration that it will not commit corrupt acts, will work towards creating a business environment that is free from corruption and will uphold the Anti-Corruption Principles for Corporations in Malaysia in the conduct of its business and in its interactions with its business partners and the Government.
In order to promote the companies that have signed the CIP, a CISM Portal has been established.
To date, more than 34 corporate players have signed on to the CIP.
“Initially we went after the large corporations, and we had many who came forward to sign up like AirAsia, Country Heights, Sime Darby, Tenaga Nasional and Top Glove. Soon, a new code will be unveiled specifically for the small and medium players,” he adds.
Low agrees that for the corruption-combat efforts to be effective, actions must be taken in both the private and public sectors.
“The public sector has taken the key initiative, which includes the use of integrity pact as a compliance tool and also tenders to be open. However, the tender process for public contracting must be further improved to ensure objectivity in the award of the tender.”
This includes the issue of the unproductive use of middleman and fixers/facilitators. “They need to be reduced or eliminated if such practice does not provide added value to the projects,” he said.
Agreeing that while the CIP is a great first step towards getting businesses to commit towards eradicating corruption, Tan Sri Lim Wee Chai, chairman of Top Glove, one of the first corporations to make an anti-graft pledge, believes that what is more important now is the commitment from all parties to walk the talk.
“The Government, the corporate sector and every single individual must be honest and transparent in their dealings.
“While businesses commit to stop giving bribes, the Government should ensure all tenders and applications are awarded and approved based on principles of merit and transparency. Any acts of corruption must be dealt with by law immediately, without fear or favour,” he stresses.
Top Glove is one private company that has always taken the issue of corruption very seriously. Even prior to signing the CIP, they have put in place policies and practices to curb bribery in 2009, Top Glove set up a Prevention and Anti-Corruption Committee known as TGPAC.
The TGPAC is aimed at fostering an anti-corruption mindset and instil honest and transparent practices among all Top Glove employees, as well as provide an avenue for its employees to lodge complaints of any corrupt practices in the company. Its employees are required to sign a pledge every year to vouch that they will not condone or be involved in any corrupt practices.
“So, when the government launched the CIP, we did not hesitate to be one of the first to support this noble cause. By signing the Pledge, it further reinforces our seriousness in fighting corruption,” Lim said, adding that they have found it easier to uphold their business ethics of honesty, integrity and transparency since launching the TGPAC and signing on to CIP.
“The enforcement of the anti-corruption practice indirectly helps improve the cost efficiency of our business. We also notice it's easier to attract and retain highly-ethical employees and at the same time, improve public trust of the company.”
The CIP is hoped to improve the perception on Malaysia's business environment, which is crucial to boost our global competitiveness, Ravindran points out.
No less important, he highlights, is to inspire confidence in Malaysians to invest in the country. He cites as example, a recent “experience” he had with Biocon, a pharmaceutical company from India which has partnered Pfizer to develop a diabetes drug. When things became delayed in India, the company surveyed other locations including Malaysia, he tells.
The director of the company conducted an independent study of Malaysia and rated Malaysia as being 60% cheaper than the other countries she went to.
“My question to her was, how many times have you been approached for a bribe? She answered that this is the first place where she was not approached for a bribe. She is confident that Malaysia is a good place to do business.
“When a foreigner can say that, why can't Malaysians believe that too? And she is investing a lot of money here.”
Next step
With the artillery in place, education is the next agenda in the combat against corruption.
“Now we want to work with younger people children and students to educate them about bribery. Early this year, we came up with an icon, called Agent Lang, taken from its namesake helang (eagle).”
He tells they wanted an identity across all agencies as a unified symbol to fight corruption.
“The species of eagle we picked is found only in Malaysia it is black and white to show that there is no grey (in the fight against corruption). It mates for life, which shows that it is very loyal and it eats snakes for dinner goes after the wrong doers.”
Agent Lang was a hit when they introduced it to students of two varsities, shares Ravindran.
As he puts it, the efforts to fight corruption have to be multi-pronged.
“While we continue the other initiatives to eradicate corruption, we are also raising public awareness on how to fight corruption, especially among the younger people.”
Other than education on the different avenues to get justice against corruption, he says, they are also educating the public on how to use these avenues.
He highlights, this is because while the hotline has helped in getting tips on corruption, one major problem is that the public who do use the hotline usually do not provide sufficient information.
“With insufficient information, it is difficult for the authorities to follow up,” he cautions, citing the Whistleblower Act as an example.
There are rules to its use, he stresses, “For example, people can ask for protection but they cannot go to the media to blow the whistle. Members of the public need to know how they can go about it and more importantly, what sort of information is needed it needs to be complete and credible.
“There are also certain ways of reporting, such as going to an enforcement agency to make a report, and not any other third parties. This is something MACC is addressing in its public outreach and Pemandu are working closely with them,” he adds.
Evidence, he concedes, is difficult to get and it is a major crutch in the dispensation of justice.
“Many people complain that cops ask for bribes but when they make a report, it is difficult to prove that he took the bribe. It is always their word against the cop's.”
The authorities can take action more effectively if they immediately report the incident, something that is possible through the hotline.
“If within an hour, more than 10 people complain about the police in that vicinity, an immediate inspection can be launched, and if he is found with more than RM30 on him, he can be taken into custody. Even if he did not take any bribes, he has contravened the regulations.”
More importantly, the public need to realise that anonymous letters or surat layang are simply no longer acceptable, he says.
The good news is that more people are coming forward to make reports on cases of bribery, not only about bribe givers but also the takers.
“Now, we need to focus on how to dispense justice quicker and more effectively,” he says, adding that with the establishment of the specialised courts, steps are being taken to train all the related personnel on dealing with corruption-related cases, specifically the judges.
While the road towards a corruption-free Malaysia is still long, Ravindran is confident that they are moving in the right direction in the fight against graft.
“I feel we have awoken the senses of the nation that it is not right to take or give a bribe. And if they see it happening, they know what to do now.
“We are in no way saying that we have won the battle or that we have totally beaten corruption, but to me, fundamentally it reflects that something right is happening.”
Source : The Star
Saturday, October 8, 2011
Retired Treasury official says bonds were issued over PKFZ land deal
Kuala Dimensi Sdn Bhd (KDSB) was issuing bonds for the 404.5ha land in Pulau Indah meant for the Port Klang Free Zone (PKFZ) project, a retired senior Treasury official told the High Court.
Retired Treasury deputy secretary-general Abdul Rahim Mokti testified yesterday that he came to know between 2004 and 2006 that KDSB was issuing bonds over the land deal.
High Court judge Justice Ahmadi Asnawi asked him to clarify the statement.
“I was informed by my officers, but I don’t know what bonds,” Abdul Rahim said.
He was testifying in Tun Dr Ling Liong Sik’s trial over the PKFZ scandal.
When he was asked to refer to a Finance Minister Note which was signed off by the then prime minister and finance minister Tun Dr Mahathir Mohamad, which stated that the overall cost of the project was to be RM2.44bil he said that it showed that the MOF higher ups believed that the RM25psf was separate from the interest cost.
Rahim, who was also a Port Klang Authority board member, said although he was aware that the MOF had wanted to get the land via acquisition, he did not object to the proposals to purchase when it was brought up at board level.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchase at RM25psf and 7.5% interest were certified and agreed to by Valuation and Property Services Department when he knew that there was no such consent.
He is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
Hearing continues today.
Source : The Star
Related News : PKFZ case: ‘Phang did not agree with scrutiny’
Retired Treasury deputy secretary-general Abdul Rahim Mokti testified yesterday that he came to know between 2004 and 2006 that KDSB was issuing bonds over the land deal.
High Court judge Justice Ahmadi Asnawi asked him to clarify the statement.
“I was informed by my officers, but I don’t know what bonds,” Abdul Rahim said.
He was testifying in Tun Dr Ling Liong Sik’s trial over the PKFZ scandal.
When he was asked to refer to a Finance Minister Note which was signed off by the then prime minister and finance minister Tun Dr Mahathir Mohamad, which stated that the overall cost of the project was to be RM2.44bil he said that it showed that the MOF higher ups believed that the RM25psf was separate from the interest cost.
Rahim, who was also a Port Klang Authority board member, said although he was aware that the MOF had wanted to get the land via acquisition, he did not object to the proposals to purchase when it was brought up at board level.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually in the land purchase for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchase at RM25psf and 7.5% interest were certified and agreed to by Valuation and Property Services Department when he knew that there was no such consent.
He is said to have committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
Hearing continues today.
Source : The Star
Related News : PKFZ case: ‘Phang did not agree with scrutiny’
Thursday, October 6, 2011
Policemen claim trial to bribery charge
Two policemen claimed trial at a Sessions Court for allegedly agreeing to receive a RM4,000 bribe from a trader as an inducement to release two Thai women in police custody.
Insp Mohd Azrul Azza Mat Jubin, 26, and Konst Mohd Fitri Hayat Ahmad, 23, pleaded not guilty before judge Mohd Bakri Abdul Majid here yesterday.
The offence was allegedly committed at the criminal investigation department’s office at the Seri Kembangan police station on Dec 24 last year.
The two Thai women were arrested on Dec 18.
The two cops were charged under the Malaysian Anti-Corruption Commission (MACC) Act which provides for a jail term of not more than 20 years and a fine of up to five times the amount of the bribe.
The court fixed bail at RM5,000 in one surety each and set Oct 17 for mention.
Mohd Azrul Azza was represented by lawyer Azizzul Shariman Mat Yusoff, while Mohd Fitri Hayat was represented by lawyer G. Subramaniam Nair.
MACC prosecuting officer Mahamad Sukri Seman appeared for the prosecution.
Source : The Star
Insp Mohd Azrul Azza Mat Jubin, 26, and Konst Mohd Fitri Hayat Ahmad, 23, pleaded not guilty before judge Mohd Bakri Abdul Majid here yesterday.
The offence was allegedly committed at the criminal investigation department’s office at the Seri Kembangan police station on Dec 24 last year.
The two Thai women were arrested on Dec 18.
The two cops were charged under the Malaysian Anti-Corruption Commission (MACC) Act which provides for a jail term of not more than 20 years and a fine of up to five times the amount of the bribe.
The court fixed bail at RM5,000 in one surety each and set Oct 17 for mention.
Mohd Azrul Azza was represented by lawyer Azizzul Shariman Mat Yusoff, while Mohd Fitri Hayat was represented by lawyer G. Subramaniam Nair.
MACC prosecuting officer Mahamad Sukri Seman appeared for the prosecution.
Source : The Star
Wednesday, October 5, 2011
PKFZ case: ‘Phang did not agree with scrutiny’
Port Klang Authority (PKA) general manager Datin O.C. Phang did not think it necessary to refer the Pulau Indah land deal to the Attorney-General’s Chambers, fearing further delays to the Port Klang Free Zone (PKFZ) project, the High Court was told.
PKA legal adviser Fazilah Surkisah Mohammad testified that Phang had disagreed with her suggestion for the A-G’s Chambers to look through the sales and purchase agreement, prepared by the firm of Messrs Rashid Asari & Co, to ensure that all the terms and conditions were in order for the Pulau Indah land deal.
“Her reasons were that PKA usually did not refer its agreements to the A-G’s Chambers, and that the land matter (in Pulau Indah) had already taken too much time to be resolved.
“She also said that as PKA was a statutory body, it would not be given any priority by the A-G’s Chambers,” Fazilah said when testifying in former transport minister Tun Dr Ling Liong Sik’s trial over the PKFZ scandal yesterday.
She added that she made the suggestion as she felt PKA was not financially secure and would have to be eventually bailed out by the Government.
Fazilah said that she made a second suggestion after vetting the agreement, this time to have the Transport Ministry look through it, and Phang agreed.
During her examination-in-chief by Deputy Public Prosecutor Manoj Kurup, Fazilah told the court that she was not consulted, and neither was her opinion required, in many of the meetings held over the land deal.
Manoj: Were you asked to investigate the legal implications of the land acquisition?
Fazilah: No.
Manoj: While they (the lawyers) were preparing the terms of the agreement draft, did you contribute any input?
Fazilah: No. I only looked through it after, as instructed by the general manager.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually for the purchase of land for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet the facts pertaining to the interest rate as well as deceiving it into believing that facts on the land purchase at RM25psf and 7.5% interest rate were certified and agreed to by the Finance Ministry’s Valuation and Property Services Department when he knew there was no such consent.
He had allegedlly committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
Source : The Star
Related News : Ex-minister says he signed sale and purchase agreement earlier
PKA legal adviser Fazilah Surkisah Mohammad testified that Phang had disagreed with her suggestion for the A-G’s Chambers to look through the sales and purchase agreement, prepared by the firm of Messrs Rashid Asari & Co, to ensure that all the terms and conditions were in order for the Pulau Indah land deal.
“Her reasons were that PKA usually did not refer its agreements to the A-G’s Chambers, and that the land matter (in Pulau Indah) had already taken too much time to be resolved.
“She also said that as PKA was a statutory body, it would not be given any priority by the A-G’s Chambers,” Fazilah said when testifying in former transport minister Tun Dr Ling Liong Sik’s trial over the PKFZ scandal yesterday.
She added that she made the suggestion as she felt PKA was not financially secure and would have to be eventually bailed out by the Government.
Fazilah said that she made a second suggestion after vetting the agreement, this time to have the Transport Ministry look through it, and Phang agreed.
During her examination-in-chief by Deputy Public Prosecutor Manoj Kurup, Fazilah told the court that she was not consulted, and neither was her opinion required, in many of the meetings held over the land deal.
Manoj: Were you asked to investigate the legal implications of the land acquisition?
Fazilah: No.
Manoj: While they (the lawyers) were preparing the terms of the agreement draft, did you contribute any input?
Fazilah: No. I only looked through it after, as instructed by the general manager.
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually for the purchase of land for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet the facts pertaining to the interest rate as well as deceiving it into believing that facts on the land purchase at RM25psf and 7.5% interest rate were certified and agreed to by the Finance Ministry’s Valuation and Property Services Department when he knew there was no such consent.
He had allegedlly committed the offences at the Prime Minister’s office in Putrajaya between Sept 25 and Nov 6, 2002.
Source : The Star
Related News : Ex-minister says he signed sale and purchase agreement earlier
Tuesday, October 4, 2011
Ex-minister says he signed sale and purchase agreement earlier
Former Port Klang Authority (PKA) chairman Tan Sri Dr Ting Chew Peh told the High Court that he had signed the sale and purchase (S&P) agreement with Kuala Dimensi Sdn Bhd (KDSB) before getting the official go-ahead from the Cabinet.
He said this during his examination-in-chief conducted by deputy public prosecutor Manoj Kurup yesterday.
“Before I signed the S&P, the PKA’s legal adviser gave me an explanation, and told me that everything was in order,” he said when testifying in former transport minister Tun Dr Ling Liong Sik’s trial over the Port Klang Free Zone (PKFZ) scandal.
Manoj: Did you ask the legal adviser if the Cabinet had given its approval (before signing)?
Dr Ting: No, but I might have been informed by the legal adviser and the general manager (Datin O.C. Phang) that the Cabinet had agreed to it.
Dr Ting had signed the agreement on Nov 12, 2002, when retired transport ministry secretary-general Datuk Zakaria Bahari had only written to Phang on Nov 20, 2002, informing PKA of the official Cabinet decision (made in a meeting on Nov 6).
However, Dr Ting, the former housing and local government minister, agreed that it was “normal practice” for a Cabinet decision to be carried out only after receiving the information officially.
When asked if he had informed the PKA board that he was going to sign the agreement, he replied: “I don’t remember if I had informed them.”
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually for the purchase of land for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchase at RM25psf and 7.5% interest rate were certified and agreed to, by the Finance Ministry’s Valuation and Property Services Department when he knew there was no such consent.
He is said to have committed the offences at the Prime Minister’s Office in Putrajaya between Sept 25 and Nov 6, 2002.
Source : The Star
Related News : PKFZ case now in High Court
He said this during his examination-in-chief conducted by deputy public prosecutor Manoj Kurup yesterday.
“Before I signed the S&P, the PKA’s legal adviser gave me an explanation, and told me that everything was in order,” he said when testifying in former transport minister Tun Dr Ling Liong Sik’s trial over the Port Klang Free Zone (PKFZ) scandal.
Manoj: Did you ask the legal adviser if the Cabinet had given its approval (before signing)?
Dr Ting: No, but I might have been informed by the legal adviser and the general manager (Datin O.C. Phang) that the Cabinet had agreed to it.
Dr Ting had signed the agreement on Nov 12, 2002, when retired transport ministry secretary-general Datuk Zakaria Bahari had only written to Phang on Nov 20, 2002, informing PKA of the official Cabinet decision (made in a meeting on Nov 6).
However, Dr Ting, the former housing and local government minister, agreed that it was “normal practice” for a Cabinet decision to be carried out only after receiving the information officially.
When asked if he had informed the PKA board that he was going to sign the agreement, he replied: “I don’t remember if I had informed them.”
Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not exposing to the Cabinet an additional interest rate of 7.5% annually for the purchase of land for the PKFZ project.
He faces two optional charges of cheating the Government by not exposing to the Cabinet facts pertaining to the interest rate, and deceiving it into believing that facts on the land purchase at RM25psf and 7.5% interest rate were certified and agreed to, by the Finance Ministry’s Valuation and Property Services Department when he knew there was no such consent.
He is said to have committed the offences at the Prime Minister’s Office in Putrajaya between Sept 25 and Nov 6, 2002.
Source : The Star
Related News : PKFZ case now in High Court
RM5,000 fine over RM50 bribe
A logistics executive was slapped with a RM5,000 fine or two months’ jail by a Sessions Court here after he admitted to bribing a policeman in an attempt to avoid receiving a summons for driving without a valid road tax.
R. Segarananthan, 27, pleaded guilty to an alternative charge under Section 214 of the Penal Code before judge Asmadi Hussin here yesterday.
Before sentencing the accused, the judge chided him for his reckless act of driving his car without a road tax.
“It is dangerous to drive around without a road tax. What would happen if there was an accident and someone died or became paralysed?
“You are lucky that you pleaded guilty to an alternative charge, otherwise I wouldn’t hesitate to send you to jail,” said Asmadi.
Segarananthan had bribed Sjn Mohd Amir Yassin from IPD Klang Selatan traffic police station with RM50 as an inducement for the policeman not to issue him a summons for driving his car without a road tax in Jalan Batu Ujur, Klang, at 10pm on July 23.
Source : The Star
R. Segarananthan, 27, pleaded guilty to an alternative charge under Section 214 of the Penal Code before judge Asmadi Hussin here yesterday.
Before sentencing the accused, the judge chided him for his reckless act of driving his car without a road tax.
“It is dangerous to drive around without a road tax. What would happen if there was an accident and someone died or became paralysed?
“You are lucky that you pleaded guilty to an alternative charge, otherwise I wouldn’t hesitate to send you to jail,” said Asmadi.
Segarananthan had bribed Sjn Mohd Amir Yassin from IPD Klang Selatan traffic police station with RM50 as an inducement for the policeman not to issue him a summons for driving his car without a road tax in Jalan Batu Ujur, Klang, at 10pm on July 23.
Source : The Star
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