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
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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
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
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
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
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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
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
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
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