‘I was treated like Botak Chin’

FULL REPORT

KUALA LUMPUR: Anwar Ibrahim today testified in the trial-within-a-trial of his sodomy hearing and related how he was treated like the notorious criminal Botak Chin, who was hanged in 1981, following his arrest.

The defence also established that at no point during the incident were the grounds of arrest given.

Addressing a packed courtroom, Anwar, who was dressed in a suit, recalled how he was arrested on July 16, 2008 and the humiliation he endured when asked to strip at the Kuala Lumpur Hospital.

Questioned by his lead counsel Karpal Singh, the opposition leader said he was en route to Segambut for the Zohor afternoon prayers after a meeting with Malaysian Anti-Corruption Commission (MACC) officials in Putrajaya.

It was during this point that his car was intercepted by several patrol cars and unmarked cars.

He then drew laughter when he said that some 10 to 15 policemen with sub-machine guns and donning “barracudas” confronted him.

Karpal then corrected the PKR supremo, saying that the policemen were wearing “balaclavas”.

When the policemen had told him that they were ordered to arrest him, Anwar replied that there was no need to do so since he had agreed to be present at the Kuala Lumpur police headquarters at 2pm that day.

At the police headquarters, he was joined by his lawyers, R Sivarasa and Sankara Nair.

Forced to sleep on cement floor

At 8pm, Anwar was taken to the hospital as the authorities wanted to extract a DNA sample from him but was advised by his counsel not to comply due to previous experiences involving theft of samples.

There he was examined by consultant physician Jayaindran Sinadorai and consultant surgeon Ee Boon Leong.

“I was asked to remove my underwear so that they could measure my private parts and length of pubic hair. It was degrading,” he said, adding that the medical personnel also wanted to swab his anus with cotton buds.

At 11pm, he was taken back to the police headquarters, where the investigating officer DSP Jude Pereira said, “We’re sorry, we have to take you into lock-up.”

Anwar told the court how he was forced to sleep on the cement floor despite having a back condition, leading him to seek medical treatment the next day.

He also described the lock-up’s condition as being “deplorable and atrocious”.

When cross-examined by Solicitor-General II Mohd Yusof Zainal Abiden, Anwar said: “No normal person is treated this way… not told the offence and dragged like an al-Qaeda agent.”

“I was treated like Botak Chin,” he said, but denied that he was physically abused by the police when quizzed by the prosecution.

Anwar also told the court that when he was in the lock-up, he was given two towels, a tooth brush, tooth paste and soap.

He, however, could not recollect what was written on the towels.

Yesterday, Kuala Lumpur High Court judge, Justice Mohamad Zabidin Mohd Diah, allowed the defence’s application for a trial-within-a-trial.

This was to enable the court to decide on the admissibility of three items recovered from Anwar’s cell when he was detained overnight between July 16 and 17, 2008.

The items were a mineral water bottle, “Good Morning” towel and a white toothbrush.

Meanwhile, Sankara, who took the stand later, also said that to the best of his knowledge, Anwar was not given the grounds of arrest.

“Not in my presence and not at any time I know of,” he said when asked by Karpal.

The trial-within-a-trial will continue tomorrow with Sivarasa’s testimony and two prosecution witnesses.

This is the second time Anwar had been charged with sodomy, the first being in 1998 alongside a corruption charge.

Anwar had been accused of sodomising his former personal aide, Mohd Saiful Bukhari Azan, at a condominium in Bukit Damansara here on June 26, 2008.

If convicted, Anwar could be sentenced to a maximum of 20 years jail and whipping.

Like the previous charge, the opposition leader had claimed that it was fabricated by his political rivals.

Uthayakumar may opt for jail, not bail

The Hindraf leader believes that one way to highlight the plight of poor Indians is from behind bars.

KUALA LUMPUR: Hindraf Makkal Sakti leader P Uthayakumar may opt to languish behind bars instead of posting bail if he is charged tomorrow.

According to the former Internal Security Act (ISA) detainee, he sees no other alternative to highlight the plight of poor Indians in the country.

Uthayakumar, the pro-tem secretary-general for the Human Rights Party (HRP), said this at the annual briefing for foreign and diplomatic missions to Malaysia at the HRP office here.

“I may decline bail and go to jail but I have not decided. I don’t know what else to do. (The people arrested during last weekend’s Hindraf rally) are (merely) asking for their legitimate rights,” he said.

Uthayakumar, who was among the 109 arrested, is expected to be charged with illegal assembly tomorrow.

The lawyer-turned-activist spent nearly two years under ISA detention after leading a mammoth protest in 2007.

The government later banned Hindraf after accusing its leaders of having terrorist links.

Meanwhile, the more than an hour long briefing this morning was part of Hindraf’s international lobby to update the international community on the plight of Indians here.

Present were seven representatives from the Swiss, German, Indonesian, Italian embassies, the European Union (EU) and the United Nations Development Programme (UNDP).

The representatives actively participated in the question and answer session fielding questions regarding the Intelok controversy, Hindraf’s influence and the ongoing “MyDaftar” campaign.

“Last year, they were quiet but this year I was suprised that there were many questions,” Uthayakumar told reporters later.

He added that many of the foreign representatives were unaware of the level of discrimination in this country.

‘Pakatan fears losing Malay votes’

During the briefing, questions were also posed regarding HRP’s 15/38 political empowerment strategy for the Indians.

The initiative suggests to increase the number of Indian voters to 20% in 15 parliamentary seats by encouraging Indian voters to register in these areas.

The areas are Padang Serai, Batu Kawan, Sungai Siput, Ipoh Barat, Bagan Datoh, Cameron Highlands, Hulu Selangor, Kuala Selangor, Klang, Kota Raja, Rasah, Teluk Kemang, Alor Gajah, Tebrau and Lembah Pantai.

Uthayakumar, however, conceded that although campaigning for this effort started since his release from ISA detention in 2009, the response has been lukewarm.

He also complained that Pakatan Rakyat leaders are also not receptive to the plan.

“Even DAP, PAS, PKR feel they will loose out on Malay votes,” he said.

Bkt Jalil folk lodge police reports against Raja Nong Chik, DBKL

Irate Bukit Jalil folk claim City Hall's latest notice of eviction is flawed and without proper legal basis.

KUALA LUMPUR: Irked by a fresh eviction notice issued by Kumpur Lumpur City Hall ((DBKL), residents of Ladang Bukit Jalil lodged a police report against Federal Territories and Urban Well-Being Minister Raja Nong Chik Raja Zainal Abidin and mayor Ahmad Fuad Ismail.

The residents, consisting of 41 families, lodged individual reports at the Bukit Jalil police station today claiming the eviction notice was illegal.

The latest notice issued on March 1 set a 14-day deadline for the residents to vacate their premises and that their homes would be demolished the following day.

On Feb 23, Raja Nong Chik offered RM23,000 each to those who had worked in the rubber estate for more than 15 years and RM11,000 for the rest as compensation for them to leave the land.

He gave them one week to deliberate on the offer (March 2), failing which they will be evicted regardless of whether they took up the offer.

However, the minister’s directive drew flak from the residents who claimed they were not allowed to talk at the Feb 23 meeting with the minister and DBKL officials.

Parti Sosialis Malaysia (PSM) secretary-general S Arutchelvan, speaking on behalf of the residents, said the notice issued to the families on March 1 is flawed.

“You can evict squatters under the Emergency Ordinance but these people are estate workers. So under what regulation are they evicting them?” asked Arutchelvan.

Nothing in black and white

However, DBKL officials said that the eviction notice was issued based on an understanding between Raja Nong Chik and the families on Feb 23.

Rubbishing the claim, Arutchelvan reminded the authorities that no such discussion took place as Raja Nong Chik had refused to let the residents put forward their case.

“The minister only made an announcement of the offer on Feb 23. He only made a verbal offer and there was nothing in black and white.

“That is why we wrote a letter to the minister on Feb 25 seeking a formal offer letter for deliberation, but we did not receive a reply,” said Arutchelvan.

The land now belongs to a private developer, Bukit Jalil Development Sdn Bhd, and Arutchelvan said it was improper of City Hall to issue eviction notices on the developer’s behalf.

“It looks like the government is assisting a private developer to evict the families,” said Arutchelvan.

Estate committee secretary, S Thiakarajan, said the residents are fed up with the authorities for treating them shoddily.

“Even illegal immigrants are treated better than us,” said Thiakarajan.

Gory video on kitten abuse

Angry social network users are lambasting a second video depicting animal abuse by a Malaysian which is now available for worldwide view online.

PETALING JAYA: Are Malaysians turning into sociopaths with little or no concern for man and beast?

Are we so tormented that we need to kick, hit, stomp, slap and abuse not just people but also helpless animals to assert our “superiority” and vent frustration at how the world treats us?

Shocking as it is, we have had two videos uploaded on public domain in just as many months depicting abuse of animals by Malaysians.

The latest video circulating the Internet and which has also incurred the wrath of netizens shows a man beating cats to death.

Uploaded on Facebook, the five-minute-long video shows a Chinese man in his 20s abusing a litter of cats with his umbrella.

Entitled “Happened in Malaysia – Serdang, captured by CCTV”, the video was first hosted on “Bincang”, a local Internet forum.

In the clip, a man is first seen threatening a lone kitten in an alley. He then swings his umbrella behind a wall, striking another kitten in the process.

Without mercy, the man hits the first kitten again.  An older cat, presumably its mother, rushes to its rescue.

The assailant chases the mother away before hitting the kitten again. This time he gives it a hard kick before chasing it out of the camera’s view.

A few seconds later, the man turns his attention to another kitten behind the wall, whacking it with his umbrella.

Again the kitten’s mother tries to intervene but the man chases her away. The kitten then falls helplessly to the roadside, only to be whacked at again and again.

Eventually, the man grabs the kitten’s lifeless body and drops it into the alley. He stamps on it twice, before walking away.

Forty seconds later, he is seen kicking the kitten’s corpse out of the camera’s view.

Face censored

Sporting a cap and wearing Crocs, the man does not appear to look like a local shopkeeper.

It is believed that the video was taken through a security camera’s feed. The lettering “CH04″ is seen in the lower middle portion of the video.

The man also seems to be aware of the camera, and is seen looking at it after stamping on the kitten’s body. His face, however, was censored.

Predictably, the man’s actions were heavily condemned by the online community.

“I don’t understand how some people can be so cruel and heartless. This idiot must have some mental dysfunction,” said Facebook user Debbie Tan.

Enraged cat lover Nora Aziz said: “Stupid man. If you have kids one day, (I hope) wild cats will do the same thing to them.”

Other users also bemoaned the possible lack of police action against the kitten abuser.

“What we lack is enforcement,” said Facebook user, Adelene Wee.

“But that doesn’t mean we take matters in our own hands. We can fight for their rights and not condone such cruelty, but we can raise awareness,” she said.

Second video of its kind

The video is the second of its kind to appear over the Internet in recent months.

In January, a video of a man teaching a toy poodle tricks through abuse spread over Facebook. The abuser, also Chinese, was seen beating his dog into standing up straight.

Despite widespread online and offline condemnation, no known action has been taken against him.

The link to the cat abuse video.

http://www.facebook.com/video/video.php?v=1895256344554&oid=276194922385

Interlok: Hanya satu perkataan diubah?

Sekiranya satu perkataan perlu diubah, maka tidak perlu panel bebas.

PETALING JAYA: Walaupun Panel Bebas Mengkaji Pindaan Novel Interlok sudah diberi amanah melaksanakan tugas mencadangkan pindaan terhadap novel kontroversi itu, masyarakat umum masih melahirkan kebimbangan.

Perkara ini amat nyata melalui pelbagai komen di portal berita, rangkaian sosial Facebook dan blog. Analisis di FMT semalam turut mendapat reaksi pembaca.

Orang ramai bimbang bahawa Kementerian Pelajaran mungkin hanya melakukan pindaan yang terlalu minimum terhadap novel edisi murid itu yang dijadikan teks Komponen Sastera (Komsas) bagi subjek Bahasa Malaysia Tingkatan Lima di Selangor, Negeri Sembilan, Kuala Lumpur dan Putrajaya.

“Kalau hanya perkataan ‘paria’ mahu diubah, kerja itu sepatutnya sudah dibuat sejak kontroversi ini mula-mula timbul.

“Tidak perlulah membazir masa dan tenaga melantik satu panel khas kalau hanya mahu tukar satu perkataan,” kata seorang pemuda yang ditemui penulis.

Katanya, penggunaan istilah ‘paria’ dalam novel Interlok edisi murid menjadi pencetus kemarahan kerana menyentuh sensitiviti dan menghina kaum India.

“Melalui pelbagai dialog, forum serta tulisan di portal berita dan blog, sudah terbukti bahawa ada terlalu banyak kelemahan dalam novel itu. Sudah terlewat untuk mengabui mata rakyat dengan hanya menukar perkataan ‘paria’ sahaja,” katanya.

Beberapa individu yang ditemui berkongsi pandangan yang sama, iaitu bahawa terdapat terlalu banyak perkara menyentuh sensitiviti kaum, menghina masyarakat, kesilapan fakta dan kesalahan bahasa dalam novel itu.

“Kalau semua kesilapan itu ditukar, tentu seluruh novel akan berubah. Jadi, lebih baik tukar sahaja novel itu dengan novel lain untuk dijadikan teks Komsas di sekolah,” kata seorang mahasiswa institusi pengajian tinggi awam.

Menurutnya, pertubuhan bukan kerajaan (NGO) Melayu dan persatuan penulis seperti Gabungan Persekutuan Penulis Nasional (Gapena) dan Persatuan Penulis Nasional (Pena) tidak mengizinkan walau hanya satu perkataan di dalam novel itu ditukar.

“Wakil Gapena sendiri ada dalam panel bebas itu. Sasterawan Negara, Datuk Abdullah Hussain juga tidak mahu karyanya diubah.

“Jadi, saya tidak fikir panel bebas ini boleh bebas melakukan pindaan dalam erti kata sebenar terhadap begitu banyak kesalahan fakta dalam novel itu,” katanya.

Interlok panel can’t do much

Amending the offending passages in the controversial book is nothing short of insulting the author, says NIAT.

KUALA LUMPUR: The National Interlok Action Team (NIAT) says that the independent panel tasked with amending contentious passages in Interlok would not make much of an impact.

Its chairman, Thasleem Mohamad, told a press conference today that “there is nothing much to edit” when asked why NIAT did not wait for the revised version of the book from the panel.

The panel was formed on Feb 16 after talks between Indian and Malay NGOs over the controversial Form 5 book ended in a deadlock.

NIAT committee member Bala Tharmalingam, meanwhile, said that editing the book will also be deemed as an insult to the author, Abdullah Hussein.

He added that amending the passages in the book will also not change the storyline, the moral of the story and the racial stereotyping.

Thasleem, however, said NIAT had confidence in Prime Minister Najib Tun Razak and that the latter would come up with a judicious decision.

“We have full faith that in the interest of 1Malaysia, the prime minister will remove the book,” Thasleem said, adding that NIAT submitted a 30-page report on the matter to Najib yesterday.

He also said NIAT would hold a peaceful rally with police permit next month if the Education Ministry failed to resolve the issue.

A million copies of the 30-page report would also be distributed if the novel is not revoked.

Efforts by NIAT to cooperate with the Malaysian Muslim Youth Movement (Abim) and allied coordinating committee of Islamic NGOs to oppose the usage of Interlok are also underway.

Thasleem also urged Muslims on the panel to view the book from a Muslim perspective and quoted verses from Surah Al-Hujurut and Surah Al-Akraf which forbids anyone from insulting another.

Raja Petra rejects lunch date with Najib

The blogger turns down an invitation to lunch at the Australian Parliament House in honor of Najib.

KUALA LUMPUR:  Blogger Raja Petra Raja Kamaruddin has turned down an invitation to lunch at the Australian Parliament House in honour of Prime Minister Najib Tun Razak.

The blogger, one of Najib’s fiercest critics in cyberspace, was invited today by Australian MP, Michael Danby.

On March 21, Raja Petra would be appearing before the Australian foreign affairs sub-committee to conduct a briefing on the human rights situation in Malaysia.

The blogger was also expected to urge Australia to send observers for the upcoming Sarawak state election and general election.

Opposition Leader Anwar Ibrahim’s daughter and Lembah Pantai MP Nurul Izzah was expected to attend the briefing as well.

During his discussion with Danby, the Malaysian Civil Liberties Movement (MCLM) chairman also touched on Anwar’s sodomy trial and the problem of rising racism and religious intolerance in Malaysia.

Freedom of speech cuts both ways

In another development, Raja Petra, in his latest blog posting, had urged opposition supporters to be more tolerant of criticism.

Condemning the condemnation of those critical of the opposition, he said that freedom of speech cuts both ways but lamented that opposition supporters do not seem to understand this.

“To them, freedom of speech merely means to criticise the government,” he said, pointing out that those who offered unfavourable views were often regarded as turncoats and Trojan horses.

“This is a very primitive and immature thinking. You cannot ask for freedom to criticise the government but do not wish anyone to criticise you,” he said.

A Blog Activist's Tale with Raja Petra Kamarudin (RPK)

SEMENANJUNG TANAH MELAYU

1. Was I rewriting history when I said that Peninsular Malaysia is historically Semenanjung Tanah Melayu? If Mr Gan Ping Sieu 
(MCA Vice President) cares to read the history of this peninsular, he would know that officially the Malayan Union was replaced by Persekutuan Tanah Melayu. The English name "Federation of Malaya" was not official. I ought to know because I lived through this period.

2. But when the federation was enlarged to include Singapore, Sabah and Sarawak, the Malays, led by the Tunku agreed to the name "Malaysia" for the enlarged federation. Historically therefore the Malays agreed to the renaming of Persekutuan Tanah Melayu. But historically the peninsular was Tanah Melayu, made up of Malay States ruled by their rulers, the Malay Sultans. All agreements with the British were made by the Malay Sultans of the Malay States of the Peninsular. Malaya or Malaysia never entered into agreements with the British simply because they did not exist as sovereign states.

3. These are the facts of history. I was speaking about the origins of Malaysia. Can we say the origin of Malaysia was Malaysia. Historically there was no Malaysia.

4. I talked about this in response to certain people who claim that the Malays are as much immigrants as the Chinese and Indians.

5. Some Malays are obviously descended from people who came to the Malay Peninsular from the Indonesian islands, India and the Arabian Peninsular.

6. Having come here they were assimilated after they identified themselves completely with the Malays by adopting the Malay language, their customs and traditions and by being Muslims.

7. This is a common phenomenon. In America, Australia, Latin America, the later immigrants accepted the languages of their adopted country as their mother tongue as well as the culture.

8. After doing this they no longer think of themselves as being of their original country. They are Americans, Australians and Argentinians period. We don't hear them claiming to be German Americans, Portuguese Australians or Italian Argentinians, even though they or their ancestors came from these countries.

9. Malays are Malays and it is mischievous to suggest that when asked about their race they would say they are Bugis or Javanese. It is only if they are asked where their ancestors came from that they would say Celebes or Java. Otherwise they are just Malays.

10. If you ask me I would reply that I am a Malay. I would not say I am a Malay or Malaysian of ethnic Indian origin. My mother tongue and home language is Malay, my culture and tradition is Malay and I am a Muslim. The constitution defines a Malay as a person who habitually speaks Malay, practices Malay custom and tradition and is a Muslim.

11. However I am told that IC cards in Singapore ignore Malays and state that the person is Bugis or Javanese. The intention is clear; to kill the Malay identity and create the impression that they are foreign immigrants.

12. Malays are caught in a dilemma. When challenged by the opposition on any racial issue, they are unable to respond because if they do then they would be accused of being racist even by members of the Barisan Nasional. When they do not reply then UMNO in particular would lose Malay support for not defending them. This will lead to UMNO being rejected by them. The Chinese have openly declared that they will not support Barisan Nasional. (read here)

13. Without Malay support and deprived of Chinese support UMNO would lose. Barisan Nasional would also lose.

14. Preventing Malays from defending themselves is not much different from supporting the opposition. When I rebut the anti-Malay racism of the opposition I am only trying to ensure that at least the Malays would support Barisan Nasional. I am no racist. Those who support racist statements by the opposition are the real racists.

15. For almost 52 years the Alliance and Barisan Nasional coalitions had worked well together. The prosperity that we enjoy during those years is the result of inter-racial cooperation through the Barisan Nasional.

16. In multiracial Malaysia no one can have everything that they consider they are entitled to - neither the Malays, nor the Chinese nor the Indians nor the different tribal groups in Sabah and Sarawak. The moment anyone demands that he be given everything that he thinks he is entitled to then there can be no inter-racial cooperation. Without inter-racial cooperation this country would go to the dogs.

17. We have read the fable of the thief who shouted "thief"! The racists are the same. They shout racist at others to distract from their own racism. 

Sticky Questions in Malaysia's Port Scandal

(Asia Sentinel)What did the cabinet know, and when did they know it?

The arrest earlier this week of Chan Kong Choy, a former Malaysian Transport minister and top Malaysian Chinese Association leader, for his alleged role in the multi-billion dollar Port Klang Free Trade scandal that arose in 2007, poses serious problems for the Malaysian government.

That is because, whatever the dimensions of the scandal, Malaysia's cabinet itself, according to a secret June 22, 2007 memorandum, retroactively approved the legality of billions of ringgit in supposedly illegal loans for the increased cost of development at the port.

If potential loan defaults are included, the attempt to turn the Port Klang seaport 60 km. east of Kuala Lumpur into a national multimodal transshipment center would dwarf all previous Malaysian scandals, with a likely cost of RM12.45 billion (US$4.106 billion at current exchange rates).

Chan is the second MCA official to be charged. The first was Ling Liong Sik, the 68-year old former MCA president who retired in 2003. Four other lesser individuals have been arrested as well. But since the loan guarantees were actually approved by the full cabinet, complete with approval by the country's attorney general, Abdul Ghani Patail, that confronts Najib Tun Razak, the prime minister, with an unappetizing list of choices given his public rhetoric about cleaning out corruption in his party and government.

One of those choices is how to explain the participation of the cabinet in a clearly illegal action. Another is how to prosecute Chan without Chan relating the involvement of a wide range of other politicians – or whether he and Ling, among others, will be prosecuted effectively. Presumably Chan and Ling could both cite the secret cabinet document showing approval of the loan guarantees in their defense.

As an indication of the lack of zeal to prosecute previous major cases, an longtime observer in Kuala Lumpur pointed to the corruption trial of Eric Chia Eng Hock, a tycoon and crony of former Prime Minister Mahathir Mohamad, who picked Chia to run the country's ill-starred Perwaja Steel project, which ultimately lost U$800 million. Chia was arrested in 2004 and charged with dishonestly authorizing payment of RM76.4 million (US$25.2 million at current exchange rates) to a Japanese enterprise called NKK Corp. through a nonexistent Hong Kong company called Frilsham Enterprises.

The arrest of Chia, the first prominent person to be charged with corruption after Abdullah Ahmad Badawi succeeded Mahathir as prime minister, was regarded initially as a sign that Malaysia was finally starting to clean up its politicized and corruption-riddled court system. But after a marathon investigation and the presentation of evidence, a trial judge ruled that the prosecution had failed to put on a case and Chia, then 71, was acquitted without having to put on a defense.

Likewise, Abdul Razak Baginda, a crony of the current prime minister, was acquitted without having to put on a case despite considerable evidence of his complicity in the execution murder of the 28-year-old Mongolian translator Altantuya Shaariibuu, Razak's jilted lover and a central figure in a massive corruption case involving the sale of French submarines to the Malaysian navy when Najib Tun Razak was defense minister.

There have been other cases as well, including that of V K Lingam, a well-connected lawyer who was caught in an eight-minute videotape with Ahmad Fairuz, then the country's third-ranking judge, in which the two discussed the fixing of judicial appointments at Mahathir's behest. A royal commission appointed to investigate the judicial system concluded that the country's courts had been subject to widespread fixing of judicial appointments, with Mahathir's connivance, that corrupted decisions at the behest of ranking politicians. However, no action was ever taken against either Lingam or Mahathir.

It isn't just that the courts are corrupt, a longtime Malaysian observer told Asia Sentinel. Perhaps a bigger problem is that after Mahathir politicized the courts and the law enforcement agencies during his 22-year reign, the, the police and prosecutors lost the skills and abilities to adequately prosecute or adjudicate cases.

The Port Klang case dates back to 2007. It has now been hanging fire since late 2009. Despite considerable evidence of widespread involvement by a range of politicians from the United Malays National Organization, the country's leading ethnically-based political party as well as the MCA that was uncovered by the Public Accounts Committee, little action has taken place.

Asia Sentinel obtained the 2007 cabinet memo in translation as the scandal grew. It is marked "Rahsia" or "Secret." Since cabinet documents come under Malaysia's stiff Official Security Act, passed in 1972, which allows for imprisonment up to 14 years for violating the statute. Some websites which first put up the memo took it down.

"To finance development projects, bonds issued by Special Purpose Companies (Special Purpose Vehicle) which was created by [Kuala Dimensi, the entity given authority over the project]," the cabinet memo says. "The bonds have been given AAA rating and attracted the attention of many investors. It is because the previous YB Minister of Transport [Ling] issued a letter of support saying the government will at all times ensure that the Port Klang Authority will meet all its obligations according to the duration and number of loans set."

The memorandum indicates that the cabinet knew most of the details about the vast cost overruns, giving a detailed description of the overages on Kuala Dimensi's part, which catapulted from RM1.088 billion (US$343.05 million) RM4.63 billion during the course of the project.

A series of cabinet meetings had been held since 1999 to consider the implementation of the project, especially in terms of land acquisition issues and financial allocations, the memo continues.

"The Ministry of Finance and the Department of the Attorney General have raised concerns about the financial need to be borne by the government and the status of land prices and land ownership issues involved with the project. On October 2, 2002, the cabinet agreed to the purchase of land in Klang for PKFZ after having been informed that the project is viable without government financial assistance and legal issues of land had been settled. A review by the Department of the Attorney General regarding the issue of land acquisition was also presented."

After a lengthy description of the situation, the report concludes: "The Economic Planning Unit, Prime Minister and the Ministry of Transport have no objection to the proposed retrospective approval for the increased cost of development projects PKFZ, Pulau Indah, Selangor and the provision of soft loans to the Port Klang Authority and the government guarantee in relation to the issuance of bonds by Kuala Dimensi Sdn. Ltd."

Significantly, the legality of the retroactive guarantee appears to have been approved by the attorney general, Abdul Ghani Patail: "The Department of the Attorney General has no such objections to the proposed terms of paragraph 19 of the Memorandum."

Ultimately, the guarantee of the RM4.63 billion led to potential liability to the Malaysian government of nearly triple that amount if the Port Klang Authority defaults – which a report to the port authority's directors said is inevitable because the port can't generate enough revenue to meet the obligations.

"Retrospective approval by the government would allow [Port Klang Authority] to remain actively involved in the development of the PKFZ," the report says. "PKA as a government statutory body cannot be left to become insolvent and the government guarantee should be given to maintain the confidence of investors on the bonds issued. Payment obligations to KDSB will start this year in monthly installments of RM510 million and additional allocation should be prepared for 2008 until 2010."

Emergency MCA GA to decide whether MCA should make public apology for producing MCA President /Deputy President charged for the RM12.5 billion PKFZ scandal?

The assertion by the MCA President Datuk Seri Dr. Chua Soi Lek that there was no reason to apologise for the two top MCA leaders who were Transport Ministers, Tun Dr. Ling Liong Sik and Tan Sri Chan Kong Choy as whatever happened was the personal conduct of the leaders concerned and his strident denial that “MCA is a cheating party” have raised eyebrows nation-wide, even in Barisan Nasional parties including his own MCA!

Firstly, let me clarify that I had not asked Chua as MCA President to apologise over Ling and Chan on the ground that they were guilty of “grand corruption” as their trials have not even started – and I go along with the legal maxim that a person is innocent unless found guilty by the courts.
I had however asked Chua whether as MCA President he would apologise to Umno, Barisan Nasional and all Malaysians for producing a MCA President and MCA Deputy President who are charged in court for corruption in the RM12.5 billion Port Klang Free Zone scandal based on Chua’s own comments as published by the Star on Tuesday (1.3.11), viz:

Dr Chua said anyone who had committed an offence in the eyes of the Attorney-General’s Chamber should face the music.
“This shows that the Government is fair because it doesn’t just go after the small fish but also the big fish,” he said.

Since Chua as MCA President fully supported the Attorney-General’s prosecution of the two top MCA leaders for corruption in the RM12.5 billion PKFZ scandal, isn’t his next logical and responsible action (regardless of the outcome of the trials) should be to make a national apology for a MCA President and MCA Deputy President being charged for corruption in the PKFZ scandal when they were Transport Ministers?
Chua yesterday made another three more contributions to Malaysia’s lexicon of Political “Quotable Quotes”. On Monday, Chua had said that the charges against Chan will not affect the MCA.
Chua’s three new “Quotable Quotes” contributions are:

• MCA is not a cheating party.
• Corruption charges against Ling and Chan concerned their personal conduct.
• No need to apologise.

Let me comment on Chua’s latest three “Quotable Quotes”.
Firstly, on Chan’s assertion that MCA is not “a cheating party”: the MCA President is not the most qualified person to give such an answer, which should come from the Malaysian Chinese whom the MCA claims to represent as well as the Malaysian people.
Secondly, on the pathetic attempt to dissociate Ling and Chan from MCA for their corruption charges by claiming that they concerned their “personal conduct”, the simple retort from ordinary Malaysians is whether Ling and Chan would have become Transport Ministers in their “personal capacities”!
Thirdly, is Chua speaking for himself or is he speaking on behalf of the entire MCA Central Committee that there is no need for an official MCA apology for producing a President and a Deputy President who have been charged for the RM12.5 billion PKFZ scandal – when no personalities from the other Barisan Nasional parties have been charged?
I do not think Chua can really speak on behalf of all MCA leaders and all levels of the MCA membership when he made the infamous quotes of “Charges against Chan will not affect MCA”, “Charges against Ling and Chan are their personal conduct” and “No Need to Apologise”, as I believe there are still many MCA members of honour and integrity in their rank-and-file.
If Datuk Ong Tee Keat is still MCA President, for instance, I think he would tender such a national apology on behalf of MCA to Umno, Barisan Nasional and the Malaysian public if asked to do so without qualification whatsoever.
May be, Chua should convene an emergency MCA General Assembly to allow the MCA delegates to decide whether MCA should tender a public and national apology to Malaysians for producing a MCA President and Deputy President who betrayed public trust and are charged for the RM12.5 billion PKFZ scandal!

PAS' Promise Of Heaven Preposterous, Says Jamil Khir

TEMERLOH, 3 Mac (Bernama) -- Minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom has described as preposterous PAS' claim that voters who supported the party would be promised heaven while those who backed Barisan Nasional would face the God's wrath.

"We always pray and hope that they (PAS) will repent and return to the true teachings of Islam," he told reporters during his campaign trail in Felda Jengka 23 near here Thursday night.

Jamil Khir also joined Jengka 23 settlers at a tahlil worship and Yasin recitation before speaking at a ceramah in Jengka 25.

He said second prime minister Tun Abdul Razak Hussein left a legacy to the people, including Felda which had given a future to the poor from all over the country.

"Decades of planning have enabled the forest to be cleared for Felda settlers to move in and toil the land. The land scheme had made a big impact on settlers as they get together to enjoy a good life here (Felda)," said Jamil Khir.

He said Razak's vision would be continued by his son, Datuk Seri Najib, who was inspired by