Wednesday, June 29, 2011

PKFZ scandal: First phase cost RM400mil, court told

The first phase of the Port Klang Free Zone (PKFZ) development project cost RM400mil, the Sessions Court heard Wednesday.

Port Klang Authority (PKA) legal adviser Fazilah Surkisah Mohammad, 46, said the first phase involved a high-tech office, transhipment facilities, light and medium industries, warehouse and other components, which was a part of the six development agreements signed by the PKA.

Fazilah added that the project was developed on land that the PKA had bought from Kuala Dimensi Sdn Bhd (KDSB).

She was the second prosecution witness to testify on the second day of the trial of former Kuala Dimensi project director Law Jenn Dong, 52, chief operating officer Stephen Abok, 52, and architect Bernard Tan Seng Swee, 49, of BTA Architect, who are accused involvement in the PKFZ financial scandal.

Kuala Dimensi was the turnkey developer for the PKFZ project while BTA Architect was the project consultant.

Law, Tan and Abok face multiple charges of cheating the PKA over electrical infrastructure work done for PKFZ.

The case came to light after the cost of developing the 400ha integrated cargo distribution hub ballooned from RM2bil to RM4.6bil.

During the examination-in-chief by deputy public prosecutor Dzulkifli Ahmad, Fazilah said the idea behind PKFZ was to emulate the success of Jebel Ali Free Zone in Dubai, United Arab Emirates.

"The project was mooted by the then Transport Minister who went on a trip to Dubai in 1997.

"He had wanted the same concept for Port Klang, to turn it into a centre for cargo and to increase the volume and total of trade through Port Klang," she said.

Earlier, Companies Commission of Malaysia assistant registrar Salmah Hanum Ibrahim, 31, told the court that for information filed to the commission, it was common for a company to use its secretary's address as the company's business address.

When cross-examined by Laws defence counsel Tan Hock Chuan, Salmah confirmed that one Loh Yin Fun was the same secretary for four companies - Wijaya Baru Sdn Bhd, Valid Ventures Bhd, Free Zone Capital Bhd and PKFZ Sdn Bhd.

On Tuesday, Salmah testified that Kuala Dimensi and Wijaya Baru shared the same registered address in Kelana Jaya and same business address in Jalan Templer, Petaling Jaya.

She also agreed that Valid Ventures and Free Zone were fully owned by OSK Trustees Bhd.

On Nov 8, 2009, Law, Abok and Tan pleaded not guilty to 24 alternative charges of cheating OSK Trustees involving payment of RM116.85mil to Kuala Dimensi for two projects at PKFZ.

Abok and Tan pleaded not guilty to two other alternate charges of cheating OSK Trustees by dishonestly inducing OSK Trustees into believing that the 33KV system to Precinct 2 and Precinct 8 for the PKFZ project had been implemented.

The action resulted in OSK Trustees making payment of RM5.42mil to Kuala Dimensi.

Prior to this, Abok and Tan pleaded not guilty to two counts of cheating PKA by making false claims amounting to RM5.42mil on July 31 and Sept 21, 2007.

Tan and Law are charged with 24 counts of cheating PKA to obtain RM116.85mil for Kuala Dimensi involving two projects between June 30, 2006 and May 30, 2008.

Source : The Star

Previous News : KDSB fails to get civil suits resolved through arbitration

Properties worth RM32mil seized in PKFZ scandal case

The Government has filed an application to forfeit assets belonging to nine companies and individuals, including Bintulu MP Datuk Seri Tiong King Sing, in a case related to the Port Klang Free Zone (PKFZ) scandal.

The assets, amounting to more than RM32mil in cash, six cheques worth RM5.49mil, and four pieces of land in Shah Alam, Klang and Kota Kinabalu, were seized by the authorities between Nov 25, 2009, and May 14, 2010.

In their application filed on Nov 23 last year, the Government sought for the movable and immovable assets to be forfeited under provisions of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001, as these assets were proceeds from other offences.

High Court judge Justice Ghazali Cha has fixed Sept 27 to hear the application to allow for the exchange of further affidavits by parties in the case.

Besides Tiong, the other respondents named were Kuala Dimensi Sdn Bhd, Transshipment Megahub Bhd, Coastal Skyline Sdn Bhd, Wijaya Baru Aviation Sdn Bhd, Wijaya Baru Sdn Bhd, Wijaya Baru Construction Sdn Bhd, Law Ka Hing and Perbadanan Kema­juan Negeri Selangor.

The Federal Government was represented by deputy public prosecutor Anselm Charles Fer­nandis. Defence lawyers included Datuk K. Kumarendran, Datuk C. Vijayakumar and Sham­sul Sulai­man.

The PKFZ has been embroiled in controversy over its cost. Original­ly estimated at less than RM2bil, the figure more than doubled to RM4.6bil in 2007, with an expected final tally of RM12.5bil.

Among those who have been charged for alleged criminal breach of trust over the matter are former Port Klang Authority (PKA) general manager Datin O.C. Phang, PKFZ developer Kuala Dimensi chief operating officer Stephen Abok, Bernard Tan of BTA Architect, and Kuala Dimensi former project manager Law Jenn Dong.

All have claimed trial.

Source : The Star

KDSB fails to get civil suits resolved through arbitration

Kuala Dimensi Sdn Bhd (KDSB) failed in its final attempt to get two civil suits filed against the company by Port Klang Authority (PKA) to recover RM920mil, resolved through arbitration.

Chief Judge of Malaya Tan Sri Arifin Zakaria chairing a three-man Federal Court panel denied KDSB leave to appeal against the order of the appellate court that the two suits be tried at the Shah Alam High Court.

Justice Arifin who sat on the panel with Justices Tan Sri Md Raus Sharif and Datuk Suriyadi Halim Omar unanimously dismissed KDSB's application with costs of RM30,000.

On Sept 25 2009, PKA slapped two suits on KDSB, the turnkey contractor for Port Klang Free Zone (PKFZ), over disputed claims for work done for controversial project.

In the first suit against KDSB, PKA sought a declaration that the increase in the annual interest rate in respect of a supplementary agreement for additional development work signed in April 2006 was null and void.

PKA also sued KDSB and the project's consultant, BTA Architect, concerning key development agreements and supplementary agreements signed between February 2003 and November 2006.

In this suit, PKA had sought, among others, remedies, declaratory orders and damages against both defendants.

On June 7 last year, the Shah Alam High Court granted KDSB's application to stay the court proceedings and to refer the matter to arbitration.

On Oct 1 last year, the appellate court reversed the decision after allowing PKA's appeal and ordered that the suits to be resolved via full trial in court and not through arbitration. - Bernama

Source : The Star

Tuesday, June 28, 2011

Heavy price for cop who sought bribe

A traffic policeman who asked for a RM180 bribe paid a heavy price when he was jailed and fined by the Sessions Court.

Kpl Nordin Muhamad Nor, from Perak and attached with the Kota Setar traffic police headquarters, was found guilty of asking for the bribe from one Koo Shu Shan.

The money was an inducement for Kpl Nordin not to issue Koo a summons for riding a motorcycle without a licence and with an expired road tax.

Kpl Nordin was found guilty of committing the offence at a roadblock on Jalan Teluk Wanjah, here, at about 2.45pm on Nov 1, 2008.

Kpl Nordin was jailed for 14 days and fined RM10,000 in default a month’s jail.

Source : The Star

Friday, June 24, 2011

Trio linked to ‘lesen terbang’ syndicate held

Three men linked to a “lesen terbang” syndicate have been arrested by the Malaysian Anti-Corruption Commission (MACC).

The men, aged between 26 and 42 years, are linked to the syndicate, which takes bribes for falsifying computerised drivers exam results.

In a statement yesterday, the MACC said students who paid bribes to the syndicate were able to pass the test despite not even attending it.

The syndicate is said to be active in driving schools throughout the Klang Valley.

All three, who have been remanded for five days until June 27, will be investigated under Section 16(b)(A) of the MACC Act.

The Act carries a jail term of up to 20 years and a fine not less than five times the value of the bribe or RM10,000, whichever is higher.

Meanwhile, Road Transport Department (JPJ) director-general Datuk Solah Mat Hassan said it was looking into the matter seriously.

He said his department conducted random checks nationwide from time to time, including joint operations with the police and the MACC.

“We are in the midst of updating the particulars of the candidates allegedly implicated in the lesen terbang scam,” he said in a statement here yesterday.

Source : The Star