Sunday, July 7, 2013

A-G mulling MACC Act amendment to increase body's effectiveness

KUALA LUMPUR: The Attorney-General's Chambers is currently looking into amending the Malaysian Anti-Corruption Commission (MACC) Act 2009 to improve the body's effectiveness in tackling bribery in the country. 

Minister in the Prime Minister's Department Datuk Paul Low Seng Kuan said among the suggestions made to improve the Act was the inclusion of a provision to hold companies liable if their employees were found guilty of corruption. 

"The Government is ready to study and introduce improvements to existing laws to address weaknesses in the system," he said in a written reply. Low also revealed that 1,310 people were brought to court for corruption offences between 2009 and May 2013. 

 "Of this total, 888 people were found guilty of various corruption offences. "As part of the Government Transformation Programme, the names of the offenders were uploaded into the database on the MACC's website," he said. 

Low said as of May 2013, 36 people out of the total 106 accused of corruption were found guilty. At a press conference in the Parliament lobby, Rafizi Ramli (PKR - Pandan) said Low faced a big challenge to boost MACC's image in the eyes of the public. 

Comparing the MACC with Hong Kong's Independent Commission Against Corruption (ICAC), Rafizi said 68% of cases were successfully prosecuted by the MACC while ICAC's success rate was 86%. 

"These numbers prove that the public still doubts the effectiveness and independence of the MACC in conducting probes. 

"This is compounded by the fact that only one in every five MACC reports end up being investigated. A big portion of the cases end up being categorised as 'no further action'," he claimed.

Source : The Star

Saturday, July 6, 2013

Senior Petronas officers charged with bribery and money laundering

Idris M. Shuhud (M) at the Kuala Lumpur Sessions Court on July 5, 2013. BERNAMA
Two Petroliam Nasional Berhad (Petronas) senior managers pleaded not guilty to accepting bribes amounting to RM403,000 and RM23,000 respectively. 
 
Idris M. Shuhud, 47, senior manager of a pipe replacement project allegedly purchased and renovated his house in Bandar Tun Hussein, Cheras with the RM403,000 bribe he received from Penaga Orbit and Genius Response director Kamaruddin Mohd Daud in return for approving Technical Bids Evaluation, Commercial Bids Evaluatian and Services Completion Certificates. 

Idris, who was a senior manager at the Hook-Up Commisioning, Development Division of Petronas at the time, allegedly committed the offence in Kuala Lumpur between March 5, 2009 and Jan 20, 2012. 

He was charged under Section 17(a) of the Malaysian Anti-Corruption Commission Act (MACC) 2009 which is punishable by up to 20 years in prison and a fine of five times the bribe or RM10,000 whichever is higher. 

Idris also pleaded not guilty to four counts of money laundering amounting to RM385,000 through several cheques and cash deposits during the same period.

He faces up to RM5 million in fine, a five year jail term or both upon conviction under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001. 

Deputy Public Prosecutors Afifah Mamat@Yusof and Mohd Farez Rahman appeared for the prosecution. 

Judge Ahmad Zamzani Mohd Zain set bail at RM15,000 with one surety for each count and fixed Aug 1 for mention pending the appointment of a defence counsel. 

Meanwhile in the same court, customer risk management senior manager Ishak Yusof, 47, pleaded not guilty to three counts of accepting RM23,000 in bribes as an incentive to supply 125 tankers of liquified natural gas to Erision Chem Sdn Bhd. 

He allegedly committed the offences in Kuala Lumpur between Aug 27 and Sept 19, 2008.
Ishak was charged under Section 11(a) of the Anti Corruption Act 1997 which is punishable by up to 20 years in prison and a fine five times the amount of the bribe or RM10,000 whichever is higher. 

Deputy Public Prosecutor Kevin Morais prosecuted while lawyer Jasvinder Jit Singh represented Ishak. 

Judge Ahmad Zamzani set bail at RM8,000 with one surety for each count and impounded his passport. Mention is on Aug 2. – Bernama

Tuesday, July 2, 2013

EC officer, transport company manager charged with bribery

KUALA LUMPUR (July 2, 2013): An Election Commission (EC) officer and an operations manager of a transport company pleaded not guilty in the Sessions Court here today to a charge of accepting a RM80,000 bribe from a businessman. 

Muhammad Firdaus Mohd Ramli, 34, who is EC division secretary (Data Analysis) in Putrajaya, and Fizal Kamarudin@Fauzi, 33, of Mega Lavende Sdn Bhd, are jointly charged with accepting the bribe from Mohd Noor Mokhid, the owner of Southair Travel and Tours Services Sdn Bhd, in return for appointing the company as the official transport provider for foreign observers during the 13th general election. 

They allegedly committed the offence at Restoran Al-Rawsha, No.8, Jalan Kampung Pandan here at 1pm on Oct 16 last year. 

The offence, under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, read together with Section 34 of the Penal Code, provides for a maximum imprisonment of 20 years and a fine of not less than five times the amount of the bribe or RM10,000, whichever is higher. 

Deputy Public Prosecutor Mohd Sophian Zakaria, from MACC, asked for bail to be set at RM20,000 in one surety for each accused, saying that the case was of public interest. 

Mohd Sophian also informed the court that Fizal would be charged at the Shah Alam Sessions Court tomorrow for soliciting a bribe. 

Lawyer Datuk Salehuddin Saidin, representing both the accused, asked for bail to be reduced to RM5,000 as his clients cooperated with the MACC during investigations. 

He said Muhammad Firdaus had two children, while Fizal had a child who was suffering from leukemia and undergoing chemotherapy. 

Judge Rozilah Salleh allowed Muhammad Firdaus and Fizal bail of RM10,000 each in one security and set July 10 for mention. – Bernama

Saturday, June 29, 2013

Prosecution closes case in Shamsubahrin’s cheating case

KUALA LUMPUR: The prosecution in the case of a businessman, Datuk Shamsubahrin Ismail, charged with cheating former National Feedlot Corporation Sdn Bhd (NFCorp) director Datuk Seri Dr Mohamad Salleh Ismail closed its case today after calling 44 witnesses. 

Sessions Court judge Rozilah Salleh then ordered the two parties to file their written submissions and set Sept 9 and 10 for them to clarify their submissions. Earlier, Malaysian Anti-Corruption Commission (MACC) assistant superintendent, Nurul Izwan Komel, told the court that Shamsubahrin and a younger sister went to the MACC office in Putrajaya to hand over a handphone belonging to Shamsubahrin, 46, on March 7, 2012. 

“The handphone was then sent to the forensic division to be analysed. From my observation, there was no message or SMS (short messaging service) which clearly ordered Shamsubahrin to pay the bribe money to the police to cover the NFCorp case. 

“However, after investigation on the SMS was completed, I recommended that Shamsubahrin be charged under Section 27 of the MACC Act 2009 for giving false information,” said the 44th witness during examination in chief by MACC prosecution unit chief Datuk Abdul Razak Musa. 

Earlier during the proceeding, offered amended charges and after they were read, Shamsubahrin pleaded not guilty to five of the amended cheating charges, involving RM1.755 million. 

For the first amended charge, Shamsubahrin is alleged to have cheated Mohamad Salleh by intentionally promising him a consultancy service, which was not true, prompting Mohamad Salleh to agree to pay for the service. 

The offence was allegedly committed at Restoran Sid’s Pub at H2, Taman Tunku, Off Langkat Tunku here at 6pm on Nov 20 last year. The charge, under Section 415 of the Penal Code, carries a maximum imprisonment for five years or fine or both, upon conviction. 

On the amended second to the fifth charge, Shamsubahrin was alleged to have cheated Mohamad Salleh by deceiving him into handing over four cheques for RM1.755 million, part of which was payment for the consultancy service and also to be given to a police officer at the Commercial Crime Investigation Department, Bukit Perdana, to cover the case involving NFCorp which the police were then investigating. 

He was charged with committing the offence at a several banks in Taman Tun Dr Ismail, Kuala Lumpur City Centre (KLCC) and Petaling Jaya between Nov 25 and Dec 5, 2011. 

For the offence, Shamsubahrin was charged under Section 420 of the Penal Code, which carries a maximum imprisonment for 10 years, fine and whipping, if found guilty. 

Shamsubahrin also faced 17 charges for money laundering, involving RM1.755 million, under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, which carries imprisonment of up to five years or fine of RM5 million or both, if found guilty. — Bernama

Related News :  
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Thursday, June 27, 2013

Bribery probe began late last year, says MACC

PUTRAJAYA: The Malaysian Anti-Corruption Commission (MACC) started investigating Yusof Holmes Abdullah some time late last year. 

MACC investigation director Datuk Mustafar Ali said a team was set up after they received a report on an alleged bribe involving a chartered arbitrator. “We roped in our forensic experts in accounting and information technology to gather information and evidence,” he told newsmen here yesterday. 

Yusof was charged with soliciting a RM6mil bribe in an arbitration matter worth RM25mil. 

Mustafar added that MACC was able to complete the investigation in a speedy way and laid the charge against Yusof thanks to cooperation from the Kuala Lumpur Regional Centre for Arbitration (KLRCA) and Bar Council. 

“This prosecution should also allay the perception that MACC only charges minor cases,” he said. Separately, KLRCA commended the MACC for its speed and professionalism in launching the investigation. 

“This can only be seen as a positive outcome of the transformation MACC is embarking on and brings us closer to winning the nation’s war on corruption,” said KLRCA director Prof Datuk Sundra Rajoo. 

Yesterday, The Star ran an exclusive report that an arbitrator would be charged with corruption for the first time in Malaysia. 

An arbitrator is akin to a judge in a civil litigation and the disputes, usually involving millions of ringgit, revolve around contracts for engineering, construction and mechanical and electrical works. 

But, unlike a court judgment, arbitral awards handed down here are enforceable in 148 countries. Prof Sundra Rajoo added that Yusuf was no longer listed as an arbitrator with KLRCA. 

“We had information of this issue when it was time for listing last year and I decided not to include his name until the matter is cleared.”

Source : The Star

Related News :  

Arbitrator denies asking for RM6mil to rule in favour of firm

Arbitrator charged with soliciting rm6-mln bribe

PWD director denies graft charge

JOHOR BARU: A Public Works Department (PWD) director yesterday claimed trial to a graft charge of using his position to procure a RM230,800 maintenance contract for a company owned by his younger brother. 

Datuk Abd Rahim Ahmad, 57, who is the director of the building and facility maintenance division, allegedly committed the offence at the meeting room of the PWD office in the Sultan Iskandar building here about 1.30pm on Jan 5, 2011. 

He was charged with committing the offence under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009. The offence is punishable by up to 20 years in prison and fine of not less than five times the bribe, or RM10,000. 

According to the charge sheet, Rahim, who is also the project director for the contract management of building and facility for the Customs, Immigration and Quarantine (CIQ) complex and JB Sentral, had used his position to solicit a bribe. 

He allegedly asked Saipolyazan M. Yusop, 43, the group operations director of Advanced Maintenance Precision Management Sdn Bhd, which was appointed to maintain the CIQ complex in Bukit Chagar here, to appoint YBA Technology Sdn Bhd as the sub-contractor for one of the projects. YBA Technology is owned by Rahim's brother, Mohd Yusri Ahmad, 38. 

The project was for the re-balancing, testing and commissioning for air systems and chilled water systems, which was valued at RM196,000, and the supply, installation, testing and commissioning of the Danfos Motorised Valve valued at RM34,800. 

Sessions Court judge Mohamad Haldar Abdul Aziz set bail at RM50,000 but defence counsel V. Stanislaus asked the court to reduce the bail as Rahim had served the PWD for 33 years and his record was unblemished. "Rahim also has two children who are still attending school and he had been cooperative with MACC. 

"There is no evidence that he will abscond and Rahim wants to clear his name and reputation. "I ask the court to be lenient and not to impose an exorbitant bail as he is not going to run away." 

Deputy public prosecutor Abd Ghafar Abd Latif said the high-profile case involved a senior ranking civil servant who had been awarded a datukship and was a director in Putrajaya. 

"The case is of public interest to the Johor government, the people of Johor and Malaysia as it involves the CIQ and JB Sentral which is the Southern Gateway to the country." Haldar reduced the bail to RM20,000 in one surety and fixed the case for mention on July 30 Read more: PWD director denies graft charge - General

Source : New Straits Times

Malaysian lecturer is Australia university sacked for bribery

Petaling Jaya (The Star/ANN) - Curtin University in Australia has taken immediate steps to review its student assessment process after its lecturer, a Malaysian, admitted to taking bribes to raise students' marks. 

Foong Tuck Cheong has since been dismissed by the university. He pleaded guilty on Monday to charges of corruption for receiving bribes from the students. In response to queries by The Star, the university's Corporate Relations and Development vice-president Valerie Raubenheimer said it has "established procedures" to investigate all reports received through its complaints portal. 

"In the wake of allegations against Foong, external consultants were appointed to complete forensic and student assessment process reviews. "While any instance of misconduct is disappointing, more than 5,000 people are employed by Curtin and the vast majority are honest and ethical. "The university believes its handling of this case shows these processes are working and the reputation of Curtin as an institution of integrity will be enhanced," she said in a statement. 

The Australian Associated Press reported on Monday that Foong, 54, had pleaded guilty in the Perth Magistrates Court to charges of corruption and bribery. Foong had increased the marks of two students who should have failed their units in Applied Science in Construction Management. One student paid him A$3,000 (US$2,778) and the other A$1,500 ($1,398). 

The report added that Foong had also increased the mark of a third student's assignment and given him a pass mark on an assignment that was not submitted. Foong is said to have a personal and professional connection with the student's father in Malaysia. 

A lecturer with the construction and management department for over 24 years, Foong was sacked last November following allegations that he had offered to raise students' failing grades in exchange for money. Malaysia's National Professors' Council Cluster of Governance, Law and Public Management head Prof Dr Nik Ahmad Kamal Nik Mahmood said Foong's conduct was unethical and illegal. 

"Under laws that prevent corruption, it would definitely be an offence. Most Malaysian universities have a code of ethics and staff disciplinary rules that state that lecturers cannot approach students for bribes," he said. 

Foong is not the first Malaysian to bring public controversy to the university. In 2011, Malaysian-born Keith Low Kok was sentenced to a two-year jail term after admitting to taking bribes to falsify English language test results to help foreign immigrants with their permanent residency and student visas. 

Low had committed the offence while he was employed as an administrative support officer at Curtin University's English Language Centre, which administered tests for the International English Testing System (IELTS). Meanwhile, Bukit Aman will cooperate with the Australian autho?rities in the probe against Foong. 

Federal Commercial Crime Inves?tigation department assistant director Asst Comm Nerita Yaacob said police were waiting for more information on the case. "We will investigate whether the case involved elements of forgery, if the suspect had amendments to documents." 

Since the university has twinning programmes with local collages, ACP Nerita said police would investigate the matter further.

Source : Yahoo News

Arbitrator denies asking for RM6mil to rule in favour of firm


 GEORGE TOWN: A chartered arbitrator pleaded not guilty at the Sessions Court here to soliciting a RM6mil bribe from a businessman. 

Yusof Holmes Abdullah, 69, denied soliciting the money by sending an e-mail to Goh Nai Kooi @ Goh Mai Kwai at the latter’s house in Jalan Sri Bahari here between Aug 1 and Sept 30, 2012. 

He is alleged to have asked for the bribe as an inducement to rule in favour of JMR Construction Sdn Bhd in an arbitration matter with Syarikat Nanjing Changjiang Waterway Engineering Bureau. An arbitrator is akin to a judge in a civil litigation. 

The disputes, usually involving millions of ringgit, revolve around contracts for engineering, construction and mechanical and electrical works. 

Arbitral awards handed down here are enforceable in 148 countries, including Malay­sia. In the same packed courtroom, businessman Datuk Siaw Teck Hwa, 59, was charged with abetting Yusof at the same place and date. He too pleaded not guilty. 

The offences under Section 16(a)(A) of the Malaysian Anti-Corruption Commission (MACC) Act carries a jail term of not more than 20 years, a fine of five times the amount involved, or both upon conviction. 

DPP Hanim Mohd Rashid proposed bail of RM1mil each as the charges involved a large sum. Yusof’s counsel Raj Shanker sought for bail to be set at RM50,000, saying the accused had fully cooperated with the investigation. 

Raj Shanker told the court that Yusof, who is British, married a Malaysian and has been a permanent resident in the country for over 35 years. 

Siaw’s counsel Zainal Fikri also appealed for a lower bail, saying that his client was middle-aged and had health problems. 

Sessions judge Zulhazmi Abdullah allowed bail of RM50,000 with two Malaysian sureties each, and ordered that the passports of the accused be withheld. He fixed July 31 for mention.

Source : The Star

Related News :  

Bribery probe began late last year, says MACC
  
Arbitrator charged with soliciting rm6-mln bribe

Monday, June 10, 2013

Malaysia gears up for corruption fight

Kuala Lumpur, Malaysia - When a Malaysian court rejected a former chief minister's appeal against a corruption sentence recently, it stirred vigorous debate in the Southeast Asian nation. 

Was this finally a signal that the government is serious about tackling rampant graft in Malaysia's corridors of power ? 

Former Selangor state chief minister, Mohamed Khir Toyo, was one of the most senior government officials to be convicted for corruption in recent years. 

 Khir Toyo protested his innocence and accused Prime Minister Najib Razak of trying to make an example out of him to show the Malaysian public he is serious about ending high-level graft, a promise made ahead of recent general elections. 

Corruption was a major issue during campaigning for the vote, which saw the ruling Barisan Nasional (BN) return to power with a substantially reduced majority - the worst-ever showing in its 56-year rule. 

Despite promises of reining in corruption, many Malaysians remain sceptical. "What we find in corruption cases involving BN members and affiliations is that the court process is purposely lengthened and delayed," said 25-year-old Lee Ee May, a management consultant. 

One official, however, told Al Jazeera the government is serious about cleaning up its act. "I can tell you there is political will to let [the corruption commission] to investigate as much as possible - without fear or favour - and for the Attorney General to prosecute should there be sufficient evidence," said Youth and Sports Minister Khairy Jamaluddin. 

Scandalous record Numerous financial scandals involving individuals linked to the ruling coalition has bred a doubting public in recent years. 

Even well-respected anti-graft campaigner Paul Low, former chairman of the NGO Transparency International Malaysia, was not spared. Low, 67, was appointed to the cabinet last month in a surprise move greeted with both praise and cynicism. 

Low will take charge of matters related to corruption and government integrity. "We hope that the Najib administration isn't just trying to have Datuk Paul Low's impeccable credentials rub off on the former, without real and tangible reforms enforced," said opposition Member of Parliament Tony Pua from the Democratic Action Party at the time. 

Low's anti-graft colleagues called his appointment a "brave move" by Najib as the newly-minted Minister in the Prime Minister's Department could turn on the government by investigating allegations of corruption within the ruling coalition. 

"I hope Najib will give him [Low] the freedom to make all the reforms, and not interfere in any corruption investigations in political leaders from the BN component parties," said Transparency International Secretary General Josie Fernandez. 

When contacted by Al Jazeera last month, Low said: "I am only three days into my job so I need to wait. As you can see that whatever I say, I am being politicised."

Read more on Al Jazeera

Saturday, June 8, 2013

Bribery costs ex-cop freedom and RM10,000

JOHOR BARU: A former police officer was jailed for two years and fined RM10,000 after he was found guilty of bribery. 

Rostam Omar, 45, was charged with accepting a bribe of RM600 from Yeow Boon Kee as an inducement for not taking action against Yeow for allegedly selling illegal cigarettes at the Lima Lima Lima Supermarket in Taman Cahaya Kota Puteri here at about 10pm on May 12 last year. 

 Rostam, a former constable with the Seri Alam district police headquarters, was charged under Section 17(b) of the Malaysian Anti-Corruption Commission (MACC) Act 2009, which carries a maximum 20-year jail sentence and a fine of not less than five times the amount of the bribe or RM10,000, whichever higher. 

Sessions Court judge Mohd Nasir Nordin said he was satisfied with the arguments presented by both the prosecution and defence. 

Counsel Hanif Hassan asked the court for a lighter sentence as Rostam had already lost his job after serving as a policeman for more than 20 years and was currently making ends meet by working as a security guard. 

Pressing for a deterrent sentence, MACC prosecutor Mohd Sajori Martubi asked the court to take into consideration that Rostami's actions were serious as he had been entrusted to uphold the law, not break it. 

Mohd Nasir then sentenced Rostam to two years in jail, slapped him with a RM10,000 fine or three months jail in lieu. 

Mohd Nasir granted a request for a stay of execution for the jail sentence but said Rostam would have to pay the fine by Tuesday. 

Source : The Star

Wednesday, May 15, 2013

Customs officer held for seeking bribes

IPOH: A Customs officer who has been getting inducement from shopkeepers who sell contraband cigarettes in Taiping has been arrested. 

Perak police chief Deputy Comm Datuk Mohd Shukri Dahlan said the 39-year-old was arrested at a roadblock in Sungai Kerang, Trong, on Monday at about 4.40pm. 

"He had earlier asked for RM500 from a shopkeeper who refused to give in to his demands,” said DCP Mohd Shukri at a press conference yesterday. 

“The shopkeeper had sensed that the man was a mere impersonator. “So, the shopkeeper asked the officer to go with him to the police station, but he fled. 

“Police then managed to nab him at a roadblock.” DCP Mohd Shukri said initial investigations showed that the Customs officer had already been given RM300 by another shopkeeper, who had previously paid him off with RM1,000. 

“We believe that the suspect has been trying to get inducement from shopkeepers for several months now,” DCP Mohd Shukri said. 

“The suspect has been handed over to the Malaysian Anti-Corruption Commission.” 

Source : The Star

Thursday, February 28, 2013

Woman Gets Jail For Trying To Bribe TM Officer

A former Alcatel Network (M) Sdn Bhd regional customer account leader was jailed two years and fined RM125,000 by a Sessions Court here after she was found guilty of bribing a Telekom Malaysia assistant manager in 2006.
 
Sessions Court judge Rozilah Salleh ruled that the defence had failed to establish doubt and ordered Radziah Ani, 51, to be jailed eight months if she failed to pay the fine.

She ordered the sentence to run from yesterday.

“I find her defence was a mere denial, inconsistent and unreasonable,” she said yesterday.
However, the court granted a stay of the jail sentence pending appeal in the High Court. The fine was allowed to be paid until March 8.

Radziah was found guilty of bribing assistant manager Mohd Asri Idris, 42, with a RM25,000 bank cheque dated Feb 15, 2006 as payment to supply information about the tender.

The charge sheet stated that the information was “for the supply of Wideband Code Division Mulitiple Access Mobile Communications System and the Provision of Works Phase II”.
She committed the offence at a hotel in Jalan Sultan Ismail between 1pm and 2.30pm on Feb 17, 2006.

A total of nine prosecution witnesses and four defence witnesses testified in the trial.
Zulqarnain Hassan from the Malaysian Anti-Corruption Commi­ssion prosecuted while Datuk Seri Muhammad Shafee Abdullah and Sarah Maalini Abishegam defended.

In mitigation, Muhammad Shafee said his client should not be prosecuted on grounds that she had denied her involvement.

Source : The Star

Wednesday, February 27, 2013

Health Inspector Faints After Being Found Guilty Of Accepting Bribe

A health inspection assistant officer from the Johor Baru Central Municipal Council fainted after the Sessions Court here found her guilty of accepting a RM500 bribe some three years ago.
 
K. Kalaiselvi, 31, who was standing in the dock , fainted after Judge Mohd Haldar Abdul Aziz found her guilty.

The accused, who has a heart condition, had to be carried out by a man who was believed to be her husband.

Mohd Haldar adjourned the proceeding for about 10 minutes to allow her to receive medical attention.

When court resumed, Mohd Haldar sentenced Kalaiselvi to a year’s jail from the date of the prosecution and fined her RM10,000 in default of six months’ jail. She paid the fine.

Mohd Haldar allowed a stay of execution to allow Kalaiselvi to appeal against her sentence.
Kalaiselvi was charged with receiving the amount from businessman Lim Chai Lee on Aug 6 in 2010 at around 2.45pm along Jalan Besi 1 at Taman Sri Putri in Skudai as an inducement not to take action against Lim’s business premises, Seven Eight Reflexology and Therapy, under Section 107(2) of the Local Government Act.

That section states that any licence or permit given out is subject to any additional conditions or restrictions which the local authority thinks fit. Failure to comply could result in the licence or permit being cancelled without the need to provide a reason.

Kalaiselvi was charged under Section 17(a) of the Malaysian Anti-Corruption Commission (MACC) Act, which carries a maximum jail sentence of 20 years and a fine not less than five times the bribe amount or RM10,000, or whichever is higher.

MACC prosecution officer Mohd Faizal Sadri prosecuted the case while lawyer T. Vijaya Sendran represented Kalaiselvi.

Source : The Star

Friday, February 22, 2013

Four Immigration Officers Jailed, Fined For Bribery

Four Immigration officers, who were formerly based at the South Port shipping division in Port Klang, were found guilty by the Sessions Court here of accepting bribes to allow Indonesians to enter Malaysia. 

Azmir Mahadi, 30, was sentenced to six years' imprisonment and fined RM50,000 for five counts of accepting RM3,810 from one Azizul Hakim Salehuddin at Affin Bank in Port Klang near here between Aug 15, 2010 and Aug 22, 2010.

Azmir was acquitted and discharged of one charge of accepting RM920 from Azizul at the same place on Aug 28, 2010.

Ahmad Zahed Abd Alim, 30, was jailed six years and fined RM120,000 for 12 charges of accepting RM13,590 from Azizul at Maybank in Bukit Tinggi, Klang near here between July 26, 2010 and Aug 28, 2010. 

Mohd Hafiz Zakaria, 29, was sentenced to six years' imprisonment and fined RM55,700 for four counts of accepting RM8,690 from three men at the CIMB Bank in Port Klang, at the Pandamaran Immigration quarters in Klang and at Eon Bank in Port Klang between Sept 25, 2010 and Sept 30, 2010, respectively.

Mohd Khairul Haqimie Kamarudin, 28, was sentenced to six years' imprisonment and fined RM14,000 for accepting RM2,650 from Azizul at Maybank in Bukit Tinggi, Klang on Aug 28, 2010.

Mohd Khairul was acquitted and discharged of two other charges of accepting RM700 and RM4,000 from Azizul near Restoran Moden, Simpang Kudrat in Klang on Sept 28, 2010.

Judge Mat Ghani Abdullah granted a stay of execution of the sentences and conviction pending an appeal to the High Court. Bail was increased to RM10,000 each. - Bernama 

Source : The Star

Tuesday, February 19, 2013

Contractor Gets 10 Years' Jail For Taking Bribe To Help Businessman Get Datuk Seri Title

A contractor was sentenced to 10 years in jail and fined RM50,000 after a Sessions Court here found him guilty of soliciting and receiving bribe as an inducement to help a businessman obtain a Datuk Seri title.
 
Mohd Amirul Erwan Mohd Raslan, 36, was sentenced to five years in jail and RM25,000 fine for each of the two counts he was convicted of.

However, he will only serve five years in jail as judge Mat Ghani Abdullah ordered for the jail time to run concurrently.

He was found guilty of asking for RM5,000 from businessman Mohamad Imran Abdullah at Grand Kampar Hotel in Perak on Feb 2, 2009.

He was also convicted of receiving the RM5,000 at Holiday Villa Hotel in Subang on Feb 4, 2009.

The money was an inducement for Mohd Amirul to help Mohamad Imran's businessman friend Lim Kok Han obtain a state medal from Perak that carries the title Datuk Seri.

His friend Mohd Afandi Mohd Zambri, 45, was also found guilty of receiving RM1,000 for the same purpose at the same hotel in Subang on Feb 19, 2009.

Mohd Afandi, who was unemployed, was sentenced to five years in jail and fined RM5,000.

Both men, however, were acquitted and discharged on a joint charge of receiving a cheque worth RM25,000, allegedly an inducement for the same purpose, after the Sessions Court found their defence has proven a reasonable doubt in that charge.

The court allowed for a stay of execution on the sentences. 

Source : The Star

Tuesday, February 5, 2013

Court Upholds Behrang Assemblyman’s Acquittal for Corruption

Behrang assemblyman Jamaluddin Mohd Radzi and two other men walked free today after the Court of Appeal here today upheld their acquittal for corruption.
 
A three-member panel led by Court of Appeal President Tan Sri Md Raus Sharif unanimously dismissed the prosecution’s appeal and upheld their acquittal.

Justice Raus said after considering the submissions forwarded by the prosecution and defence, the court was of the view that the High Court judge did not make any error in law when making his decision and that he had given his reasons for acquitting them.

“There is no reason to alter the decision of the High Court,” said Justice Raus, who presided on the panel with Justices Datuk Mohtaruddin Baki and Datuk Mohd Zawawi Salleh.


The prosecution was appealing against the acquittal of Jamaluddin (picture), 57, former Perak Tengah district councillor Zul Hassan, 51, and businessman Fairul Azrim Ismail, 35, and also former Bota assemblyman Usaili Alias, 61 (on four corruption charges).

The Court of Appeal panel also upheld the decision of the High Court to acquit Usaili on four charges of receiving bribes. However, he is not cleared yet as he has been ordered by the High Court to enter his defence with respect to three other corruption charges.

Outside the court, Jamaluddin told reporters that he accepted the decision of the court.
On what he would do after this, Jamaluddin said he would continue to serve the people in his constituency as long as the Perak state assembly was not dissolved.

He said he was still an independent Perak state assemblyman and had not decided whether to join Barisan National, adding that he also needed to think on whether to contest in the election.
On April 23, 2010, the Ipoh Sessions Court acquitted the four and Changkat Jering assemblyman Mohd Osman Jailu without their defence called.

They were charged with 10 counts of accepting and asking for bribes over a RM180 million housing development project in Seri Iskandar near Ipoh.

They were alleged to have committed the offences at the office of the Perak state secretary,  Restoran Kluang Station Cafe in Medan Istana, Bandar Ipoh Raya here, and Aquarias Restaurant & Bar, Level 4, Summit Hotel, Bukit Mertajam, Penang, between August 14 and 19, 2008.

Zul and Fairul were also slapped with charges of sex bribes when they allegedly accepted the sexual services of Chinese nationals at Sri Sayang Apartment (Seaview Agency) in Jalan Batu Ferringhi, Penang, on August 14, 2008.

A sixth person, former Perak Development Corporation technician Ruslan Sahat, was also charged but died in late 2008 and charges against him were dropped.

The Ipoh High Court on April 22 last year dismissed the prosecution’s appeal and upheld the acquittal of Jamaluddin, Zul and Fairul but ordered Osman to enter his defence.

The High Court also upheld Usaili’s acquittal on four charges of receiving bribes. However, the High Court ordered Usaili to enter his defence with respect to three other corruption charges. 

— Bernama

Source : The Malaysian Insider

Monday, February 4, 2013

Dr Pornthip Ready To Do Sugumaran’s Second Autopsy, Say Lawyers

KUALA LUMPUR, Feb 4 — Dr Pornthip Rojanasunand has agreed to perform a second autopsy on security guard C. Sugumaran who allegedly died from a police beating, Sugumaran’s family lawyers said today. 

Dr Pornthip is the Thai forensic pathologist who had observed Teoh Beng Hock’s second post-mortem and testified at a royal inquiry that foul play was likely involved in the DAP aide’s mysterious death at the Malaysian Anti-Corruption Commission’s Selangor headquarters in 2009.


“On behalf of the family, we have urgently written to the prime minister, health minister and the director-general of the Health Ministry to issue the necessary authorisations for Dr Pornthip Rojanasunand (picture) to conduct the second post-mortem on Sugumaran’s remains,” said Sugumaran’s family lawyers N. Surendran and Latheefa Koya in a joint press statement.

“We have no objection to a government pathologist being allowed to observe the procedure. We call upon Prime Minister (Datuk Seri) Najib Razak and the other relevant authorities to respond immediately to this request, as the family are unable to carry out the last rites until the second post-mortem is concluded,” they added.

Najib ordered a forensic report last Thursday on Sugumaran after the latter’s death was raised at a Cabinet meeting.

Health Minister Datuk Seri Liow Tiong Lai was directed to oversee the forensic report after MIC president Datuk Seri G. Palanivel, who is also a minister in the PM’s Department, had raised the security guard’s death during the Cabinet meeting.

Several witnesses who saw Sugumaran collapse on a street near his home in Batu 12, Hulu Langat on January 23 have accused the policemen who arrested him of beating up the man after he was handcuffed.

The police have denied the allegations.

Sugumaran’s death joins a list of other alleged police killings like the custodial deaths of Chang Chin Te earlier this year; A. Kugan and R. Gunasegaran in 2009; the deadly police shooting of 14-year-old schoolboy Aminulrasyid Amzah in 2010, and various other fatal police shootings in the past two years.

A United Nations Working Group on Arbitrary Detention 2010 visit to Malaysian prisons and detention centres reported in 2011 that between 2003 and 2007, “over 1,500 people died while being held by authorities.”

The Bar Council, civil society and several politicians from both sides of the divide have called for an Independent Police Complaints and Misconduct Commission (IPCMC) to reform the police force since 2006.

Source : The Malaysian Insider

Wednesday, January 30, 2013

Rela Officer Jailed and Fined for Corruption

KUCHING (Jan 30, 2013): A People's Volunteer Corps (Rela) officer faced the consequences today after he named his wife as the food and beverage supplier for an event by the organisation in 2010. 

Mohd Zaini Azilah was sentenced to one day in jail, and fined RM25,000 or six months jail in default, by the Special Corruption Court here after pleading guilty to using his post to obtain approval for the supply. 

The former army personnel was charged with committing the offence under Section 23(1) of the Malaysian Anti-Corruption Commission Act (MACC) 2009 on Dec 17 2010 at the Sarawak Rela office. 

The offence was punishable by up to 20 years in prison and fine of not less that five times the bribe or RM10,000, whichever was higher, upon conviction. 

According to the charge sheet presented by MACC prosecuting officer Othman Anyan, the accused had used his position as Pedawan District Rela officer to submit a proposal for the supply of refreshments worth RM4,910.40 in his wife Hamidah Pari's name for a Rela briefing session on Dec 20 of the same year. – Bernama

Source :  The Sun Daily

Thursday, January 24, 2013

Ex-lecturer Jailed, Fined Over Bribes For Diploma

A former Kuala Lumpur Metropolitan University College (KLMU) lecturer was sentenced to six months’ jail and fined RM20,000 by the Sessions Court yesterday after pleading guilty to two corruption charges involving the award of a diploma to his student last year.
 
On the first charge, Elmy Shadzli Wahi, 41, was sentenced to three months’ jail and fined RM10,000 or four months’ jail in lieu of by judge Ahmad Zamzani Mohd Zain for corruptly accepting RM1,500 from Izam Mustaffa via cash deposit into his account, as inducement to award the latter a Hotel Management Diploma from Nilai University College.

He committed the offence at Maybank Berhad, Taman Molek branch in Johor Baru at 1.45pm on March 22, 2012.

On the second charge, he was sentenced to three months’ jail and fined RM10,000 or four months’ jail in lieu of for corruptly accepting RM1,500 cash from Izam for the same purpose at the Sarimas Café in Wisma Sime Darby, Jalan Raja Laut, here, at 1.15pm on April 3, 2012.

On January 3, 2013, Elmy Shadzli pleaded guilty to a related corruption charge and is currently serving a two-month sentence imposed by Sessions Court Judge Rozilah Salleh, who also fined him RM10,000.

Ahmad Zamzani also ordered Elmy’s jail terms to run consecutively, upon completion of the two months and also ordered him to pay a RM1,500 penalty.

DPP Wan Ahmad Nidzam Wan Omar from the Malaysian Anti-Corruption Commission prosecuted while SI Rajah represented Elmy. — Bernama

Source : The Malaysian Insider

Sunday, January 13, 2013

Malaysian PM Caught Up In Murder, Bribery Scandal

THE plot has all the trappings of a B-grade movie: the murder of a glamorous Mongolian socialite amid allegations of high-level bribery, blackmail, betrayal and political cover-up.

But these are real-life events, and they could set back the chances of Malaysia's ruling coalition in an election that Prime Minister Najib Razak must call by midyear.

Mr Najib denies involvement but the allegations will not go away. The internet in Malaysia is running hot with allegations by a disaffected businessman, Deepak Jaikishan, who is well connected in the ruling United Malays National Organisation.

Malaysia's Prime Minister Abdullah Ahmad Badawi (L) and his successor Najib Razak shakes hands after casting their votes for the deputy president of the the ruling party United Malays National Organisation (UMNO) at general assembly in Kuala Lumpur on March 26, 2009. Malaysia's outgoing premier Badawi issued a damning indictment of the ruling party, saying it was contaminated by greed, complacency and internal rivalries.
Malaysian Prime Minister Najib Razak. Photo: AFP

They relate in part to the alleged cover-up of the murder of 28-year-old Mongolian fashion model and translator Altantuya Shaariibuu in a patch of jungle in the Kuala Lumpur suburbs in 2006.

The second part of the controversy is driven by an inquiry in France into a complex money trail left by Malaysia's $US2 billion purchase of two French-Spanish built Scorpene submarines in 2002 while Mr Najib was defence minister.

Ms Shaariibuu worked as a translator in the latter stages of the deal negotiations.

Political analyst Abdul Razak Baginda speaks during a news conference in Kuala Lumpur November 20, 2008. Razak, a former aide to Malaysian deputy prime minister Najib Razak, moved on Thursday to exonerate Najib's name in a case involving the murder of a Mongolian woman that dogged the country's next leader.
Businessman Abdul Razak Baginda, one of the PM's best friends and a policy adviser, was Ms Shaariibuu's lover. Photo: Reuters

The link between the two events is a Ferrari-driving businessman, Abdul Razak Baginda, one of Mr Najib's best friends and policy advisers, who was the director of the Malaysian Strategic Research Centre.

Mr Najib, who is preparing to contest his first election since being installed in power by his party in 2009, denies ever meeting Ms Shaariibuu or having any link with her. The government denies any wrongdoing in the submarine purchases.


But it was two of Mr Najib's bodyguards who dragged Ms Shaariibuu from a car, knocked her unconscious and shot her twice in the head on October 19, 2006, according to court testimony. She had begged for her life and apparently that of her unborn child.

The killers then wrapped her body in C4 plastic explosives obtained from the military and blew her up, ensuring the foetus was destroyed along with the identity of the father. For good measure, they erased her entry into Malaysia from immigration records.


The Scorpene submarine story has been tumbling out since 2002 when Mr Najib ordered them from French ship builder DCNS.

Two French investigating magistrates are looking into so-called ''commission'' payments of about $US160 million into companies reportedly set up by Mr Baginda. Documents have been seized from the DCNS offices in Paris.

Ms Shaariibuu, who spoke several languages, became Mr Baginda's lover after they had met in Hong Kong. Stunningly beautiful, she had been married to a popular Mongolian singerand to the son of a famous Mongolian fashion designer.


Ms Shaariibuu admitted in a letter found after her murder that she had been blackmailing Mr Baginda, who had jilted her after they had travelled through Asia and Europe together.
She reportedly had wanted a $US500,000 cut to remain silent about her knowledge of the deal.

Ms Shaariibuu was abducted outside Mr Baginda's house, where she was said to be causing a scene. Her murder was eventually uncovered following continued pressure from her well-connected family and the Mongolian embassy in Kuala Lumpur.

The two bodyguards were convicted of murder in 2009 but have claimed they are scapegoats and are appealing against death sentences. Pleading with a court not to execute him in February 2009, Sirul Azhar Umar described himself as a ''black sheep that has to be sacrificed'' to protect unnamed people.

''I have no reason to cause hurt, what's more to take the life of the victim in such a cruel manner,'' he said.

''I appeal to the court, which has the powers to determine if I live or die, not to sentence me so as to fulfil others' plans for me.''

A judge sensationally dropped an abetting a murder charge against Mr Baginda in 2008 before any evidence was heard and he is believed to be living in exile in Britain with his family.

Among several claims made by Mr Deepak - a carpet dealer - to opposition and independent websites are that he interceded to have a private detective change his 2008 sworn declaration that Mr Najib had had a sexual relationship with Ms Shaariibuu. 

The Prime Minister has repeatedly denied any relationship with Ms Shaariibuu, calling it a ''terrible lie''.

Often sensational claims and counter claims in the case have been barely reported in Malaysia's government-controlled mainstream media.

The Malaysian human rights non-government organisation SUARAM, whose approach to a magistrate in Paris in 2010 prompted the French investigation, has complained of official harassment.

But the claims are hot issues on opposition and independent websites, led by the Hong Kong-based Asia Sentinel online magazine, which published confidential files on the case last year and whose editor, John Berthelsen, has doggedly pursued the story for years.

Malaysia, with a population of 28 million, has an internet penetration of more than 62 per cent, one of the highest in south-east Asia.

Some commentators in Kuala Lumpur, including Wong Choon Mei writing in the Malaysia Chronicle, have speculated that 59-year-old Mr Najib could be forced from office before he gets to call the election. Jittery powerbrokers in UMNO fear that if he remains head of the coalition, they may lose to the opposition leader, Anwar Ibrahim, and his Pakatan Rakyat coalition.

There is infighting in UMNO, which has shared power in the country for more than 50 years, as the latest opinion polls show Mr Najib's approval rating has fallen to its lowest level in 16 months.

Wong wrote in the Chronicle on January 7 that UMNO watchers believed former prime minister Mahathir Mohamad had decided to throw his weight behind Deputy Prime Minister, Muhyiddin Yassin, and effect an 11th-hour change in leadership, although many have cautioned that such a move could boomerang and create even greater infighting.

But Mr Najib, the son of Malaysia's second prime minister, has emerged unscathed by the prosecution of his bodyguards and is publicly ignoring the French inquiry and Mr Deepak's claims as he presents himself as a reformist, abolishing several restrictive laws and implementing a program to bolster unity among ethnic groups.

Malaysia's economy has fared well and the country is considered by the Work Bank to be an attractive place to do business. On January 8, Mr Najib denied rumours he had suffered a minor stroke due to the pressure of the allegations by Mr Deepak, saying he is healthy. ''So don't listen to the blogs, please,'' he said.

Analysts say the election will be the strongest ever challenge to UMNO's rule. Mr Najib has called the coming election ''a defining point for the destiny of the people and country''.

Thursday, January 3, 2013

Cops Offered Bribe -- By 'DSP'

In an act of startling foolishness, a suspected gang leader allegedly offered RM200 to an officer at the police headquarters here to secure the release of two men implicated in the recent gang rape of an Indonesian cleaner.

The 51-year-old suspect's stupidity began when he first identified himself to the investigating officer of the rape case as a deputy superintendent from Bukit Aman.

His alleged attempt to bribe police and impersonate an officer lasted less than five minutes at about 5pm on Tuesday. He was thrown into the lock-up.

Selangor CID chief SAC Mohd Adnan Abdullah said investigations revealed:

>> The suspect had a track record of posing twice as a police and government officer.

>> The two men detained in connection with the rape on Dec 23 are his gang members.

Mohd Adnan said: "It was very foolish of the suspect to attempt bribery in the police station. 

It was even more crazy of him to pose as a DSP."

The brazen act unfolded when the man coolly walked into to the police station and asked for the investigating officer by name.

He was taken to the officer's room where he introduced himself as a DSP from the Federal police headquarters.

He then allegedly offered RM200 "officer to officer" to quash the rape case and release his men.

Mohd Adnan said apart from a previous case of impersonating government officers he was also being sought for a cheating case.

The suspects in the gang rape, aged 27 and 29, were arrested on the same day of the incident.

The 27-year-old woman told police she was raped by at least six men at her workplace in Mentari Business Centre in Sunway Mentari.

Mohd Adnan said a manhunt was on for the other men who are believed to members of the same gang.

He said the bribery aspect of the case has been referred to Malaysian Anti-Corruption Commission (MACC).

Source : Yahoo News