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
Monday, October 31, 2011
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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