MACC arrests gov't officers with Datuk Seri, Datuk titles for graft

The Malaysian Anti-Corruption Commission (MACC) has arrested three government officials, two with the honorific title Datuk Seri and another with Datuk, for corruption.

In a media statement, the commission said it has also frozen their bank accounts totalling RM13 million.

The trio, who are in their 50s, were apprehended in simultaneous operations in Kuala Lumpur, Malacca and Kelantan between noon and 2pm this afternoon.

According to MACC, one of the suspects serves with a government department whereas the other two were attached to a local council and government-linked firm respectively.

The commission also seized a luxury condominium, including a penthouse, a bungalow as well as a Maserati, BMW and Audi cars.

The houses and cars, MACC said, were believed to have been procured through graft and money laundering.

"In the raid, MACC also found cash amounting to about RM400,000, including foreign currencies, as well as semi-luxury watches," it added.

The three are being investigated under Section 17 (a) and 23 of the MACC Act 2009 as well as 4(1)(b) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Under the MACC Act, upon conviction, a person can face up to 20 years in prison and RM10,000 fine or five times the amount of bribe, whichever is higher.

As for the Anti-Money Laundering Act, those convicted can be imprisoned not more than 15 years and fined not lest than fives times the amount of the proceeds from illegal activities or RM5 million, whichever is higher.

"Investigations are still being carried out and the three are expected to be remanded at the Magistrate’s Court tomorrow," said the commission.

Huge sums of money found stashed in ceiling of PWD director's house

In one of the raids conducted by the Malaysian Anti-Corruption Commission (MACC) leading to the arrest of two Datuk Seri and a Datuk today, they found stash of money hidden all over the house including in the ceiling.

The bulk of the money, said to be some of the RM400,000 recovered, was packed carefully in RM50 and RM100 notes and hidden in the ceiling, as officers from the graft commission inspected the house.

Sources from the MACC told Malaysiakini the money was retrieved from a state Public Works Department director with the title of a 'Datuk'.

As for the luxury cars, the sources said that they were parked at the homes of the suspect's relatives. It was reported that the MACC seized a Maserati, BMW and Audi cars in the raid.

It is learnt that the 'Datuk Seri' is attached to a local council, while the other is with the state Tenaga Nasional Bhd.

They are among the three who were picked up by the MACC, and investigated under Section 17 (a) and 23 of the MACC Act 2009 as well as 4(1)(b) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

Sources revealed that one of the Datuk Seri will be remanded in Putrajaya, while the remaining two will be remanded in Malacca and Kelantan respectively tomorrow.

MACC director of investigations Azam Baki had in a statement announced the arrest of the three senior government officials.

This comes in the wake of a warning by the new MACC chief commissioner Dzulkifli Ahmad to clean up the civil service of corrupt practices.

The trio, who are in their 50s, were apprehended in simultaneous operations in Kuala Lumpur, Malacca and Kelantan between noon and 2pm this afternoon.

The commission also seized a luxury condominium, including a penthouse and a bungalow.

The houses and cars, MACC said, were believed to have been procured through graft and money laundering.

If convicted under the MACC Act, a person can face up to 20 years in jail and a minimum RM10,000 fine or five times the amount of bribe, whichever is higher.

Those convicted under AMLA can face a jail term of not more than 15 years and fined not less than five times the amount of proceeds from the illegal activities.

Don't play fiddle as Zahid burns Rome, PM told

An opposition leader has called on Prime Minister Najib Abdul Razak to step in and clear the mess created by his home minister over alleged kingpin Paul Phua.

"Malaysia's reputation has been sullied enough by Ahmad Zahid Hamidi's letter to the Federal Bureau of Investigations (FBI)," said DAP parliamentary leader Lim Kit Siang in a statement today.

If the prime minister fails to act, the veteran politician said Najib would be no different from "Nero playing the fiddle while Rome burns".

Lim was far from convinced by Zahid's explanation yesterday on the reason for penning the letter regarding Phua, the Malaysian facing illegal gambling charges in Las Vegas, USA.

"Zahid is being brazen and blatant in demanding that everybody act as gullible fools to accept his version that his infamous letter to the FBI was merely intended to clarify that Phua was not a member of the 14K triad 'in Malaysia' and nothing more," he said.

The Gelang Patah MP also cast aspersions on the minister's claim that the cabinet at its meeting on Wednesday was "satisfied with his explanation on the matter".

"I do not believe that our cabinet ministers suffer from comprehension problems or they will not have risen to their present pinnacle of political power in government.

"For reasons best known to themselves, they prefer to appear to be gullible fools, but this is no compliment on their political purpose and integrity that they could be cowed into obediently accepting Zahid's outrageous explanation, knowing in their heart of hearts that Zahid was not speaking the truth," he said.

OSA even to gov't?

Lim doubted that there would be a single minister who would be prepared to state openly and publicly that he or she truly believes the home minister's version.

He said Zahid should not expect Malaysians to react in the same manner as his cabinet colleagues.

"Zahid must not take Malaysia as a nation of fools even if he can achieve a cabinet of fools with ministers obediently accepting his outrageous take," he added.

Lim also questioned if Zahid had informed the cabinet regarding the nature of the "national security projects" that the minister had told the FBI Phua was assisting the government in. 

"If not, how could the ministers accept Zahid's explanation?

"If yes, every minister is now not only collectively but personally responsible for Zahid's infamous letter.

"This must also be the first time in the nation's history where the home minister is using the Official Secrets Act (OSA) to keep secret, not only from the public, but the police and inspector-general of police, the nature of the 'national security projects'," he added.

‘Past home ministers must clarify’

Lim also noted that Zahid had made a startling revelation to justify his actions, claiming that previous home ministers before him had also written such clarification letters.

He therefore urged those who have held the post before to speak up and set the record straight.

"Is this true, that previous home ministers also unilaterally wrote to the FBI, without the knowledge of the police or the IGP at the time, contradicting police reports to the FBI, as well as without the knowledge or clearance from the Foreign Ministry?

"If this was the case, then the ministers of the past had been even more indisciplined, wild and arbitrary than the Malaysian public had ever dared to imagine," he added.

Lim said what was most significant about Zahid's press conference yesterday was that the minister ended it abruptly before the media could ask any questions for clarification.

"It is a powerful testimony that Zahid himself knew that he was defending the indefensible, and he did not want to expose himself to the multitude of questions of the waiting reporters," he said.

MACC confirms receiving info on 1MDB

MACC will call Umno Batu Kawan Deputy Chief Khairuddin Abu Hassan to obtain additional information before deciding whether to act on 1MDB.

FMT

KUALA LUMPUR: The Malaysian Anti Corruption Commission (MACC), in a reference to media reports, confirmed in a statement that it had received information on 1Malaysia Development Berhad (1MDB) from Umno Batu Kawan Deputy Chief Khairuddin Abu Hassan.

“The information received is the same as contained in a police report lodged by him on the company,” said Mohd Shukri Abdull, MACC Deputy Chief Commissioner (Operations), in the statement.

“MACC will call Khairuddin to obtain additional information before making a decision whether there’s any basis to launch an investigation under the MACC Act 2009.”

MACC pledged to act transparently and professionally on 1MDB under the MACC Act 2009.

Khairuddin lodged the police report on December 12 last year. He has since said in a statement that he’s thinking of leaving Umno.

1MDB, the sovereign wealth fund, has been dogged by controversy over several of its investments abroad which have reportedly gone sour. It has also missed debt repayment schedules several times.

New 1MDB Chief Arul Kanda, in a statement inviting critics to a dialogue, said most of the statements on the company in the media were purely speculative with little regard for the facts and the actual situation.

Navaratnam threatened for criticising MACC

Police are probing threats made in 'harsh and vulgar' text messages.

FMT

KUALA LUMPUR: Police are investigating threats made against prominent public figure Ramon Navaratnam over his criticism of MACC proposals aimed at curbing illegal land clearing in Cameron Highlands.

Navaratnam lodged a police report after receiving four text messages that he described as “harsh and vulgar”. He said they threatened to harm him and his family.

“They have vilified me for stating in the Malay Mail last week that the points provided by MACC to prevent slope slides in Cameron Highlands won’t win public confidence because they are merely administrative proposals,” he told FMT.

Last July, at a Pahang meeting of the National Security Council, MACC submitted 12 recommendations to overcome illegal and excessive land clearing in Cameron Highlands. The recommendations called for a joint effort by all authorities to prevent any space for corruption and abuse of power and overcome administrative weaknesses in the enforcement and management of land in the area.

Navaratnam said the recommendations were not sufficient to solve “major lapses of, inter alia, poor laws, soft enforcement and a weak political will to seriously address the huge problems of bad slope management in Cameron Highlands and all over our beautiful hilly country”.

Navaratnam is adviser to SlopeWatch, a community-based organisation which monitors slopes for signs of landslides and conducts simple maintenance such as clearing of overgrowth in drains.

He called for better government policies and an improvement in the attitudes of local governments, saying these were necessary “if we are to effectively tackle bad slope management and reduce deaths from landslides.”

Referring to his police report, he said he hoped the culprits would be caught soon.

“Some people cannot accept honest criticism as it might break their rice bowls,” he said. “They try to stifle constructive criticism and public discussion in order to continue their rape of our environment and pursue their corrupt practices.

“The same tactic is perpetuated by extremists against the silent majority. Moderate Malaysians must therefore stand up for justice and resist and reject the corrupt and the bigots in our country.

“The government should go all out to warn hate and fear mongers that they will be hunted down and punished for attacking honest critics who want to protect public interests and the nation’s future against unscrupulous and greedy Malaysians.

“The fundamental freedoms of the press and the public must be protected. Constructive critics should not be put off by these minority fringe bigots and zealots who can undermine our democratic way of life and our progress.”

Widow wants justice over Customs officer’s death at MACC office

The widow of Ahmad Sarbaini Mohamed told the High Court in Kuala Lumpur today that she filed legal action against the Malaysian Anti Corruption Commission (MACC) to seek justice for his death.

Masiah@Maziah Manap (pic), a supervisor with Petronas Dagangan Berhad in Shah Alam, said she and her children wanted the MACC to explain why her husband and their father was returned to them in a "stiff and lifeless" form.

Ahmad Sarbaini, 56, a Selangor Customs assistant director who was then based at Port Klang was found dead on April 6, 2011, at the badminton court on the first floor of the MACC office in Jalan Cochrane in Kuala Lumpur.

He was believed to have fallen from the pantry located on the third floor of the MACC office building.

Ahmad Sarbaini (pic, below) had gone to the MACC office voluntarily to meet with an investigating officer regarding a corruption case involving 62 Customs officers.

"MACC must accept responsibility for what had happened to the late Ahmad Sarbaini because he was in their premises when his life was taken," she said in tears during the proceeding.

Masiah, 53, was testifying on the first day of the suit which she filed with her son Shahril Ahmad Sarbani, 30, against the MACC and eight others.

Her witness statement, which was tendered in court today, said she felt disheartened that no one from the MACC had come to see her or her family to express their regret over the incident.

Responding to a question from her counsel Razlan Hadri Zulkifli on her feelings when told about her husband's fall from the MACC building, Masiah said she was shocked and distressed to be the last person to know about it.

"On the day of the incident, I received a call from MACC director Mohamed Yusuff Akope that my husband "fell" while he was at the MACC building.

"I only came to know that my husband had fallen off the building, through a neighbour and the news on television," she said.

Masiah disagreed with senior federal counsel Zureen Elina Mohd Dom's suggestion that the MACC did not have the opportunity to explain to her about the incident the very same day.

The mother of five said her husband's death had traumatised her and her children.

She claimed that as a result of the incident, she and her children had to face the perception of other family members, friends and the community that her husband had probably taken bribes and committed suicide.

The proceeding before Justice Datuk Kamaludin Md Said will continue at 2.30pm tomorrow after his visit to the scene of the incident at 11am.

Masiah and her son filed the suit on April 4, this year, naming the MACC, government, MACC chief commissioner, MACC director and five other officers, as defendants.

In the statement of claim, she cited mental and physical torture of her husband by the defendants, resulting in death by negligence.

The plaintiffs are claiming damages for misfeasance in public office, aggravated damages, exemplary damages and vindicatory damages totaling RM8 million.

On September 26, 2011, the Coroner's Court ruled that there was no criminal element or third party interference in Ahmad Sarbaini's death. – Bernama, November 10, 2014.

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Cops digging on Teoh's 'suicide note' again

 

The family of deceased DAP political aide Teoh Beng Hock are unhappy that police are digging into his alleged suicide note again, after the Court of Appeal ruled out that Teoh's death was not suicide and instructed a re-investigation.

Police from Bukit Aman today recorded statements from Teoh's wife Soh Cher Wei and sister Teoh Lee Lan on the matter at the Batu Pahat district police headquarters.

Kulai MP Teo Nie Ching (right), who accompanied the duo, said police in their line of questioning attempted to obtain more information about the alleged suicide note.

"Police asked question like, do they have any of Teoh's handwriting, did he keep a diary, did he write birthday cards and similar questions.

"The family was not happy because all these questions have been answered five years ago," Teo, who is also a lawyer, told Malaysiakini when contacted.

Teoh was called in by the Malaysian Anti Corruption Commission (MACC) on July 15, 2009 as a witness but was found dead the next morning after plunging from the 14th to the fifth floor.

MACC at the time disclaimed responsibility for Teoh's death and a suicide note emerged three months later, which only added to the mystery as Teoh was to register his marriage to Soh the day after his untimely death and already had their honeymoon and wedding reception planned.

The coroner's court in 2011 ruled that Teoh was driven to suicide by intensive questioning, but this was overturned by the Court of Appeal on Sept 5, 2014 which ruled out suicide and said MACC was liable for Teoh's death.

'Harass MACC, not us'

Teo said as the court has already ruled out suicide, police should instead pursue the MACC officers responsible for Teoh's death instead of "harassing" Teoh's family on old matters.

"The so-called suicide note is also suspicious as it was only found three months after the death nor can it be confirmed (to be authentic).

"If the police want to pursue it, they should be finding out who created it," she said.

Teo said the investigators were part of a special unit set up to re-look at Teoh's death following the Court of Appeal decision.

"We asked if they have questioned the MACC officers, but we were informed other investigators may be doing that," said Teo.

A royal commission of inquiry into Teoh's death had labelled the three MACC officers who questioned Teoh, namely Hishammuddin Hashim, Arman Alies and Mohd Ashraf Mohd Yunus "an arrogant leader, a bully and an abuser".

None of the trio has faced any action to date.

Cops begin probe on death of Beng Hock

(Malay Mail Online) – Police have started investigations into the death of DAP political aide Teoh Beng Hock while under the custody of the Malaysian Anti-Corruption Commission (MACC) in 2009.

This follows the Court of Appeal’s ruling this month which overturned the coroner’s court open verdict on Teoh’s death.

Deputy federal CID chief DCP Datuk Amar Singh said a team of officers were studying the files on the case, including the initial sudden death report, the findings of the Royal Commission of Inquiry into Teoh’s death, and the Court of Appeal ruling.

“There are three officers, including myself, studying the reports. We are halfway through them. It is taking some time as we have to be meticulous with every single detail,” he said yesterday.

All three officers were not involved in the case five years ago, and Amar believes this will enable them to look at the case “with a fresh perspective”.

He said the police would revisit the scene and question witnesses again after reviewing the files.

On September 5, a three-man bench at the Court of Appeal overturned the coroner’s open verdict on Teoh’s demise.

The bench directed Inspector-General of Police Tan Sri Khalid Abu Bakar and the Attorney General’s Chambers to reopen the investigation papers.

Teoh, 30, the former political aide of DAP Seri Kembangan assemblyman Ean Yong Hian Wah, had been questioned at the Selangor MACC headquarters in Shah Alam when his body was found on the fifth floor of Plaza Masalam, which also housed the MACC office, on July 16, 2009.

Teoh Beng Hock appeal verdict a turning point? – Koon Yew Yin

In the last few years, the reputation of Malaysia's judiciary for fairness and adherence to do justice strictly according to the law has taken a severe beating.

Notorious cases such as the Linda Joy, Anwar Ibrahim, Nizar vs Zambry, and other less politically visible cases have raised public doubts as to whether our judges, especially in cases with politically sensitive outcomes, are able to arrive at fair and just decisions.

Or whether in fact the opposite has taken place with judges more concerned with career advancement and playing ball with the powers that be.

Public concern that our courts, including at the highest level, may in fact be filled with partisan, unfair or even corrupt judges, has been rising non-stop since the Mahathir era. In my piece, “How low can our judiciary go” last April, I noted that at no time in the country's history has there been such a large and wide variety of politically charged cases being brought to the courts of law.

This includes the present batch of ridiculous sedition cases which have made the Attorney-General's Chambers a laughing stock among knowledgeable legal circles all over the world.

I have also noted that “if we take these cases individually and collectively, the overall impression that can be obtained from the many articles and analysis which have appeared in the Internet media is that the Malaysian judiciary has come under tremendous political pressure when arriving at their judgments”.

Some authoritative observers of the deterioration in judicial standards in the country have been much more critical of judges.

The highly respected former Court of Appeal judge N.H. Chan, a legal expert who was called to the English Bar in 1959 and has more than 50 years of experience in Malaysian legal practice at the private and public level, has asked with understandable exasperation how could it be that we are the only country, out of all the other common law countries, in the entire world that has so many incompetent judges? His answer is that there must be something wrong in our system for the appointment of judges.

Many people from the legal fraternity agree with him. There was a time when judges were appointed from the cream of the legal profession and the law departments in our universities produced graduates who knew their law and were of some standard.

With the decline in educational standards, it was inevitable that the standards of law graduates in the country, and with it, also the standard of judges, recruited to administer justice, would also fall.

Apart from the decline in educational standards, the factor of politically-biased appointments has played a role.

The Lingam case and the shocking disclosures arising from the Royal Commission of Inquiry, in particular, show clearly that the appointment of judges in the country has been tainted, and that there was evidence of ethical and criminal misconduct by lawyer Lingam, various judges, politicians and businessmen on the matter of judicial appointments.

Despite this finding, the Attorney-General chose not to put Lingam in the dock. This was not because no law had been broken but because of the fear that the skeletons that would emerge out of the closet during the trial would bring down the government.

We are still living with the legacy of a compromised judiciary and the dark shadows cast by prominent members of the judiciary who are more interested in the pursuit of power and self interest rather than with the pursuit of justice.

But every now and then, a verdict comes from out of the blue which shows that there are also good and honourable judges in the system who are not interested in the pursuit of power and self interest, and who are willing to stand firm in the administration of impartial and principled justice.

The most recent example of this has just arrived from the Teoh Beng Hock case, a landmark case which has riveted the attention of the nation for over five years now.

Members of the public who were expecting that this case would go unpunished by our judicial authorities were pleasantly surprised. As a result we see in the internet media the almost universal praise and accolades accorded to the three appeal court judges, Ariff Yusuf, Mah Weng Kwai and Hamid Sultan for their reasoned, meticulous and rigorous written judgments when they struck down the earlier open verdict on the case arrived at by the Shah Alam High Court in refusing to set aside the coroner's open verdict in the Beng Hock inquest.

In their unanimous decision, the judges held that Teoh's death was caused by multiple injuries from a fall from the 14th floor of Plaza Masalam as a result of, or which was accelerated by an unlawful act or acts of persons unknown, inclusive of Malaysian Anti-Corruption Commission (MACC) officers who were involved in his arrest and investigation.

Teoh's sister, Lee Lan, has lodged a police report at the Shah Alam police quarters to speed up police investigation. The police must remember that some MACC officers have caused the death and the culprits must be caught and punished adequately.

Whatever happens next in the case, it is important that we should not lose faith in the integrity of our judiciary which forms the first line of defence in the protection of our constitutional rights.

It is not only judges themselves who must exercise vigilance so that their independence is not compromised by political, legislative and other pressures. It is all Malaysians who must stand firm so that there is no political or executive interference with the judicial process. – September 10, 2014.

* Koon Yew Yin reads The Malaysian Insider.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.
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Many unaware whistleblowers are protected by law

The New Straits Times

KUALA LUMPUR: Malaysians are still unaware that they will receive protection under the Whistleblower Protection Act 2010 for disclosing any improper conduct of their companies and agencies.

Malaysian Anti-Corruption Commission (MACC) deputy chief commissioner (prevention) Datuk Mustafar Ali said their survey conducted last year involving 10,000 Malaysians revealed that half of them did not realise the existence of the law, which had been enforced since 2010.

“The act was designed to combat corruption and other wrongdoings by encouraging and facilitating disclosures of improper conduct in the public and private sector. It will protect and cover any employee of the public or private sector who disclose wrongdoing.”

Mustafar said the MACC had received 5,000 tip-offs relating to corruption and other wrongdoings annually since the implementation of the act.

“A whistleblower will not be subjected to any civil action or criminal liability and no administrative process can be taken against them.

“However, only 39 people have been protected under this act since 2010,” he said, adding that those protected under the act would not have their identity exposed.

He said the gathering of evidence would be conducted by the commission’s investigation unit to ensure their identity was not compromised.

Mustafar was speaking after officiating the “Whistleblowing – Your Right, Our Commitment” forum at the Malaysia Anti-Corruption Academy here yesterday. The forum aimed to explore the platforms available to combat corruption.

Among the panellists were MACC deputy public prosecutor, Anthony Kevin Morais, Institute for Democracy and Economic Affairs (IDEAS) chief executive officer, Wan Saiful Wan Jan, and Malaysian Bar president, Christopher Leong.

Some 150 participants from non-governmental organisations, professionals, lawyers and students, attended the half-day forum.

MACC panel wants all elected reps to declare assets

The Malaysian Anti-Corruption Commission's (MACC) Consultation and Corruption Prevention Panel has proposed that all elected representatives in Parliament and state assemblies should declare their assets to it every three years, "to ensure integrity in government administration".

"This will reinforce their commitment to the fight against corruption. By doing so, doubts about their assets during their term as elected representatives can be overcome," said committee chairperson Johan Jaafar (left) in a statement today.

At present, only members of the cabinet and Prime Minister Mohd Najib Abdul Razak's administration have declared their assets to the MACC.

BN candidates who contested in the 13th general election have also been subjected to MAC screening for graft.

Opposition candidates did not do so, but all exco members of Pakatan-held Selangor and Penang have declared their assets.

The panel believes that such a move will also protect the interests of the parties involved in the event of allegations about their positions and "wealth" during their tenure with the government.
Additional measures

As further measures to root out and prevent corruption, the panel also proposes:

- That family members of cabinet ministers, deputy ministers, menteris besar, chief ministers and state executive councillors be barred from bidding for government contracts with immediate effect; and

- That a cooling-off period be enforced before retired civil servants are allowed to take on corporate positions, to avoid undue abuse of influence and knowledge of inner government workings.

The measures are necessary, argued the panel, as corruption was one of the key issues raised during the general election campaign.

The panel believes that the Najib administration must take into account all views, criticism and allegations from various quarters and address the public perception that it is a corrupt government.

"Although a section of these views, criticism and allegations did not have a strong basis or were merely perceptions, they were used as grounds to allege that the government is not transparent, clean and does not have integrity."

The panel also lauded the appointment of Paul Low Seng Kuan, the president of Transparency International-Malaysia as Minister in the Prime Minister's Department, responsible for anti-corruption matters.

"We are always ready to cooperate with (him) to root out corruption to ensure good governance and integrity."

‘Probe claim on judges fast’

The Star
by SHAILA KOSHY

KUALA LUMPUR: Both the Malaysian Anti-Corruption Commission (MACC) and Chief Justice Tun Arifin Zakaria must quickly investigate any allegation of corruption against sitting judges, said a former Attorney-General.

“An allegation of corruption against a sitting judge, if serious, undermines the institution of the judiciary,” said Tan Sri Abu Talib Othman.

“They must act quickly – clear the sitting judge or take action against him or her. There’s no point if the Bar Council lodges a complaint about two High Court judges to the MACC and nothing happens.

“The Chief Justice must be proactive,” said Abu Talib, adding that Article 125 of the Federal Constitution empowered the CJ to take action.

He was commenting on the council’s recent complaints to the MACC of graft in the legal system and Arifin’s strongly worded speeches during the opening of the Legal Year on Jan 12 against corruption in the judiciary.

“The alleged breach may be a criminal offence or a misconduct and the CJ may ask the MACC to investigate or he may institute disciplinary proceedings himself,” added Abu Talib.

He said that besides providing for the removal of a judge via a tribunal, Article 125 also allowed for the CJ to bring the judge before a Judicial Ethics Commitee under the Judges’ Code of Ethics and impose sanctions for a lesser breach.

The CJ, added Abu Talib, must keep tabs on the MACC investigation so he would know whether the breach was a corrupt act or a misconduct.

“He must act expeditiously because he cannot allow a person who is corrupt or guilty of misconduct to sit in judgment over others.”

On Sept 9, 2009, The Star reported then Chief Justice Tun Zaki Azmi as saying he had asked two senior judges to leave because they were “grossly inefficient”.

Zaki said he had taken this action because setting up a tribunal to remove judges would be costly and time consuming and that the two judges had agreed to leave.

Police should take up Bala's SD2, says ex-CID chief

Even though the Malaysian Anti Corruption Commission (MACC) has closed its case on private investigator P Balasubramaniam's second statutory declaration (SD), the police should initiate their own probe on the matter, says former Kuala Lumpur Criminal Investigation Department chief, Mat Zain Ibrahim.

This case should not be viewed as an ordinary corruption case or a breach of ethics under the Legal Profession Act, he added.

Balasubramaniam's false SD not only involves the murder of a foreign national in the most cruel and appalling nature in the country's history but also contained valid information implicating the country's number one leader and his family as well as sales of defense intelligence," he said.

As such, Mat Zain said, the police should not leave this matter to the MACC or Bar Council to investigate.

"The police force will be viewed as irresponsible and cowardly if it does not dare to exert its power and skills to investigate this case to its very roots and bring all those responsible to justice in whatever way necessary," he said.

Balasubramaniam had claimed that he had signed the second SD, reversing his earlier one linking Prime Minister Najib Abdul Razak to murdered Mongolian national Altantuya Shaariibuu, under duress and was also offered bribe for it.

He had admitted that the second SD was false and challenged attorney-general Abdul Gani Patail to charge him.

Mat Zain said that while MACC views the case as corruption under its own jurisdiction, a false SD is a criminal offence under the Penal Code which comes under police oversight.

He noted that while there was an initial police investigation, Abdul Gani had decided to drop the case against Balasubramaniam for the two conflicting SDs, justifying the move by saying that they were never used in court.

The fact is Section 193 of the Penal Code clearly states that it is a criminal offence to make a false statement, be it for use in court proceedings or any other purpose. The only difference is in sentencing, he said

He added that if the intention was for the SDs to be presented in court, the punishment would be a jail term of up to seven years, for other purposes, the offender would still be liable to three years in jail.

Mat Zain concluded that the decision not to charge Balasubramaniam could be due to apprehension over the possibility of the link among the premier, his confidante, Abdul Razak Baginda, and Altantuya being dragged into the picture.

OMINOUS SILENCE from Dr M to Najib's plan for MACC to vet election candidates

Raised eyebrows, annoyance, snorts and sniggers. Those were among the most common responses to a plan by Umno President and Barisan Nasional chairman Najib Razak to seek the help of the Malaysian Anti Corruption Commission to vet the ruling coalition’s candidates for the forthcoming 13th General Election.

To make it worse, there has been nothing but an ominous silence to this proposal from the most powerful man in Umno today, Najib's former boss and ex-premier Mahathir Mohamad, and with good reasons too.

Mahathir's son, Mukhriz, is unlikely to make the grade given the father’s reported US$ 44 billion in assets and the flight of US$ 200 billion in dirty money last year. In fact, few if any of the top leaders in Umno would be able to make the grade, with the entire plan already ridiculed by the public and tagged as an eye-wash to curry favor in a most childish way with voters.

Trying to scare the Devil or negotiating better exit terms



What is Najib trying to do? As far as the general perception goes, Najib along with Mahathir should to be among the first to be axed given the former's humongous Scorpene corruption and Altantuya Shaariibuu murder scandals. Can the 59-year-old Najib really be so fatuous as to believe that by roping in the MACC, whose own integrity is in doubt, it will make things right with voters?

Come on, voters are already sick and tired of the Umno-BN's never-ending story of bribery and plundering of the national coffers. So what is Najib after? Is he trying to warn Mahathir and his own deputy, the also corruption-tainted Muhyiddin Yassin, to back off? Red-hot on the Umno grapevine is talk that Mahathir and Muhyiddin have struck a deal to push out Najib before GE13. Is Najib trying to signal that he won't be giving up so easily and if he has to, he will fight back?

Those who are watching the developments in Umno will know soon enough. However, given the strength of Mahathir's sinister character and Najib's weak indecisivness, few believe Najib can do much to scare Mahathir. That would be like a kitten trying to take on a wolf.

At the most, it might buy the PM and his wife Rosmah Mansor a few more months in power, allowing them to make a more advantageous and graceful exit. Instead of relinquishing the premiership before GE13 as Mahathir and Muhyiddin are said to have demanded, Najib might get to lead Umno-BN into GE13 before stepping down as Umno president at the party's internal election due to be held later in 2013.

Mahathir conducted a purge of Umno, BN candidates



Mahathir is not an easy man to cross and few have survived doing so. His most successful opponent remains his chief thorn in the flesh - Anwar Ibrahim. Not Najib. For now until GE13, Mahathir may continue to say good things about Najib but this can change anytime. Author Barry Wain did not call Mahathir a maverick for nothing. Mahathir is indeed the power behind the throne and all eyes are now on the 87-year-old as he twists and turns to keep his grip on Umno and protect his family and their enormous wealth.

Upon assuming power in 1981, Mahathir decided, unilaterally, that his Bersih, Cekap dan Amanah (Clean, Efficient and Trustworthy) administration would not field undeserving candidates. Mahathir was judge, jury, and hangman in this case. No MACC or ACA for him! The candidates knew it had nothing to do with their being 'undeserving' but that this was his way of purging BN of candidates put up by his predecessors and bringing in his own faction members.

Many Umno and BN members who held party posts were not fielded as candidates in the General Election (GE) simply because they weren’t with him or he simply didn’t like their faces. To add insult to injury, they weren’t compensated with other government posts either because his aim was to finish them off politically and bury them for good. Yet, his losing candidates in party elections were not only fielded as GE candidates but were rewarded with other government positions when they lost at the party and GE levels.

Ruthless, mean, vicious, vindictive - these are all words used to describe Mahathir, and another strongman politician in Malaysia - Taib Mahmud of Sarawak.

Najib is no better than this duo. He and Rosmah are just as controversial and unpopular. But for his own self-preservation, Najib should know why he must get Mahathir and Company out of the 13th GE.

Mahathir’s regime was anything but clean, efficient and trustworthy as evident in, among others, Barry Wain’s book, “Malaysian Maverick – Mahathir Mohamad in Turbulent Times.” According Wain's research, during Mahathir's administration US$ 100billion was lost from the Malaysian treasury.

Mahathir stabbed Hussein Onn in the back and betrayed Razak



If Malaysia's third prime minister Hussein Onn, who was also Najib’s uncle, had not selected Mahathir as his Deputy Prime Minister, Malaysia would have had a different history. Hussein erroneously thought that since Mahathir was a lone ranger in politics and did not have any grassroots support, he would not be a challenge to him. Mahathir, however, being the wily Keralan that he was, managed to outmaneuver Hussein out of office in what’s seen today as virtually a coup d’etat.

This was how Mahathir repaid Abdul Razak, Najib’s father and Hussein’s brother-in-law, who brought him back to Umno after having being sacked by Tunku Abdul Rahman for being one of the three arch villains behind the May 13 race riots. The other two arch villains were Razak himself and then Selangor Menteri Besar Harun Idris who prevailed on the former to re-admit Mahathir into Umno.

The issue that Mahathir used against Hussein was the allegation that the latter’s wife was virtually running Petronas from her house. The Dap mysteriously received, now believed to be from Mahathir, documents in the post on the allegation and on Exxon allegedly stealing Malaysian oil on the high seas unknown to Petronas. Then Dap secretary-general Lim Kit Siang ended up in Court as a result of the documents as Exxon fought back with a legal suit.

The story, as it goes further, is that Mahathir had Hussein’s office completely cleared out when the Prime Minister was subsequently in London for medical attention.

He also reportedly spread rumours, in hinting at the allegations on Petronas/Exxon, that Hussein had a “terrible heart condition” and would be stepping down as Prime Minister upon his return “for health reasons”. Mahathir’s regime was a time of great rumour-mongering and all of which subsequently turned out to be true since they originated from the man himself.

It was Dap, albeit inadvertently, who helped put Mahathir in the Prime Minister’s chair.

Now, Najib has the opportunity to settle scores on behalf of Hussein, his father and Tunku and embark on a real purge of Umno and BN members he shouldn’t field as candidates. But will he rise to the occassion or is the latest MACC ploy just to negotiate better exit terms for himself and Rosmah?

If Najib had the guts ...



But if Najib could summon up the courage to launch a fight-back, then his primary purpose of bringing in MACC would be to eliminate those who are not in his camp.

This would include Muhyiddin, who is in cahoots with Mahathir to undermine him. However, MACC or no MACC, it would be difficult for Najib to drop Muhyiddin and get away with it. He would need a more complex plot and there is no enough time to get one going. However, Najib can get poetic justice by fielding only Muhyiddin from the latter’s and Mahathir’s camp.

It would not be a good idea for Najib to pack the list of BN candidates with only his people. He should include some from the Tunku, Hussein, Abdullah Ahmad Badawi, Musa Hitam and Tengku Razaleigh Hamzah camps as well. This is the time for them to make a comeback and help neutralise Mahathir who never really had any grassroots support in Umno.

Mahathir survived by first pitting Musa Hitam and Tengku Razaleigh against each other not once but twice. He himself was returned unopposed. This is a feat he stage-managed. If either Musa or Razaleigh had taken on Mahathir for the Umno Presidency then, they could have beaten him.

Mahathir used everyone and betrayed them



Mahathir, having used Musa to neutralize Razaleigh – hinting that Razaleigh won’t be Deputy Prime Minister if he won -- subsequently spread rumours that the Mahathir-Musa 2M Administration would henceforth be the Mahathir Mohamad 2M Administration. Musa resigned and played into Mahathir’s hands.

Mahathir then brought in veteran Ghaffar Baba, a strong grassroots man who had the backing of Malay teachers who then formed the bulk of the Umno membership, as his Deputy Prime Minister. It was Ghaffar who helped to pull in votes for Mahathir as Umno president in the face of a combined assault by Razaleigh and Musa for the Presidency and Deputy Presidency. Even then Mahathir would not have made it had he not received the backing of votes from 30 illegal branches created by him.

As history has recorded, Mahathir used Anwar Ibrahim to 'kill' Ghaffar Baba. Subsequently, he had Anwar incarcerated on trumped-up sodomy charges because the latter realised that the former was a grave danger to Umno, the Malays and the country.

Mahathir’s past will catch up with him in the present to haunt his future. It should be evident when Najib announces the list of Umno and BN candidates for the 13th GE and the Mahathir-Muhyiddin camps find they have been left out in the cold.

Even if Najib disappoints, even if he chickens out and submits to the older man's will in exchange for more largesse, time has is running out. And it's not just for Mahathir but for the bad brand name that Umno has become thanks to selfish leaders who through the decades placed their vested interests way ahead of the party's.

It’s highly unlikely that anyone dropped from the Mahathir and Muhyiddin camps would be fielded by Pakatan Rakyat, led by Opposition Leader Anwar Ibrahim. If at all, Pakatan should only consider accepting candidates from the Tunku, Hussein, Badawi, Musa Hitam, Razaleigh and Najib camps who had expected to be fielded by BN but were not. The doors are fast closing even on this group. Brimming with young talent, Pakatan might not have space!

Malaysia Chronicle

'MACC statement does not clear lawyer Cecil'

'MACC statement does not clear lawyer Cecil'

The Malaysian Anti-Corruption Commission's statement that senior lawyer Cecil Abraham was not involved in closing investigations into ex-private investigator P Balasubramaniam is not sufficient to clear him of allegations of involvement in the drafting of Bala's second statutory declaration.

MACC operations review chairperson Hadenan Abdul Jalil's statement yesterday shows that the anti-graft body is "more concerned with defending its decision (to close the case)" rather than to investigate a wrongdoing, PKR vice-president Tian Chua (left) told a press conference today.

"Why is MACC so quickly coming up to deny things, especially since Cecil is sitting on the (operations review) panel? It's not good enough to issue a statement to say he was not involved (in closing the case).

"(It) doesn't mean that the whole issue of the falsification of an SD does not exist. This has been corroborated by at least two individuals," Tian Chua said, referring to Bala and carpet trader Deepak Jaikishan,

Instead of washing the panel's hands off the matter, he added, the MACC and the police should reopen investigations into possible offences, including "the making of a false statutory declaration, perjury, kidnap, extortion, bribery, corrupt practices, murder and the attempted covering-up of such offences".
These, he said, included Sections 107 and 120A of the Penal Code and Section 191 of the Statutory Declaration Act 1960.

Malaysiakini has contacted Cecil by way of fax, email and a letter by hand, and is awaiting his reply.
‘PM and Rosmah not on the list’

Besides Bala and Deepak, Tian Chua said, the authorites should immediately record the statements of Cecil, the prime minister’s brother Nazim Abdul Razak and lawyer Arulampalam.

Arulampalam was photographed by Bernama accompanying Bala at the press conference to reveal the second statutory declaration.

Tian Chua said this was because the five people had material contact with Bala and Deepak in relation to the signing of the second statutory declaration.

Prime Minister Najib Abdul Razak and his wife Rosmah Mansor are not included in the list, he said, as they were “not materially present in these meetings”.

“Whether Nazim came on behalf of Najib, or whether Rosmah met Deepak, we don’t know... Let's leave (the PM and his wife) alone first, we don’t want to defame the PM unnecessarily.

“What we want to know is whether Deepak really defamed the PM by making up these stories, and how these stories coincide with Bala's statement. We need the police to investigate,” Tian Chua said.

On claims that Deepak was paid by the opposition to make such claims, he said this was precisely the reason that the police should investigate.

Deepak sex video ‘not of concern’

He added that claims that a sex video involving Deepak would materialise soon “are not of our concern” as it is not up to “media, politicians or bloggers” to determine the credibilty of Deepak’s claims or his character.

Pro-establishment websites, including Mynewshub, have claimed that a sex video involving Deepak and a “Malay-looking lady” will circulate on the Internet soon.

Asked if the police were perhaps waiting for a report to be lodged by the prime minister himself, he said: “The DAP has lodged a police report against Deepak and PKR Youth, too, has lodged one on the issue. These are known facts.

“If what Bala and Deepak said are untrue, these two should be probed for attempting to criminally defame the PM and his wife,” he said.

Tian Chua added that the fact that Najib had sworn on the Quran to say that he has never met murdered Mongolian Altantuya Shaariibuu does not negate the need for an investigation into the conflicting statutory declarations.

Also at the press conference was PKR treasurer and Selayang MP William Leong and PKR's Sungai Petani MP Johari Abdul, who said that the integrity of both the MACC and the police are now on the line.

Urgent priority for MACC and AG’s Chambers to conduct course on corruption for PM, DPM, Cabinet Ministers, MBs and CMs particularly Sarawak and Sabah and top government officers including AG himself if Malaysia is serious in war against “grand corruption”

On the way to Yong Peng from Kuala Lumpur tonight, I came across the news report that the Malaysian Anti Corruption Commission (MACC) and the Attorney-General’s Chambers will hold a course on avoiding corruption for parliamentarians next year.

The Pemandu director D Ravindran, who is in charge of the anti-corruption section of the National Key Results Areas (NKRA), is quoted as saying:

“The Government Transformation Plan 2.0 (GTP 2.0) has the commitment of both the MACC chief commissioner Abu Kassim Mohamad and the AG (Abdul Gani Patail), who will both be conducting the course for our lawmakers.

“So, for the first time, we are going to teach our parliamentarians what is right to take and what is not right to take.”

Speaking on the sidelines of the launching of the Transparency International (TI) Corruption Perception Index 2012, Ravindran said the course would include information on what constitutes corruption, and the codes of conduct and best practices to avoid it.

The MACC and the AG’s Chamber should not be barking up the wrong trees as they should know where the priorities in fighting corruption, especially grand corruption, should lie.

Let me tell MACC and the AG’s Chambers that the urgent priority in the battle against graft in Malaysia is for MACC and AG’s Chambers to conduct a course on corruption for the Prime Minister, Deputy Prime Minister, Cabinet Ministers, Mentris Besar and Chief Ministers particularly Sarawak and Sabah as well as top government officers including the Attorney-General, Tan Sri Gani Patail himself, if Malaysia is serious in its war against “grand corruption”.

It would appear that many of these top political and government leaders do not know “what is right to take and what is not right to take”, which is why there are so many allegations of abuses of power, malpractices and even corruption against them which had not been responded fully and satisfactorily, whether it be the scandal of the RM40 million “political donation to Sabah UMNO” implicating the Sabah Chief Minister, Datuk Seri Musa Aman or the extraordinary wealth and assets of the family of the Sarawak Chief Minister, Tan Sri Taib Mahmud amounting to RM64 billion after 30 years as Sarawak Chief Minister as alleged by the Bruno Manser Foundation recently.

Dare the MACC and AG’s Chambers conduct a course not only on avoiding corruption for the Prime Minister, Deputy Prime Minister, Cabinet Ministers, Mentris Besar and Chief Ministers particularly from Sarawak and Sabah, and top government officials, but also on their responsibility to account fully and satisfactorily when serious corruption allegations are publicly made against them, including clearing their names and establishing their reputation in the courts of law?

(LKSiang Speech at the DAP Yong Peng “Ubah” dinner in Yong Peng, Johore on Wednesday, 6th December 2012)

PI Bala threatens to bare all if MACC keeps mum

(Malaysiakini) Private investigator P Balasubramaniam has threatened to expose more details of attempts to bribe him in relation to his 2008 statutory declaration (SD) linking Prime Minister Najib Abdul Razak to murdered Mongolian national Altantuya Shaariibuu.

In a letter to the Malaysian Anti Corruption Commission (MACC) that Malaysiakini has sighted, Balasubramaniam who is in hiding in India said the information he possesses is already in the hands of foreign journalists and would be released if the commission continues to do nothing.

"My lawyer is holding everything for me. Also foreign journalists have everything. (They are) just waiting for my instructions and then (they) will release everything.

"By then (it would be) too late. As I said, please inform me or my lawyer within seven days, otherwise I am not responsible for what happens," he wrote.

In the letter dated Nov 2, Balasubramaniam expressed frustration at MACC's inaction.

"Why is the MACC not doing anything about my case since 2008? Is it because it involves the prime minister?

"My case is very clear, you don't have to investigate much. I have already given you all the evidence you need," he wrote.

He noted that the MACC had initially asked for an interview with him in London, but had not turned up at the last minute.

Subsequently, Balasubramaniam said he had answered all of MACC's questions which were couriered to him.

"You will recall that I assisted you by answering all your questions and had my affidavit affirmed and sworn before a notary in London as you requested.

"My lawyers then personally delivered this affidavit to your office in Putrajaya in August 2010," wrote the PI.

‘Bribed to implicate PKR’

Balasubramaniam claims that some people had bribed him to get him to implicate PKR leaders, including party de facto leader Anwar Ibrahim, of paying him to commit perjury in his 2008 SD linking Najib with the murdered translator.

He said he was approached by the same people - businessman Deepak Jaikishan and a police officer by the name of Suresh - who had threatened and subsequently paid him a substantial amount, to sign a second SD to say that his first sworn statement was made “under duress’.

A key figure in the Altantuya murder controversy, Balasubramaniam fled to India with his family after signing the second SD.

Balasubramaniam later said that since then, Deepak and Suresh again approached him in April last year to bribe him to implicate PKR leaders.

In his letter to MACC, he complained, "I have given you enough time (to act), so far nothing has happened, zero.

"I am sitting here in Indian and cannot come back to Malaysia as I am afraid for my safety. I have got no job. How long do you think I can survive?" he wrote.

SPRM siasat Rafizi isu PM campur tangan tender

Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) menyoal siasat pengarah strategi PKR Rafizi Ramli malam ini susulan pendedahannya berhubung dakwaan campur tangan perdana menteri dalam projek sambungan LRT Ampang bernilai RM1 bilion.

Menurut peguamnya N Surendran, empat pegawai suruhanjaya itu mengambil keterangan Rafizi selama 15 minit di ibu pejabat PKR di Tropicana kira-kira jam 8 malam.

Peguam itu berkata, siasatan berkenaan bertujuan memastikan satu laporan Malaysiakini yang mengutip kenyataan Rafizi di sidang medianya pagi ini.

Rafizi mendakwa Datuk Seri Najib Abdul Razak mengutamakan sebuah syarikat yang membida dengan harga lebih tinggi.

Rafizi dalam pendedahannya mendakwa, pada mulanya Kementerian Kewangan menganugerahkan kontrak itu kepada Konsortium Balfour Beatty-Invensys, berdasarkan keputusan mesyuarat Jawatankuasa Perolehan Menteri Kewangan (JPMK).

Sedangkan, dakwa Rafizi, Perdana Menteri Datuk Seri Najib Razak minggu lepas melahirkan hasrat menganugerahkannya kepada Konsortium George Kent, seperti dilaporkan media.

Keputusan itu didakwa bertentangan dengan keputusan JPMK - jawatankuasa tertinggi Kementerian Kewangan dan dipengerusikan sendiri oleh Najib - yang bersidang pada 25 Januari 2012.

MACC trio to face disciplinary action

The Sun 
by Hemananthani Sivanandam

KUALA LUMPUR (June 27, 2012): Almost a year after a royal commission of inquiry implicated three of its officers in the death of political aide Teoh Beng Hock, the Malaysian Anti-Corruption Commission (MACC) has finally decided on the disciplinary action to take against them.

MACC chief commissioner Datuk Seri Abu Kassim Mohamed said the commission would first make its recommendations to its complaints committee before announcing the action.

The three officers are the then Selangor MACC deputy director Hishamuddin Hashim (now Negri Sembilan MACC director), as well as enforcement officers Mohd Anuar Ismail and Mohd Ashraf Yunus.

“We have decided what disciplinary action to take. We will inform the (complaints committee) in its next meeting,” said Abu Kassim in a press conference after handing over the commission’s annual report to members of the Special Committee on Corruption in Parliament today.

Asked when the complaints committee will be meeting next, Abu Kassim said that he has to check as it is an independent committee.

“Let us finalise this at the complaints committee first. We will inform them first, then we will announce,” he said.

The MACC’s decision comes almost three years after the death of Teoh, 30, whose body was found on the landing of Plaza Masalam in Shah Alam, the MACC’s headquarters at the time, the day after he was interrogated overnight on July 16, 2009.

A 17-month-long inquest into the political aide’s death returned an open verdict, while a royal commission of inquiry (RCI) concluded in its report on July 21 last year that Teoh was not murdered but had committed suicide due to the aggressive interrogation tactics by three MACC officers.

The trio were suspended from their duties last year after being named in the RCI report, but Abu Kassim in April confirmed that they had been transferred out of the Selangor MACC office.

Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz had in March reportedly said that the three officers had been cleared of any criminal wrongdoing by the Attorney-General’s Chambers.

Nazri said this was done after the AG’s Chambers examined the outcome of evidence from the police who investigated the three, based on evidence adduced during the inquest and RCI set up to investigate Teoh’s death in 2009.