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
Showing posts with label General News. Show all posts
Showing posts with label General News. Show all posts
Sunday, July 7, 2013
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
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
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
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
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
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
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 CafĂ© 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
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 CafĂ© 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
Thursday, December 27, 2012
Four Plead Guilty To Accepting Bribes
A Bentong Municipal Council assistant enforcement officer pleaded
guilty at the Sessions Court yesterday to accepting a bribe in Sept last
year.
Ahmad Razif Abdul Raof, 35, was charged under the Malaysian Anti Corruption Commission Act (MACC) 2009 with obtaining RM500 from Gow Mor Meng as inducement to refrain from issuing a summons for illegal renovations at his shop lot, Mercury Pharmacy.
He faces up to 20 years in prison or not less than five times the bribe or RM10,000, whichever is higher, upon conviction.
Judge Fathiyah Idris set bail at RM3,000 with one surety and fixed Jan 23 2013 for remention.
In the same court, Seh June Yew, 24, a visitor to the Genting Highlands casino, pleaded not guilty to offering a RM50 bribe to auxiliary policeman Jaspal Singh Santokh Singh in October last year.
He allegedly committed the offence to evade being detained for taking a girl below 21 years into the casino.
Seh was also charged under the MACC Act 2009 and faces the same sentence as Ahmad Razif, upon conviction.
Judge Fathiyah set bail at RM1,500 with one surety and fixed Jan 23 2013 for remention.
Meanwhile, another two cases in the same court, also under the MACC Act 2009, saw two policemen pleading guilty to three charges of accepting bribes in 2010 and this year.
Sgt Mohamad Sohaimy Arshad, 50, from the Criminal Investigations department of the Bera police head quarters was charged with receiving two bribes totalling M1,300 bribe on Jan 3 to unconditionally release Saiful Fazli Hanipah, a motorbike theft suspect.
He was allowed bail at RM2,000 with one surety for each charge and remention on Jan 28 2013.
Sgt Major Azizan Saad, 53, of the Temerloh police head quarters was charged with obtaining a RM500 bribe from Chew Kok Roon who was allegedly running an illegal money lending business, on Aug 17 2010 in Mentakab.
Both the suspects face up to 20 years in prison or not less than five times the bribe or RM10,000, whichever is higher, upon conviction under the MACC Act 2009.
The judge set bail at RM3,000 with one surety for Azizan and fixed Jan 23 2013 for remention.
All four cases were handled by MACC prosecuting officer Mohd Norazman Jaya. — Bernama
Ahmad Razif Abdul Raof, 35, was charged under the Malaysian Anti Corruption Commission Act (MACC) 2009 with obtaining RM500 from Gow Mor Meng as inducement to refrain from issuing a summons for illegal renovations at his shop lot, Mercury Pharmacy.
He faces up to 20 years in prison or not less than five times the bribe or RM10,000, whichever is higher, upon conviction.
Judge Fathiyah Idris set bail at RM3,000 with one surety and fixed Jan 23 2013 for remention.
In the same court, Seh June Yew, 24, a visitor to the Genting Highlands casino, pleaded not guilty to offering a RM50 bribe to auxiliary policeman Jaspal Singh Santokh Singh in October last year.
He allegedly committed the offence to evade being detained for taking a girl below 21 years into the casino.
Seh was also charged under the MACC Act 2009 and faces the same sentence as Ahmad Razif, upon conviction.
Judge Fathiyah set bail at RM1,500 with one surety and fixed Jan 23 2013 for remention.
Meanwhile, another two cases in the same court, also under the MACC Act 2009, saw two policemen pleading guilty to three charges of accepting bribes in 2010 and this year.
Sgt Mohamad Sohaimy Arshad, 50, from the Criminal Investigations department of the Bera police head quarters was charged with receiving two bribes totalling M1,300 bribe on Jan 3 to unconditionally release Saiful Fazli Hanipah, a motorbike theft suspect.
He was allowed bail at RM2,000 with one surety for each charge and remention on Jan 28 2013.
Sgt Major Azizan Saad, 53, of the Temerloh police head quarters was charged with obtaining a RM500 bribe from Chew Kok Roon who was allegedly running an illegal money lending business, on Aug 17 2010 in Mentakab.
Both the suspects face up to 20 years in prison or not less than five times the bribe or RM10,000, whichever is higher, upon conviction under the MACC Act 2009.
The judge set bail at RM3,000 with one surety for Azizan and fixed Jan 23 2013 for remention.
All four cases were handled by MACC prosecuting officer Mohd Norazman Jaya. — Bernama
Friday, December 14, 2012
Monday, December 10, 2012
TI-M president: Malaysians Have No Conviction To Fight Corruption
Malaysians rather pay their way out of trouble despite knowing corruption is wrong.
Transparency International-Malaysia (TI-M) president Datuk Paul Low said Malaysians were aware of corruption but had no conviction to fight it.
“I believe as much as they are aware (of corruption), when faced with a situation, they will probably pay their way out of trouble because to a certain extent, corruption has become a way of life,” he said after launching a walk against corruption at Taman Tasik Perdana yesterday.
In citing a 2010 Global Corruption Barometer survey conducted by TI-M, Low said that it found one in 10 Malaysians had paid a bribe.
However, he believed the actual number could be higher at two or three to 10.
He said another survey conducted with businessmen found one out of two have lost contracts or sales due to non-payment of bribes.
“We are afraid if nothing is done to tackle corruption, it can be endemic and institutionalised,” he said.
He said Malaysians should change their attitude by being firm and say no when someone solicited bribes.
He said all stakeholders had to fight against corruption and uphold integrity, with society playing the role of a watchdog.
“We don't pay, we don't bribe. If someone ask for a bribe or extort from us, we have to inform the MACC (Malaysian Anti-Corruption Commission),” he said.
He paid tribute to the Government's seriousness in tackling graft, saying that Malaysia was likely the only country in the world to use the transparency index as part of its Key Performance Index (KPI).
He said the Government had also passed the Whistleblowing Protection Act, uploaded names of those charged with corruption on MACC's website and set up a whistleblowing hotline.
“Additionally, 14 courts to handle corruption cases are being established as well as getting companies to sign the Corporate Integrity Pledge to uphold anti-corruption principles.
“It shows we are prepared to tackle corruption head-on,” he said.
Source : The Star
Transparency International-Malaysia (TI-M) president Datuk Paul Low said Malaysians were aware of corruption but had no conviction to fight it.
“I believe as much as they are aware (of corruption), when faced with a situation, they will probably pay their way out of trouble because to a certain extent, corruption has become a way of life,” he said after launching a walk against corruption at Taman Tasik Perdana yesterday.
In citing a 2010 Global Corruption Barometer survey conducted by TI-M, Low said that it found one in 10 Malaysians had paid a bribe.
However, he believed the actual number could be higher at two or three to 10.
He said another survey conducted with businessmen found one out of two have lost contracts or sales due to non-payment of bribes.
“We are afraid if nothing is done to tackle corruption, it can be endemic and institutionalised,” he said.
He said Malaysians should change their attitude by being firm and say no when someone solicited bribes.
He said all stakeholders had to fight against corruption and uphold integrity, with society playing the role of a watchdog.
“We don't pay, we don't bribe. If someone ask for a bribe or extort from us, we have to inform the MACC (Malaysian Anti-Corruption Commission),” he said.
He paid tribute to the Government's seriousness in tackling graft, saying that Malaysia was likely the only country in the world to use the transparency index as part of its Key Performance Index (KPI).
He said the Government had also passed the Whistleblowing Protection Act, uploaded names of those charged with corruption on MACC's website and set up a whistleblowing hotline.
“Additionally, 14 courts to handle corruption cases are being established as well as getting companies to sign the Corporate Integrity Pledge to uphold anti-corruption principles.
“It shows we are prepared to tackle corruption head-on,” he said.
Source : The Star
Wednesday, December 5, 2012
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
Monday, November 26, 2012
Perception of Corruption Does Not Reflect Reality of Malaysia’s Growth
The "overwhelmed" perception of corruption does not reflect the
reality of Malaysia as its socio-economy has been growing steadily.
Institute for Democracy and Economic Affairs (IDEAS) senior fellow, Anis Yusal Yusoff said the country had performed well in receiving investment from foreign and local entrepreneurs, generating good economic growth and good human development rate.
He said despite Malaysia's Corruption Perception Index (CPI) score of 4.3 in the Transparency International Report 2011, Malaysia's growth rates had been consistently healthy over the past 12 years, averaging 4.8 percent year on year growth.
"Our brief survey in this study shows that Malaysia's investment rate, growth rate, as well as human development rate are not going the way it should if Malaysia is truly as corrupt as perceived," he said in his paper titled "Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia".
The 72-page paper was delivered at the "Eradicating Corruption: How Successful Have We Been?" Forum which was closed by former prime minister Tun Abdullah Ahmad Badawi at the Malaysian Anti-Corruption Commission Academy, here, on Monday.
Anis Yusal said Malaysia experienced a very quick recovery in 2010 with the second quarter growth reaching above 10 percent.
He said Malaysia also attracted high levels of foreign direct investment (FDI) at a sustained level.
"Investment rates are more strongly associated with perceived corruption than other economic indicators and usually one would expect that higher corruption would deter FDI."
He said the CPI score indicated that a heightened attention could have triggered among members of the public as well as their awareness of the negative impact of corruption on society and the economy.
"In one sense, this trend is positive. It is encouraging to see the public exercise more oversight on this important issue and for them to make the government more accountable," he said.
He added that there was possibility that the increased public perception on corruption was caused by concerted campaigns by politicians to accuse the other party as more corrupt than they really were. - Bernama
Source : The Star
Institute for Democracy and Economic Affairs (IDEAS) senior fellow, Anis Yusal Yusoff said the country had performed well in receiving investment from foreign and local entrepreneurs, generating good economic growth and good human development rate.
He said despite Malaysia's Corruption Perception Index (CPI) score of 4.3 in the Transparency International Report 2011, Malaysia's growth rates had been consistently healthy over the past 12 years, averaging 4.8 percent year on year growth.
"Our brief survey in this study shows that Malaysia's investment rate, growth rate, as well as human development rate are not going the way it should if Malaysia is truly as corrupt as perceived," he said in his paper titled "Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia".
The 72-page paper was delivered at the "Eradicating Corruption: How Successful Have We Been?" Forum which was closed by former prime minister Tun Abdullah Ahmad Badawi at the Malaysian Anti-Corruption Commission Academy, here, on Monday.
Anis Yusal said Malaysia experienced a very quick recovery in 2010 with the second quarter growth reaching above 10 percent.
He said Malaysia also attracted high levels of foreign direct investment (FDI) at a sustained level.
"Investment rates are more strongly associated with perceived corruption than other economic indicators and usually one would expect that higher corruption would deter FDI."
He said the CPI score indicated that a heightened attention could have triggered among members of the public as well as their awareness of the negative impact of corruption on society and the economy.
"In one sense, this trend is positive. It is encouraging to see the public exercise more oversight on this important issue and for them to make the government more accountable," he said.
He added that there was possibility that the increased public perception on corruption was caused by concerted campaigns by politicians to accuse the other party as more corrupt than they really were. - Bernama
Source : The Star
Monday, August 13, 2012
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.
Friday, November 25, 2011
Appeal against ex-CEO’s acquittal dropped
A former chief operating officer of Telekom Malaysia Berhad’s subsidiary company is a free man after the prosecution withdrew its application for an appeal against his acquittal.
High Court judge Justice Datuk Mohamad Zabidin Diah granted the application for Datuk Ibrahim Nasir, who was charged with two counts of bribery.
On April 1, 2008, the prosecution filed an appeal against a Sessions Court decision on March 27 that year which acquitted and discharged Ibrahim, 63, without calling for his defence.
Ibrahim had been charged with dishonestly accepting a bribe of three return air tickets to London totalling RM37,806.
The three tickets were said to have been accepted from Putrajaya Bumi Holding Sdn Bhd general manager Kamal Amir Kamal Hijjaz as an inducement for Ibrahim to give a recommendation to Kamal Amir for a contract to supply a carpet for Telekom Malaysia Berhad’s headquarters
Source : The Star
High Court judge Justice Datuk Mohamad Zabidin Diah granted the application for Datuk Ibrahim Nasir, who was charged with two counts of bribery.
On April 1, 2008, the prosecution filed an appeal against a Sessions Court decision on March 27 that year which acquitted and discharged Ibrahim, 63, without calling for his defence.
Ibrahim had been charged with dishonestly accepting a bribe of three return air tickets to London totalling RM37,806.
The three tickets were said to have been accepted from Putrajaya Bumi Holding Sdn Bhd general manager Kamal Amir Kamal Hijjaz as an inducement for Ibrahim to give a recommendation to Kamal Amir for a contract to supply a carpet for Telekom Malaysia Berhad’s headquarters
Source : The Star
Tuesday, November 22, 2011
Manager guilty of bribing officer
A furniture factory manager was jailed a day and fined RM20,000 or six months in jail, after he pleaded guilty to bribing a Tenaga Nasional Bhd senior manager of RM4,000 in May.
Sessions court judge Rosbiahanin Ariffin sentenced Tan Boon Hin, 57, after he pleaded guilty to the charge last month.
Tan was charged with offering the bribe to Rumaizi Mohd Amin from the TNB’s investigation division as an incentive to not take action against him over an electricity-related offence.
He committed the offence at Starbucks in Bangsar Village here at about 10.45am on May 25.
The offence is chargeable under Section 17(b) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
In a separate case, a marketing manager claimed trial to bribing Rumaizi with RM25,000 as an incentive to not take action over an electricity-related offence at the Piau Kee Live and Frozen Seafoods Sdn Bhd premises in Kg Cheras Baru.
Cheah Peck Hiong, 39, was charged with committing the offence under Section 17(b) of the MACC Act, at a restaurant in Bangsar Shopping Centre at 5.40pm on May 24. It carries a 20-year jail term and fine five times the bribery amount, if convicted.
MACC deputy public prosecutor Sophian Zakaria prosecuted while lawyer R. Babu represented Cheah, who was granted a RM10,000 bail.
The court fixed Dec 21 for mention.
Source : The Star
Sessions court judge Rosbiahanin Ariffin sentenced Tan Boon Hin, 57, after he pleaded guilty to the charge last month.
Tan was charged with offering the bribe to Rumaizi Mohd Amin from the TNB’s investigation division as an incentive to not take action against him over an electricity-related offence.
He committed the offence at Starbucks in Bangsar Village here at about 10.45am on May 25.
The offence is chargeable under Section 17(b) of the Malaysian Anti-Corruption Commission (MACC) Act 2009.
In a separate case, a marketing manager claimed trial to bribing Rumaizi with RM25,000 as an incentive to not take action over an electricity-related offence at the Piau Kee Live and Frozen Seafoods Sdn Bhd premises in Kg Cheras Baru.
Cheah Peck Hiong, 39, was charged with committing the offence under Section 17(b) of the MACC Act, at a restaurant in Bangsar Shopping Centre at 5.40pm on May 24. It carries a 20-year jail term and fine five times the bribery amount, if convicted.
MACC deputy public prosecutor Sophian Zakaria prosecuted while lawyer R. Babu represented Cheah, who was granted a RM10,000 bail.
The court fixed Dec 21 for mention.
Source : The Star
Thursday, November 10, 2011
Two cops charged with bribery
Two policemen claimed trial in a magistrate’s court here with asking for and receiving an RM800 bribe from two men.
Konst Shaiful Azmi Zakaria, 32, and Konst Mohamad Izranazezi Ismail, 23, are jointly charged with asking for the bribe from Seng Thean Sun as an inducement not to take action against him for driving a modified car.
They are alleged to have committed the offence at about 10.30am in Jalan Kampung Jawa Baru on Jan 10.
The offence under Section 16(a)(B) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is punishable under Section 24 with a jail term of up to 20 years and a fine of not less than five times the amount of bribe or RM10,000, whichever is higher.
They are also charged with receiving an RM800 bribe from Mohd Khairi Haron at 1.40pm on the same day in Jelutong as an inducement not to take action against Seng.
The charge under Section 17(a) of the MACC Act 2009 is also punishable under Section 24.
Magistrate Siti Salwa Ja’afar set bail at RM5,000 each with one surety and fixed Dec 16 for mention.
Source : The Star
Konst Shaiful Azmi Zakaria, 32, and Konst Mohamad Izranazezi Ismail, 23, are jointly charged with asking for the bribe from Seng Thean Sun as an inducement not to take action against him for driving a modified car.
They are alleged to have committed the offence at about 10.30am in Jalan Kampung Jawa Baru on Jan 10.
The offence under Section 16(a)(B) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is punishable under Section 24 with a jail term of up to 20 years and a fine of not less than five times the amount of bribe or RM10,000, whichever is higher.
They are also charged with receiving an RM800 bribe from Mohd Khairi Haron at 1.40pm on the same day in Jelutong as an inducement not to take action against Seng.
The charge under Section 17(a) of the MACC Act 2009 is also punishable under Section 24.
Magistrate Siti Salwa Ja’afar set bail at RM5,000 each with one surety and fixed Dec 16 for mention.
Source : The Star
Thursday, November 3, 2011
Lorry driver held for trying to bribe cop
Police have apprehended a lorry driver for trying to bribe a traffic policeman at a roadblock near Batu Kawah on Tuesday.
The driver, a 33-year-old man from Taman Mei Mei Stakan, was ferrying diesel when he was stopped at the roadblock.
The policeman checked his permit and found that it had expired on Nov 28, 2008.
The driver tried to buy his way out by offering RM100 to the policeman, who insisted on issuing a summons.
It is believed that the driver kept asking the policeman to keep the money and let him go and this led to his detention.
The driver will be referred to the Malaysia Anti-Corruption Commi–ssion for further action.
Source : The Star
The driver, a 33-year-old man from Taman Mei Mei Stakan, was ferrying diesel when he was stopped at the roadblock.
The policeman checked his permit and found that it had expired on Nov 28, 2008.
The driver tried to buy his way out by offering RM100 to the policeman, who insisted on issuing a summons.
It is believed that the driver kept asking the policeman to keep the money and let him go and this led to his detention.
The driver will be referred to the Malaysia Anti-Corruption Commi–ssion for further action.
Source : The Star
Malaysia improves significantly in global bribe survey
Though Malaysian companies performed below the global average in the Bribe Payers Index (BPI) released by Transparency International Malaysia (TI), it has improved significantly from the last time it was rated in 2006.
Malaysia scored 7.6 out of 10, below the 7.8 average global score measuring the likelihood of companies giving bribes in overseas deals.
Malaysia scored 5.6 out of 10 the last time.
The survey, conducted from May 5 to July 8, measured countries whose companies were more likely to give bribes closer to zero points while those that were less inclined to giving bribes scored closer to 10.
TI president Datuk Paul Low said Malaysia’s score had improved significantly from the last time it was rated but stressed that the current score indicated that more needed to be done.
“Malaysia seems to hover just over or below the average every time. It just shows that there is still room to improve,” he said when launching the BPI yesterday.
Low said the sectors worst affected by corruption were construction, forestry and defence procurements while the worst sectors globally were oil and gas, manufacturing and public works, contracts and construction.
He acknowledged that local companies had made a move to fight graft but pointed out that this needed Government support in formulating strict laws.
The BPI findings are expected to be tabled at a roundtable integrity meeting scheduled for next month between the nation’s various business players and enforcement authorities.
Source : The Star
Malaysia scored 7.6 out of 10, below the 7.8 average global score measuring the likelihood of companies giving bribes in overseas deals.
Malaysia scored 5.6 out of 10 the last time.
The survey, conducted from May 5 to July 8, measured countries whose companies were more likely to give bribes closer to zero points while those that were less inclined to giving bribes scored closer to 10.
TI president Datuk Paul Low said Malaysia’s score had improved significantly from the last time it was rated but stressed that the current score indicated that more needed to be done.
“Malaysia seems to hover just over or below the average every time. It just shows that there is still room to improve,” he said when launching the BPI yesterday.
Low said the sectors worst affected by corruption were construction, forestry and defence procurements while the worst sectors globally were oil and gas, manufacturing and public works, contracts and construction.
He acknowledged that local companies had made a move to fight graft but pointed out that this needed Government support in formulating strict laws.
The BPI findings are expected to be tabled at a roundtable integrity meeting scheduled for next month between the nation’s various business players and enforcement authorities.
Source : The Star
Wednesday, November 2, 2011
Politician, single mum freed over RM50,000 bribe for "Datuk" award
The Sessions Court acquitted and discharged a single mother and a politician over a RM50,000 bribe for a "Datuk" award.
Judge Rosbiahanin Ariffin freed Nor Azimah Jamaludin, 31, and Rantau Panjang PKR chief Mohammad Agos Mohd Noor, 52, without calling for their defence.
Nor Azimah had been charged under the Malaysian Anti-Corruption Commission (MACC) Act with accepting the bribe in the form of a cheque dated Dec 7, 2010, from one Izuldin Hani Mohd Noor at a restaurant in Taman Melati here on Dec 8 last year.
On an alternative charge, Nor Azimah had been charged with deceiving Izuldin Hani into believing that she could obtain the award, from the Persatuan Kerabat Diraja Duli Yang Maha Mulia Long Yunus Negeri Kelantan, when it was contrary to the Kelantan constitution.
Mohammad Agos had been charged with abetting Nor Azimah in the alleged crime. On an alternative charge, he had been charged with abetting Nor Azimah by deceiving Izuldin Hani into believing that Nor Azimah could obtain the award when it was actually contrary to the Kelantan constitution.
Twenty-two witnesses testified at the trial. BERNAMA
Source : The Star
Judge Rosbiahanin Ariffin freed Nor Azimah Jamaludin, 31, and Rantau Panjang PKR chief Mohammad Agos Mohd Noor, 52, without calling for their defence.
Nor Azimah had been charged under the Malaysian Anti-Corruption Commission (MACC) Act with accepting the bribe in the form of a cheque dated Dec 7, 2010, from one Izuldin Hani Mohd Noor at a restaurant in Taman Melati here on Dec 8 last year.
On an alternative charge, Nor Azimah had been charged with deceiving Izuldin Hani into believing that she could obtain the award, from the Persatuan Kerabat Diraja Duli Yang Maha Mulia Long Yunus Negeri Kelantan, when it was contrary to the Kelantan constitution.
Mohammad Agos had been charged with abetting Nor Azimah in the alleged crime. On an alternative charge, he had been charged with abetting Nor Azimah by deceiving Izuldin Hani into believing that Nor Azimah could obtain the award when it was actually contrary to the Kelantan constitution.
Twenty-two witnesses testified at the trial. BERNAMA
Source : The Star
Sunday, October 9, 2011
Stopping the rot of graft
More people are coming forward to make reports on cases of bribery, not only on bribe takers but also the givers.
OUR garbage has not been collected for five days, the roads not swept for weeks and it is all because of corruption.”
Corruption has become such a big concern among Malaysians that it is even associated with something like uncollected rubbish.
Most Malaysians think the problem is so endemic in our society that it is impossible to eradicate and they are sceptical of the efforts being made to get rid of it.
“I think Malaysia must be the only country where everything that goes wrong is blamed on corruption,” says D. Ravindran, director of corruption NKRA at Pemandu (Performance Management and Delivery Unit), who cites the remark about uncollected rubbish and unswept streets to illustrate the challenge his unit faces in the fight against graft.
We wanted to raise awareness among the corporate sector that it is not acceptable to participate in any way, shape or form of bribery. - D. RAVINDRAN
Acknowledging the complexity of the problem, Ravindran concedes that its very nature makes it a challenge.
“Unlike the other NKRAs, you can't put a shape, form or frame around it. Anyone can get involved in corruption.”
And unlike in some of the other NKRAs, where a single ministry is positioned as the single authority steering the initiatives, you cannot put a face to the fight against corruption.
This war requires the collaborative effort of many ministries and agencies.
“Initially that was the biggest challenge how to get our hands around it.”
Hence, the first efforts involved establishing the building blocks fundamental to the fight, including setting up a cross-functional NKRA team to manage the initiatives.
Agent of change: MACC mascot Agen Lang celebrating the launch of an anti-corruption campaign with Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz (third from right) and MACC chief commissioner Datuk Seri Abu Kassim Mohamed (right). — Bernama
The driving force came at an opportune moment, Ravindran reveals.
“It soon became very evident that we were actually getting the political will from the top to make things happen.
“That not only gave us sufficient encouragement to keep going, but also provided the impetus for the building blocks to start falling into place. That has made it simpler for us to tackle the other aspects.”
The mechanisms established include the Whistleblower Protection Act, the Finance Ministry's integrity pact for government procurement and the establishment of special corruption courts.
Transparency International (TI) chairman Datuk Paul Low views the setting up of the corruption courts as the best achievement of the NKRA in its fight against corruption.
As he points out, TI's recent Global Corruption Barometer showed that 48% of Malaysians believe the government's effort to fight corruption was effective, compared with 28% in 2009.
Optimistic that people's confidence will grow further, Ravindran feels the response shows that the battle is “getting somewhere”.
“It tells us that we are heading in the right direction and that there are things we are doing that are making people stand up and listen.”
Honourable: Top Glove chairman Lim was among the first to support the Corporate Integrity Pledge.
Boosting business health
Another battle being won in the war against corruption is in the corporate front, with the launch of the Corporate Integrity Pledge (CIP) early this year.
The aim is to get the corporate sector to say “No” to bribery, says Ravindran.
“We wanted to raise awareness among the corporate sector that it is not acceptable to participate in any way, shape or form of bribery,” he explains.
By adhering to the pledge, a company is making a unilateral declaration that it will not commit corrupt acts, will work towards creating a business environment that is free from corruption and will uphold the Anti-Corruption Principles for Corporations in Malaysia in the conduct of its business and in its interactions with its business partners and the Government.
In order to promote the companies that have signed the CIP, a CISM Portal has been established.
To date, more than 34 corporate players have signed on to the CIP.
“Initially we went after the large corporations, and we had many who came forward to sign up like AirAsia, Country Heights, Sime Darby, Tenaga Nasional and Top Glove. Soon, a new code will be unveiled specifically for the small and medium players,” he adds.
Low agrees that for the corruption-combat efforts to be effective, actions must be taken in both the private and public sectors.
“The public sector has taken the key initiative, which includes the use of integrity pact as a compliance tool and also tenders to be open. However, the tender process for public contracting must be further improved to ensure objectivity in the award of the tender.”
This includes the issue of the unproductive use of middleman and fixers/facilitators. “They need to be reduced or eliminated if such practice does not provide added value to the projects,” he said.
Agreeing that while the CIP is a great first step towards getting businesses to commit towards eradicating corruption, Tan Sri Lim Wee Chai, chairman of Top Glove, one of the first corporations to make an anti-graft pledge, believes that what is more important now is the commitment from all parties to walk the talk.
“The Government, the corporate sector and every single individual must be honest and transparent in their dealings.
“While businesses commit to stop giving bribes, the Government should ensure all tenders and applications are awarded and approved based on principles of merit and transparency. Any acts of corruption must be dealt with by law immediately, without fear or favour,” he stresses.
Top Glove is one private company that has always taken the issue of corruption very seriously. Even prior to signing the CIP, they have put in place policies and practices to curb bribery in 2009, Top Glove set up a Prevention and Anti-Corruption Committee known as TGPAC.
The TGPAC is aimed at fostering an anti-corruption mindset and instil honest and transparent practices among all Top Glove employees, as well as provide an avenue for its employees to lodge complaints of any corrupt practices in the company. Its employees are required to sign a pledge every year to vouch that they will not condone or be involved in any corrupt practices.
“So, when the government launched the CIP, we did not hesitate to be one of the first to support this noble cause. By signing the Pledge, it further reinforces our seriousness in fighting corruption,” Lim said, adding that they have found it easier to uphold their business ethics of honesty, integrity and transparency since launching the TGPAC and signing on to CIP.
“The enforcement of the anti-corruption practice indirectly helps improve the cost efficiency of our business. We also notice it's easier to attract and retain highly-ethical employees and at the same time, improve public trust of the company.”
The CIP is hoped to improve the perception on Malaysia's business environment, which is crucial to boost our global competitiveness, Ravindran points out.
No less important, he highlights, is to inspire confidence in Malaysians to invest in the country. He cites as example, a recent “experience” he had with Biocon, a pharmaceutical company from India which has partnered Pfizer to develop a diabetes drug. When things became delayed in India, the company surveyed other locations including Malaysia, he tells.
The director of the company conducted an independent study of Malaysia and rated Malaysia as being 60% cheaper than the other countries she went to.
“My question to her was, how many times have you been approached for a bribe? She answered that this is the first place where she was not approached for a bribe. She is confident that Malaysia is a good place to do business.
“When a foreigner can say that, why can't Malaysians believe that too? And she is investing a lot of money here.”
Next step
With the artillery in place, education is the next agenda in the combat against corruption.
“Now we want to work with younger people children and students to educate them about bribery. Early this year, we came up with an icon, called Agent Lang, taken from its namesake helang (eagle).”
He tells they wanted an identity across all agencies as a unified symbol to fight corruption.
“The species of eagle we picked is found only in Malaysia it is black and white to show that there is no grey (in the fight against corruption). It mates for life, which shows that it is very loyal and it eats snakes for dinner goes after the wrong doers.”
Agent Lang was a hit when they introduced it to students of two varsities, shares Ravindran.
As he puts it, the efforts to fight corruption have to be multi-pronged.
“While we continue the other initiatives to eradicate corruption, we are also raising public awareness on how to fight corruption, especially among the younger people.”
Other than education on the different avenues to get justice against corruption, he says, they are also educating the public on how to use these avenues.
He highlights, this is because while the hotline has helped in getting tips on corruption, one major problem is that the public who do use the hotline usually do not provide sufficient information.
“With insufficient information, it is difficult for the authorities to follow up,” he cautions, citing the Whistleblower Act as an example.
There are rules to its use, he stresses, “For example, people can ask for protection but they cannot go to the media to blow the whistle. Members of the public need to know how they can go about it and more importantly, what sort of information is needed it needs to be complete and credible.
“There are also certain ways of reporting, such as going to an enforcement agency to make a report, and not any other third parties. This is something MACC is addressing in its public outreach and Pemandu are working closely with them,” he adds.
Evidence, he concedes, is difficult to get and it is a major crutch in the dispensation of justice.
“Many people complain that cops ask for bribes but when they make a report, it is difficult to prove that he took the bribe. It is always their word against the cop's.”
The authorities can take action more effectively if they immediately report the incident, something that is possible through the hotline.
“If within an hour, more than 10 people complain about the police in that vicinity, an immediate inspection can be launched, and if he is found with more than RM30 on him, he can be taken into custody. Even if he did not take any bribes, he has contravened the regulations.”
More importantly, the public need to realise that anonymous letters or surat layang are simply no longer acceptable, he says.
The good news is that more people are coming forward to make reports on cases of bribery, not only about bribe givers but also the takers.
“Now, we need to focus on how to dispense justice quicker and more effectively,” he says, adding that with the establishment of the specialised courts, steps are being taken to train all the related personnel on dealing with corruption-related cases, specifically the judges.
While the road towards a corruption-free Malaysia is still long, Ravindran is confident that they are moving in the right direction in the fight against graft.
“I feel we have awoken the senses of the nation that it is not right to take or give a bribe. And if they see it happening, they know what to do now.
“We are in no way saying that we have won the battle or that we have totally beaten corruption, but to me, fundamentally it reflects that something right is happening.”
Source : The Star
OUR garbage has not been collected for five days, the roads not swept for weeks and it is all because of corruption.”
Corruption has become such a big concern among Malaysians that it is even associated with something like uncollected rubbish.
Most Malaysians think the problem is so endemic in our society that it is impossible to eradicate and they are sceptical of the efforts being made to get rid of it.
“I think Malaysia must be the only country where everything that goes wrong is blamed on corruption,” says D. Ravindran, director of corruption NKRA at Pemandu (Performance Management and Delivery Unit), who cites the remark about uncollected rubbish and unswept streets to illustrate the challenge his unit faces in the fight against graft.
We wanted to raise awareness among the corporate sector that it is not acceptable to participate in any way, shape or form of bribery. - D. RAVINDRANAcknowledging the complexity of the problem, Ravindran concedes that its very nature makes it a challenge.
“Unlike the other NKRAs, you can't put a shape, form or frame around it. Anyone can get involved in corruption.”
And unlike in some of the other NKRAs, where a single ministry is positioned as the single authority steering the initiatives, you cannot put a face to the fight against corruption.
This war requires the collaborative effort of many ministries and agencies.
“Initially that was the biggest challenge how to get our hands around it.”
Hence, the first efforts involved establishing the building blocks fundamental to the fight, including setting up a cross-functional NKRA team to manage the initiatives.
Agent of change: MACC mascot Agen Lang celebrating the launch of an anti-corruption campaign with Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz (third from right) and MACC chief commissioner Datuk Seri Abu Kassim Mohamed (right). — BernamaThe driving force came at an opportune moment, Ravindran reveals.
“It soon became very evident that we were actually getting the political will from the top to make things happen.
“That not only gave us sufficient encouragement to keep going, but also provided the impetus for the building blocks to start falling into place. That has made it simpler for us to tackle the other aspects.”
The mechanisms established include the Whistleblower Protection Act, the Finance Ministry's integrity pact for government procurement and the establishment of special corruption courts.
Transparency International (TI) chairman Datuk Paul Low views the setting up of the corruption courts as the best achievement of the NKRA in its fight against corruption.
As he points out, TI's recent Global Corruption Barometer showed that 48% of Malaysians believe the government's effort to fight corruption was effective, compared with 28% in 2009.
Optimistic that people's confidence will grow further, Ravindran feels the response shows that the battle is “getting somewhere”.
“It tells us that we are heading in the right direction and that there are things we are doing that are making people stand up and listen.”
Honourable: Top Glove chairman Lim was among the first to support the Corporate Integrity Pledge.Boosting business health
Another battle being won in the war against corruption is in the corporate front, with the launch of the Corporate Integrity Pledge (CIP) early this year.
The aim is to get the corporate sector to say “No” to bribery, says Ravindran.
“We wanted to raise awareness among the corporate sector that it is not acceptable to participate in any way, shape or form of bribery,” he explains.
By adhering to the pledge, a company is making a unilateral declaration that it will not commit corrupt acts, will work towards creating a business environment that is free from corruption and will uphold the Anti-Corruption Principles for Corporations in Malaysia in the conduct of its business and in its interactions with its business partners and the Government.
In order to promote the companies that have signed the CIP, a CISM Portal has been established.
To date, more than 34 corporate players have signed on to the CIP.
“Initially we went after the large corporations, and we had many who came forward to sign up like AirAsia, Country Heights, Sime Darby, Tenaga Nasional and Top Glove. Soon, a new code will be unveiled specifically for the small and medium players,” he adds.
Low agrees that for the corruption-combat efforts to be effective, actions must be taken in both the private and public sectors.
“The public sector has taken the key initiative, which includes the use of integrity pact as a compliance tool and also tenders to be open. However, the tender process for public contracting must be further improved to ensure objectivity in the award of the tender.”
This includes the issue of the unproductive use of middleman and fixers/facilitators. “They need to be reduced or eliminated if such practice does not provide added value to the projects,” he said.
Agreeing that while the CIP is a great first step towards getting businesses to commit towards eradicating corruption, Tan Sri Lim Wee Chai, chairman of Top Glove, one of the first corporations to make an anti-graft pledge, believes that what is more important now is the commitment from all parties to walk the talk.
“The Government, the corporate sector and every single individual must be honest and transparent in their dealings.
“While businesses commit to stop giving bribes, the Government should ensure all tenders and applications are awarded and approved based on principles of merit and transparency. Any acts of corruption must be dealt with by law immediately, without fear or favour,” he stresses.
Top Glove is one private company that has always taken the issue of corruption very seriously. Even prior to signing the CIP, they have put in place policies and practices to curb bribery in 2009, Top Glove set up a Prevention and Anti-Corruption Committee known as TGPAC.
The TGPAC is aimed at fostering an anti-corruption mindset and instil honest and transparent practices among all Top Glove employees, as well as provide an avenue for its employees to lodge complaints of any corrupt practices in the company. Its employees are required to sign a pledge every year to vouch that they will not condone or be involved in any corrupt practices.
“So, when the government launched the CIP, we did not hesitate to be one of the first to support this noble cause. By signing the Pledge, it further reinforces our seriousness in fighting corruption,” Lim said, adding that they have found it easier to uphold their business ethics of honesty, integrity and transparency since launching the TGPAC and signing on to CIP.
“The enforcement of the anti-corruption practice indirectly helps improve the cost efficiency of our business. We also notice it's easier to attract and retain highly-ethical employees and at the same time, improve public trust of the company.”
The CIP is hoped to improve the perception on Malaysia's business environment, which is crucial to boost our global competitiveness, Ravindran points out.
No less important, he highlights, is to inspire confidence in Malaysians to invest in the country. He cites as example, a recent “experience” he had with Biocon, a pharmaceutical company from India which has partnered Pfizer to develop a diabetes drug. When things became delayed in India, the company surveyed other locations including Malaysia, he tells.
The director of the company conducted an independent study of Malaysia and rated Malaysia as being 60% cheaper than the other countries she went to.
“My question to her was, how many times have you been approached for a bribe? She answered that this is the first place where she was not approached for a bribe. She is confident that Malaysia is a good place to do business.
“When a foreigner can say that, why can't Malaysians believe that too? And she is investing a lot of money here.”
Next step
With the artillery in place, education is the next agenda in the combat against corruption.
“Now we want to work with younger people children and students to educate them about bribery. Early this year, we came up with an icon, called Agent Lang, taken from its namesake helang (eagle).”
He tells they wanted an identity across all agencies as a unified symbol to fight corruption.
“The species of eagle we picked is found only in Malaysia it is black and white to show that there is no grey (in the fight against corruption). It mates for life, which shows that it is very loyal and it eats snakes for dinner goes after the wrong doers.”
Agent Lang was a hit when they introduced it to students of two varsities, shares Ravindran.
As he puts it, the efforts to fight corruption have to be multi-pronged.
“While we continue the other initiatives to eradicate corruption, we are also raising public awareness on how to fight corruption, especially among the younger people.”
Other than education on the different avenues to get justice against corruption, he says, they are also educating the public on how to use these avenues.
He highlights, this is because while the hotline has helped in getting tips on corruption, one major problem is that the public who do use the hotline usually do not provide sufficient information.
“With insufficient information, it is difficult for the authorities to follow up,” he cautions, citing the Whistleblower Act as an example.
There are rules to its use, he stresses, “For example, people can ask for protection but they cannot go to the media to blow the whistle. Members of the public need to know how they can go about it and more importantly, what sort of information is needed it needs to be complete and credible.
“There are also certain ways of reporting, such as going to an enforcement agency to make a report, and not any other third parties. This is something MACC is addressing in its public outreach and Pemandu are working closely with them,” he adds.
Evidence, he concedes, is difficult to get and it is a major crutch in the dispensation of justice.
“Many people complain that cops ask for bribes but when they make a report, it is difficult to prove that he took the bribe. It is always their word against the cop's.”
The authorities can take action more effectively if they immediately report the incident, something that is possible through the hotline.
“If within an hour, more than 10 people complain about the police in that vicinity, an immediate inspection can be launched, and if he is found with more than RM30 on him, he can be taken into custody. Even if he did not take any bribes, he has contravened the regulations.”
More importantly, the public need to realise that anonymous letters or surat layang are simply no longer acceptable, he says.
The good news is that more people are coming forward to make reports on cases of bribery, not only about bribe givers but also the takers.
“Now, we need to focus on how to dispense justice quicker and more effectively,” he says, adding that with the establishment of the specialised courts, steps are being taken to train all the related personnel on dealing with corruption-related cases, specifically the judges.
While the road towards a corruption-free Malaysia is still long, Ravindran is confident that they are moving in the right direction in the fight against graft.
“I feel we have awoken the senses of the nation that it is not right to take or give a bribe. And if they see it happening, they know what to do now.
“We are in no way saying that we have won the battle or that we have totally beaten corruption, but to me, fundamentally it reflects that something right is happening.”
Source : The Star
Thursday, October 6, 2011
Policemen claim trial to bribery charge
Two policemen claimed trial at a Sessions Court for allegedly agreeing to receive a RM4,000 bribe from a trader as an inducement to release two Thai women in police custody.
Insp Mohd Azrul Azza Mat Jubin, 26, and Konst Mohd Fitri Hayat Ahmad, 23, pleaded not guilty before judge Mohd Bakri Abdul Majid here yesterday.
The offence was allegedly committed at the criminal investigation department’s office at the Seri Kembangan police station on Dec 24 last year.
The two Thai women were arrested on Dec 18.
The two cops were charged under the Malaysian Anti-Corruption Commission (MACC) Act which provides for a jail term of not more than 20 years and a fine of up to five times the amount of the bribe.
The court fixed bail at RM5,000 in one surety each and set Oct 17 for mention.
Mohd Azrul Azza was represented by lawyer Azizzul Shariman Mat Yusoff, while Mohd Fitri Hayat was represented by lawyer G. Subramaniam Nair.
MACC prosecuting officer Mahamad Sukri Seman appeared for the prosecution.
Source : The Star
Insp Mohd Azrul Azza Mat Jubin, 26, and Konst Mohd Fitri Hayat Ahmad, 23, pleaded not guilty before judge Mohd Bakri Abdul Majid here yesterday.
The offence was allegedly committed at the criminal investigation department’s office at the Seri Kembangan police station on Dec 24 last year.
The two Thai women were arrested on Dec 18.
The two cops were charged under the Malaysian Anti-Corruption Commission (MACC) Act which provides for a jail term of not more than 20 years and a fine of up to five times the amount of the bribe.
The court fixed bail at RM5,000 in one surety each and set Oct 17 for mention.
Mohd Azrul Azza was represented by lawyer Azizzul Shariman Mat Yusoff, while Mohd Fitri Hayat was represented by lawyer G. Subramaniam Nair.
MACC prosecuting officer Mahamad Sukri Seman appeared for the prosecution.
Source : The Star
Subscribe to:
Posts (Atom)