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

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

Survey: One in 10 Has Paid A Bribe

Most Malaysians would rather pay their way out of trouble than join the fight against corruption.

Transparency International Malaysia (TI-M) president Datuk Paul Low said yesterday despite high awareness, many people still lacked the conviction to take a stand against corrupt practices.

"When forced by a situation (which requires them to give bribes), many people still choose to pay. It's almost become a way of life," he said after launching the TI-M Walk Against Corruption at the Lake Gardens here.

According to Low, a 2010 survey conducted by TI-M had found that at least one in 10 Malaysians had paid a bribe, while half of all businesses had lost contracts or clients as a result of graft.

He called on the public to play a greater role in combating graft, stressing that the struggle against corruption could not be fought by organisations such as TI-M or the Malaysian Anti-Corruption Commission alone.

"It starts with a small act. Just don't pay. And if you really want to take it further, report those responsible to the authorities."

Low said studies had proven that countries that did not tolerate corruption often enjoyed higher incomes and higher standards of living.

"In some other countries, however, nearly a third of a person's income goes to paying bribes. When a society reaches that state, it's a sure sign of a country's decline -- this is why we cannot allow corruption to continue."

More than 200 people joined in the walk, organised in conjunction with the United Nations International Anti-Corruption Day.

Source : New Straits Times

Malaysian Firms Lose Deals Due To Bribery

KUALA LUMPUR, Dec 5 – Malaysia tops the list in a Transparency International (TI) survey of 30 countries where companies felt they had lost deals because they did not pay bribes.

The Bribery Payers Survey was carried out locally by pollsters Gallup among 101 companies that deal with the private and public sector.

“Fifty per cent say ‘yes’, which is very high,” Datuk Paul Low, the president of TI’s Malaysian chapter, said at a press conference today.

“I think this should be a cause of concern for us,” he said, adding that it suggests corruption is deeply entrenched in the country’s system and institutions.

The question asked was: “During the last 12 months, do you think that your company has failed to win a contract or gain new business because a competitor has paid a bribe?”

Malaysia has the highest score at 50 per cent, followed by Mexico and Indonesia at 48 and 47 per cent respectively.

Japan had the lowest number of companies that believed they had lost business due to bribery at two per cent, while Singapore and South Korea scored nine and 11 per cent respectively.

In the same survey, Malaysia received a rating of 4.1 when the respondents were asked for their opinion on how common it is for public officials to demand or accept bribes.

Malaysia also scored a rating of 4.3 when those polled were asked: “How common is the misuse of public funds by high-ranking public officials and politicians?”

For these two questions, the rating is on a scale of one to five, with one indicating ‘never’ and five indicating ‘very common’.

When asked to rate the Putrajaya’s effectiveness in the fight against corruption in the private sector, 75 per cent felt the government was ineffective, while six per cent said it was effective.

According to Low, TI had chose the 30 countries because of the high level of international trade and investment in their countries.

Source : The Malaysian Insider

Former Alcatel Employee Charged With Bribery

A former employee of Alcatel Network Systems (M) Sdn Bhd was ordered to enter her defence on a corruption charge involving RM25,000.

Sessions judge Rozilah Salleh said in her ruling yesterday that the prosecution had proven a prima facie case against Radziah Ani, 50, who allegedly offered the bribe to Telekom Malaysia Bhd assistant manager Mohd Asri Idris as an inducement to obtain information on a tender exercise more than six years ago.

The bribe was allegedly for Mohd Asri to provide tender information on the supply of Wideband Code Division Multiple Access Mobile Communications System and the Provision of Works Phase 2.

The bribe was given by way of an Alcatel cash cheque. Radziah was alleged to have committed the offence at the Shangri-la Hotel in Jalan Sultan Ismail on Feb 17, 2006.

Yesterday, Radziah’s defence lawyer Sarah Abishegam said that her client and 25 other witnesses would be testifying for the defence.

The court fixed September 19 for continuation of trial.

Malaysian Anti-Corruption Commission deputy public prosecutor Wan Ahmad Nidzam said that nine witnesses testified for the prosecution’s case.

Radziah faces a maximum 20 years jail and a fine of RM10,000, or not less than five times the amount involved in the offence, whichever is higher.

Radziah was charged under the Anti-Corruption Act 1997 in July last year following reports that Malaysian authorities had started to probe accusations by US officials that Paris-based Alcatel-Lucent had given kickbacks to government officials in Latin America and Asia, including Malaysia, between December 2001 and June 2006.

Source : New Straits Times

Former GM Pleads Not Guilty to Bribery

A former company general manager claimed trial in a Sessions Courtto to accepting a bribe of RM2,900 last year.

Azman Anas who previously worked at Koperasi Sinarjaya Bandar Tenggara Kulaijaya Berhad pleaded not guilty to the charge Tuesday.

He was alleged to have received the money at around 12.40pm on Oct 20 last year from Oong Ah Lee as an inducement to approve an application to apply for a rock removing permit from Mukim Ulu Sungai Johor.

Azman was charged under Section 17(a) of the Malaysian Anti- Curruption Commission (MACC) Act 2009.

Sessions judge Mohamad Haldar Abdul Aziz set bail at RM7,000 for the offence.
Azman posted bail.

MACC prosecuting officer Noor Fazlin Hamdan prosecuted while the accused was represented by lawyer Noorul Ameen.

Source : The Star

2 Men Charged With Bribery Found Guilty

Two men were sentenced by the Shah Alam Sessions Court to one day jail and fined RM30,000 for their involvement in the supply of medical equipment to University Malaya Medical Centre.

Shahzan Ahmad, 36, and Misra Nedri Raflis, 34, were sentenced by judge Asmadi Hussin after they pleaded guilty to three charges. 

 

Shahzan Ahmad, a former UMMC assistant administration officer, admitted to receiving bribes totalling RM25,000 from Orion Shipping & Forwarding Sdn Bhd (OSF), a company which he knew was involved in bidding for a contract in supplying medical equipment.   

 

He committed the offences in Petaling Jaya on April 28, 2006, Oct 9, 2006 and April 10, 2007.

 

Misra, a manager of OSF, admitted to abetting Shahzan in obtaining the bribes. 

Source : New Straits Times

Ex-Sime Darby Senior GM Gets 27 Years for Corruption

A former senior general manager of Sime Darby Engineering Sdn Bhd was sentenced to 27 years' jail and fined RM894,400 on five counts of corruption involving over RM180,000.

Sessions Court judge Ahmad Zamzani Mohd Zain made the decision after the defence failed to cast reasonable doubt on all the charges against Md Zaki Othman, at the close of the defence case.
Zaki, 50, who was based in Pasir Gudang, Johor looked calm when the sentence was read. The court ordered him to serve another 112 months' jail if he failed to pay the fine.

Ahmad Zamzani said the defence case was merely based on denial and regarded Zaki's explanation as dishonest and unreasoanable.

"The alibi given by a defence witness is baseless, unreasonable and failed to destroy the perception that bribery in the form of wristwatches and furniture were corruption," said the judge.

However, the court allowed suspension of jail sentence pending appeal in the High Court and ordered Zaki to surrender his passport to the court and report to the nearest police station once a month.

Zamzani also ordered that the bail of RM45,000 imposed on Zaki be raised to RM70,000 with one surety.

For the first charge, Zaki was sentenced to four years' jail and fined RM168,000 or 18 months' jail and for the second charge, five years' jail and fined RM108,500 or 20 months' jail.

He was sentenced to five years' jail and fined RM153,000 or 20 months for the third charge and six years' jail and fined RM164,900 or 24 months' jail for the fourth charge.


For the fifth charge, Zaki was sentenced to seven years' jail and fined RM300,000 or 30 months' jail.

The court ordered that all the sentences run consecutively.

For the first charge, Zaki was alleged to have received RM33,600 bribe in the form of furniture from Abdul
Salam Ahmad, at his house in Jalan Austin Perdana 2/11, Taman Austin Perdana here at 10am on Dec 14, 2007.

The money was to help the contractor obtain a letter of intent (LOI) dated Jan 11, 2008 for the project "EPCIC for MOQ Package 16, BE Process and BG Utility Platforms worth RM23,901.959 for Duplex Energy Sdn Bhd.

The charge under Section 11 (a) of Prevention of Corruption Act 1997 carries the maximum jail sentence of 20 years' and fine not less five times the amount of bribe or RM10,000, whichever is higher.

For the second charge, Zaki was alleged to have received a Rolex wristwatch worth RM21,700 from Abdul Salam at the same address at 9pm on March 10, 2009, as inducement to help approve and expedite progress payment for the contract "EPCIC for MOQ Package 16, BE Process and BG Utility Platforms" at Sime Darby Engineering Sdn Bhd, Pasir Gudang and sub-contract project Kumang & Tangga Barat Cluster Development Project (Phase 1) for Duplex Energy Sdn Bhd.

The charge under Section 17 (a) of Malaysian Anti-Corruption Commission (MACC) Act 2009 carries the maximum 20 years' jail sentence and fine five times the amount of bribe or RM10,000, whichever is higher.

For the third charge, Zaki was alleged to have asked for bribe in the form of IWC wristwatch worth RM32,980 from Abdul Salam at Hour Glass Sdn Bhd, Lot 10 Shopping Centre in Jalan Sultan Ismail here between 1.30pm and 4.30pm between March 13 and 15, 2009.

It was as inducement to help the contractor to obtain LOI for a small contract, Kumang & Tangga Barat Cluster Development Project (Phase 1) by the contractor's company that deals in oil and gas engineering.

For the fourth charge, Zaki was accused of receiving bribe in the form of a Hublot wristwatch worth RM60,000 from Abdul Salam at 10am between May 13, 2009 and May 15, 2009, as inducement to approve and expedite progress payment for the contract "EPCIC for MOQ Package 16, BE Process and BG Utility Platforms' at Sime Darby Engineering Sdn Bhd, Pasir Gudang and the small contract, Kumang & Tangga Barat Cluster Development Project (Phase 1) by the contractor's company.

The third and fourth charges under Section 16 (a) (A) of MACC Act 2009 carry the maximum jail sentence of 20 years' and fine five times the amount of bribe or RM10,000, whichever is higher.

For the fifth charge, Zaki was alleged to have asked Abdul Salam for a RM33,600 bribe in the form of a furniture set at Europe Asia Furniture Expo Sdn Bhd, Jalan Universiti, Petaling Jaya near here on Nov 28, 2007.

He was charged under Section 11 (a) of Prevention of Corruption Act 1997 that carries maximum jail sentence of 20 years' and fine five times the amount of bribe or RM10,000, whichever is higher. Earlier, Zaki's counsel T.Vijayasandran pleaded for a light sentence as his client had lost his job and asked that the jail sentences run concurrently.

DPP Muhammad Saifuddin Hashim Musaimi of MACC asked the court for a deterrent sentence as being a senior general manager at Sime Darby, Zaki should show a good example to the organization and his subordinates.

"With a salary of RM39,000 per month, it is unreasonable of him to commit corruption and the case should not have happened," he said.

The prosecution produced 29 witnesses and the defence eight witnesses including the accused who were called to give testimony during the hearing beginning Feb last year. BERNAMA

Source : The Star

MCMC Deputy Director Charged With Abetment in Bribery Case

A deputy director of the Malaysian Communication and Multimedia Commission was charged in a Sessions Court with abetment to solicit a RM250,000 bribe.

Noor Mohamed Khan Mohamed Mastan, 39, of MCMC's content and enforcement division, claimed trial to abetting his wife Suraya Hani Ahmad Zaki and managing director Noorshidin Mohd Noor in soliciting the bribe from Siaga Informatics Sdn Bhd chief operating officer Mohd Shukri Othman.

(Suraya Hani, an accounts manager, and Noorshidin are working in different companies).

They allegedly solicited the bribe for helping Siaga Informatics obtain a letter of award for the designing, implementing, testing and commissioning of MCMC's digital forensics lab at the MCMC's office.

The offence was allegedly committed at Siaga Informatics Sdn Bhd, Suite 2-6, Level 6, Jalan USJ 9/5T,
Subang Business Centre in Subang Jaya at 10.25am on March 14.

Suraya Hani and Noorshidin were also charged with a similar offence in another court.

Source : The Star

Appeal against ex-CEO’s acquittal dropped

A former chief operating officer of Telekom Malaysia Berhad’s subsidiary company is a free man after the prosecution withdrew its application for an appeal against his acquittal.

High Court judge Justice Datuk Mohamad Zabidin Diah granted the application for Datuk Ibrahim Nasir, who was charged with two counts of bribery.

On April 1, 2008, the prosecution filed an appeal against a Sessions Court decision on March 27 that year which acquitted and discharged Ibrahim, 63, without calling for his defence.

Ibrahim had been charged with dishonestly accepting a bribe of three return air tickets to London totalling RM37,806.

The three tickets were said to have been accepted from Putrajaya Bumi Holding Sdn Bhd general manager Kamal Amir Kamal Hijjaz as an inducement for Ibrahim to give a recommendation to Kamal Amir for a contract to supply a carpet for Telekom Malaysia Berhad’s headquarters

Source : The Star

Ex-Sime Darby senior GM ordered to enter defence against bribery charges

A former senior general manager of Sime Darby Engineering Sdn Bhd in Pasir Gudang, Johor, was ordered by a Sessions Court here Wednesday to enter his defence over five counts of accepting bribes amounting to RM181,880.

Judge Ahmad Zamzani Mohd Zain came to the decision after the prosecution managed to establish a prima facie case against Md Zaki Othman, 49.

In his judgement, Ahmad Zamzani said the prosecution had adduced sufficient evidence against the accused through witnesses and documents tendered in court.

He then set three days for the accused to enter his defense, starting Jan 11, 2012.

On the first count, Md Zaki allegedly accepted RM33,600 in cash from a contractor, as payment for a set of furniture in his house in Taman Austin Perdana about 10am on Dec 14, 2007.

The bribe was claimed to be an inducement to secure a Letter of Intent dated Jan 11, 2008 for an oil and gas project worth RM23,901,959.

He was charged under the Anti-Corruption Act of 1997 (ACA 1997) which provides for a maximum 20-year imprisonment and fine of not less than five times the bribe or RM10,000, whichever is higher, upon conviction.

On the second count, Md Zaki allegedly accepted a Rolex watch worth RM21,700 also from the same contractor, at the same address about 9pm on March 10, 2009.

It was apparently to approve and hasten progress payment claims for a Sime Darby Engineering Sdn Bhd, Pasir Gudang, contract and sub-contract.

The charge was brought under the Malaysian Anti-Corruption Commission Act 2009 (MACC Act) which carries a maximum 20-year imprisonment and fine of not less than five times the bribe or RM10,000 whichever is higher, upon conviction.

As for the third and fourth count, Md Zaki was charged under the MACC Act with asking for and accepting two designer watches worth RM32,980 and RM60,000 during March and May 2009 respectively, as inducement to secure a Letter of Intent for the same contractor and approve and hasten progress payment claims for a contract and sub-contract carried out by the contractor's company.

Upon conviction of each count, the accused faces a maximum of 20 years imprisonment and fine of not less than five times the bribe or RM10,000, whichever is higher.

On the last count, Md Zaki was charged with asking for RM33,600 from the shame contractor for a set of furniture on Nov 28 2007.

MACC deputy public prosecutor Muhammad Saifuddin Hashim Musaimi presented 26 witnesses throughout his case and Md Zaki was represented by T. Vijayasandran. - Bernama

Source : The Star

Pelated News : Ex-manager in bribery case granted discharge

Manager guilty of bribing officer

A furniture factory manager was jailed a day and fined RM20,000 or six months in jail, after he pleaded guilty to bribing a Tenaga Nasional Bhd senior manager of RM4,000 in May.

Sessions court judge Rosbiaha­nin Ariffin sentenced Tan Boon Hin, 57, after he pleaded guilty to the charge last month.

Tan was charged with offering the bribe to Rumaizi Mohd Amin from the TNB’s investigation division as an incentive to not take action against him over an electricity-related offence.

He committed the offence at Starbucks in Bangsar Village here at about 10.45am on May 25.

The offence is chargeable under Section 17(b) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.

In a separate case, a marketing manager claimed trial to bribing Rumaizi with RM25,000 as an incentive to not take action over an electricity-related offence at the Piau Kee Live and Frozen Seafoods Sdn Bhd premises in Kg Cheras Baru.

Cheah Peck Hiong, 39, was charged with committing the offence under Section 17(b) of the MACC Act, at a restaurant in Bangsar Shopping Centre at 5.40pm on May 24. It carries a 20-year jail term and fine five times the bribery amount, if convicted.

MACC deputy public prosecutor Sophian Zakaria prosecuted while lawyer R. Babu represented Cheah, who was granted a RM10,000 bail.

The court fixed Dec 21 for mention.

Source : The Star

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’

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

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

PKFZ case now in High Court

The cheating case of former transport minister Tan Sri Chan Kong Choy relating to the Port Klang Free Zone (PKFZ) scandal will be transferred to the Kuala Lumpur High Court.

Sessions judge Azhaniz Teh Azman allowed an application by DPP Datuk Nordin Hassan to transfer the case.

Azhaniz also struck out Chan’s application to have his trial stayed pending disposal of the cheating trial of former transport minister Tun Dr Ling Liong Sik after he (Chan) withdrew the application, with liberty to file the application afresh.

Chan’s defence team said that they are waiting for more documents.

“Since (Dr Ling’s) case is in High Court, I suppose the Attorney-General thinks it should be tried there as well,” counsel Arthur Wang said in an interview outside the court.

On Feb 28, Chan pleaded not guilty to three counts of deceiving former prime minister Tun Abdullah Ahmad Badawi into approving Kuala Dimensi Sdn Bhd as the turnkey developer to carry out development of the Tran­shipment Hub project in the Pulau Indah Free Zone and renovation works at the PKFZ site amounting to RM1.9bil.

The former MCA deputy president was accused of committing the offence at the fourth floor of the main block at the former Prime Minister’s office in Perdana Putra building here between February 2004 and March 2006.

Chan, who was also former Selayang MP, faces a jail term of up to five years, a fine, or both for each charge under Section 417 of the Penal Code.

He was the second VVIP to be charged under the controversial PKFZ project after his predecessor and MCA president Dr Ling was charged in 2010, also for cheating.

Attorney-General Tan Sri Abdul Gani Patail heads the prosecution and is assisted by DPPs Datuk Nordin Hassan, Dzulkifli Ahmad and Manoj Kurup. Chan is also represented by Badrul Munir Bukhari and Azad Bashir.

Source : The Star

Related News : Zakaria denies telling inquiry costs built-in to PKFZ land price

Zakaria denies telling inquiry costs built-in to PKFZ land price

Retired Transport Ministry secretary-gen­eral Datuk Zakaria Bahari denied ever telling the Parliament inquiry into the Port Klang Free Zone (PKFZ) project that the RM25psf price was inclusive of the interest, the High Court heard.

Testifying in court yesterday, he said although he told the Public Accounts Committee (PAC) thrice that the land cost did include basic infrastructure, he never said that the interest was included in the price.

He made this admission under cross-examination by former transport minister Tun Dr Ling Liong Sik’s counsel Wong Kian Kheong, despite telling the court that it was his opinion that the RM25psf did include interest.

Wong: I put it to you that your opinion, based on Valuation and Property Services Department (JPPH)’s valuation, that RM25psf was inclusive of interest is not accurate.

Zakaria: I disagree.

During the re-examination by DPP Tun Abdul Majid Hamzah, Zakaria said in a meeting on Jan 26, 2002, by Port Klang Authority (PKA) and JPPH, the PKA had revealed the latest terms and condition which had been negotiated.

He said the RM25psf did not include the interest element and that no one at the meeting had objected.

Questioned by Abdul Majid why he never told PAC of that detail, he said this was because he was never asked.

JPPH’s valuation had stated that a RM25psf price consideration could be used for the purpose of the issuance of bonds when read together with the 10-year repayment period with a yearly 6% interest and a 5% deposit.

Earlier, Zakaria told the court that Dr Ling had given the PKA general manager Datin O.C. Phang the green light to go ahead and buy the land on the same day that the Cabinet had decided to purchase it, saying this was conveyed to Phang during the post-Cabinet meeting as “Cabinet had already decided.” Hearing continues on Oct 3.

Source : The Star

Related News : Ministry found PKFZ project viable, court told

Ministry found PKFZ project viable, court told

The Port Klang authority did not file any suit to nullify the sales and purchase agreement for the purchase of the piece of land in the Port Klang Free Zone (PKFZ) project, a former senior Transport Ministry official told the High Court.

Cross-examined by former transport minister Tun Dr Ling Liong Sik’s counsel Wong Kian Kheong yesterday, former chief assistant secretary of the Transport Ministry’s maritime division P. Chandrasekaran said that until he left his position in December 2004, he did not receive any suit from the Port Klang Authority (PKA) to nullify the agreement on grounds of encumbrances or misrepresentation by land owners Kuala Dimensi Sdn Bhd (KDSB).

When asked if he was aware that the PKA had taken possession of the 404.6ha land, he said: “No.”

He added that he was also not aware “until today” that the land title had been taken by the PKA.

Chandrasekaran also said that when the memorandum was submitted to the Finance Ministry, it was looked at by the ministry’s special adviser Tan Sri Ali Abul Hassan.

Chandrasekaran agreed with Wong that Ali Abul had carried out a commercial evaluation of the project and he found it commercially viable.

Also called to the witness stand was the ministry’s former secretary-general Datuk Zaharaah Shaari, who told the court that she had not seen any of the documents, including letters and memos, over the purchase of the land for the PKFZ project.

Dr Ling has claimed trial to an amended principal charge of deceiving the Government by not revealing 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 the Finance Ministry’s 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 Minis-ter’s office in Putrajaya between Sept 25 and Nov 6, 2002.

Source : The Star

Related News : Dr Ling sent notes to explain confusion

PKFZ: Dr Ling sent notes to explain confusion

Former transport minister Tun Dr Ling Liong Sik sent two short notes to the Cabinet in 2002 to clarify the confusion over the sale and purchase of land in Pulau Indah, the High Court was told.

The ministry's former maritime principal assistant secretary, P. Chandrasekaran, said the notes under the heading Repossession of Pulau Indah Land for Mega Distribution Hub Project by Port Klang Authority (PKA) were also to explain the fraudulent claim by Kuala Dimensi Sdn Bhd (KDSB).

Under cross-examination by Dr Ling's counsel, Wong Kian Kheong, he said the two notes sent on Oct 29, 2002 contained certain information, among them, the ministry's activities in its bid to get the land through sale and purchase with follow-up meetings and active discussions between PKA, as well as KDSB.

The notes also explained that on June 12, 2001, the finance ministry decided that the land be acquired through repossession, rather than purchase, as the price was too high as compared to its development potential.

Earlier, the fifth prosecution witness told the court there was no error in the contents of the two notes, adding he did not send any letter to Dr Ling to inform him of any.

Chandrasekaran, 56, also said he had not seen any letter, note or memo from the fourth witness, former transport ministry deputy secretary-general (Planning) Datuk Abdul Rahman Mohd Noor, 61, PKA, or a lawyer indicating there was any error in the two notes.

Dr Ling, is charged with deceiving the government by concealing the fact that the interest rate of 7.5 per cent per annum was additional to the purchase price of Lot 67894 at RM25 psf - totalling RM1,088,456,000 - despite knowing that the Valuation and Property Services Department (JPPH) had already taken the interest into account when it valued the land at RM25 psf.

He faces two alternative charges of deceiving the Cabinet into believing that the purchase of Lot 67894 at RM25 psf and the 7.5 per cent interest rate were acknowledged and agreed to, by the JPPH despite knowing that there was no such agreement.

He allegedly committed the offences on the fourth floor of the Prime Minister's Office at Perdana Putra, Putrajaya, between Sept 25 and Nov 6, 2002.

Source : The Star

Related News : Defence challenges witness in PKFZ case

Defence challenges witness in PKFZ case

The defence in the trial of three people accused of cheating OSK Trustees in the Port Klang Free Zone (PKFZ) project has raised doubts over a prosecution witness’ qualification to give testimony on Tenaga Nasional Bhd (TNB) matters.

DPP Farhan Read had been examining witness A. Murytharan, who is Port Klang Authority (PKA) engineering deputy general manager, on a letter from TNB dated Jan 6, 2006, which stated that only civil engineering works for the 33kV of electricity supply project could be carried out by Kuala Dimensi.

At this juncture, lawyer Tan Hock Chuan, representing one of the accused, rose and said the witness who should testify on the matter should come from TNB.

The accused in the case are former Kuala Dimensi project manager Law Jenn Dong, 53, architect Bernard Tan Seng Swee, 50, from BTA Architect, and Kuala Dimensi chief operating officer Stephen Abok, 53.

Tan, who is representing Law, said it would not be fair to his client if Murytharan was deemed qualified to give evidence on the issue based on him receiving a copy of the TNB letter.

Lawyer Datuk V. Sithambaram, representing Bernard Tan, said the prosecution’s move to examine the witness on the letter of approval by TNB was prejudicial to his client.

However, head of prosecution Dzulkifli Ahmad said the witness was only testifying about what he understood from the letter.

Dzulkifli, who is the head of the forfeiture unit of the Attorney-General’s Chambers, said PKA should give its view on the issue in the course of the proceedings.

Judge Asmadi Husin allowed Murytharan to continue with his testimony.

Murytharan told the court that the PKA later held three meetings in January 2006 to discuss the electricity infrastructure project in PKFZ, attended, among others, by him, PKA general manager Datin Paduka O.C. Phang, Law, electricity consultant Yow Kai Yong, Bernard Tan and TNB representatives.

At this juncture, Asmadi adjourned the proceedings after Murytharan told the court that he was unwell.

The trial resumes on Nov 15. — Bernama

Source : The Star

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