omong

what Malaysian public figures say and don’t say in the press

Archive for September, 2007

Malaysia’s judiciary needs comprehensive cleaning up

Posted by omong on September 29, 2007

The government has to set up a Royal Commission with the necessary powers to thoroughly investigate the entire judiciary, as there is a desperate need to clean house and to do so comprehensively.

Our judiciary has not been in the pink of health, especially since the sacking of Tun Salleh Abbas as Lord President in 1988.  

Since then the impartiality, the independence and the basic honesty of the judiciary have been questioned time and time again. 

Two major concerns are the method by which judges are appointed and related to this, the vital question as to whether the judiciary is truly free from executive interference. These are fears that strike to the heart of a democratic system.  

Without the checks and balances that having three separate branches of government – the executive, the legislature and the judiciary – provides, one cannot say that there is a true democracy.  

And one cannot say with any certainty that the law will protect the citizens from any sort of despotic behaviour. 

This sad lack of faith in the judicial system (which is the penultimate defender of democracy and the citizenry) has been with us for nearly 20 years.  

Let’s just take a look at how low the legal system has sunk. The judge who was supposed to be at the other end of the videotaped phone conversation, in true Bart Simpson style, told the de facto Minister of Law that it wasn’t him. The Minister then told this to the press.  

My question is: “So what”? Does that mean the next time someone is accused of murder or corruption, all he needs to say is “I didn’t do it”? 

Who cares what the judge said. If the video is not a fake (and it looks mighty authentic to me, no Tian Chua Photoshop trickery here), the suspects must be cross-examined.  

And to top it off, the Minister tried to deflect the situation by saying that an opposition political party released the videotape and therefore there had to be a political agenda.  

I’m sorry YB, but I don’t care who came up and delivered the video. If it is true, it shows that we need major changes in our judiciary and no political blame shifting is going to alter that. 

Source: The Star

Read:

The lawyer judge video clip scandal

Rot and More Rot in Malaysia’s Judicial System

Posted in BN government, [s]lawyer video clip, jijik, judiciary | 1 Comment »

Najib says, "Don’t dispute panel’s integrity"

Posted by omong on September 28, 2007

Deputy Prime Minister Datuk Seri Najib Tun Razak said today no one should dispute the integrity of the three members of an independent panel set up to determine the authenticity of a video clip on a telephone conversation between a lawyer and an alleged senior judge on the appointment of judges.

Source:

 

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Najib says, “Don’t dispute EPU figures”

Najib:Don’t insinuate that Government is not transparent with EPU figures

Posted in [s]lawyer video clip, gertak, najib | Leave a Comment »

Information Minister Zainuddin Maidin says Bar Council unprofessional in pressuring government to set up Royal Commission to investigate video clip

Posted by omong on September 28, 2007

Information Minister Datuk Seri Zainuddin Maidin said the council should act professionally to be respected and should not allow itself to be used by certain individuals for their own political interest.
He said the Bar Council was no longer professional by pressuring the government to set a Royal Commission of Inquiry to investigate the unauthenticated video clip of a telephone conversation of a senior lawyer purportedly brokering the appointment of judges in 2002.

 

Source: Bernama

 

Read:

Information Minister does not like informed Malaysians

Posted in kosong, zainudin maidin | 1 Comment »

The characters in the lawyer judge video clip

Posted by omong on September 28, 2007

Sivarasa said the ACA had been informed that he and PKR adviser Datuk Seri Anwar Ibrahim have viewed the full video recording.

“The other part of the recording clearly shows Datuk V.K. Lingam (the senior lawyer in the video) telling the people in the room, after the telephone conversation, that he was speaking to (Chief Justice) Tun Ahmad Fairuz (Sheikh Abdul Halim).”

Source: The Sun

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The lawyer judge video clip scandal

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Badawi tells Ahmad Fairuz to explain Federal Court judge who has not submitted 35 written judgments

Chief Justice Tun Ahmad Fairuz denies he promoted judge who has not written grounds of decision, warns against saying things which are not true

Posted in [s]lawyer video clip, jijik | Leave a Comment »

RM 9 million cop

Posted by omong on September 27, 2007

Supt Azmi Osman (pic), who was charged on Tuesday with three counts of money laundering totalling RM1.3mil, appeared in court again on Wednesday to answer two more counts of a similar charge involving RM2.8mil. 

The 52-year-old officer claimed trial to the two charges before Sessions Judge Ishak Bakri here. 

In the first, he is accused of accepting RM2,093,300, received from illegal activities, into his bank account on Feb 6, 2002, and Dec 20, 2002. 

He is also accused of receiving RM683,850 into the account on Jan 7, 2003, and Oct 2, 2003. 

The offences are said to have been committed at Maybank in Jalan Haji Kassim, Mentakab, here. 

He faces a fine of up to RM5mil, or five years’ jail, or both, for each charge under the Anti-Money Laundering and Anti-Terrorism Financing Act. 

Source: The Star

Read:

Malaysian police in the news

Posted in jijik, police | 1 Comment »

Shahrir calls for better financial management, action against civil servants

Posted by omong on September 27, 2007

Punish civil servants who waste public funds when implementing projects said Public Accounts Committee chairman Datuk Shahrir Abdul Samad. 

He also wanted the ministries and agencies to improve their internal controls on financial expenditures. 

Shahrir said weak internal auditing caused the problems that led to financial mismanagement issues raised in the Auditor-General’s Report. 

Public Accounts Committee chairman Datuk Shahrir Abdul Samad

“The Government must improve tougher expenditure management processes by implementing punitive and also preventive actions against wastage,” said Shahrir. 

“The laws are adequate, but the ministries and agencies should also strengthen the professional capacity of their internal auditors, all of which will eventually reduce the problems cited in the AG’s report. 

“This is an issue involving internal controls or standard operating procedures in which the ministries have to improve to gain good governance,” he said after attending a briefing by Auditor-General Tan Sri Ambrin Buang and department officers at the Parliament building yesterday. 

Source: The Star

 

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Mismanagement of public funds by Malaysian government

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Khir Toyo allocates RM36 million for development projects in Ijok in run-up to Ijok by-election while Selangor government agencies owe RM15 million in assessment arrears to Klang Municipal Council (MPK)

Posted in bernas, shahrir | Leave a Comment »

Lawyers walk for justice

Posted by omong on September 27, 2007

Shouting “Change, Change, Change” and carrying banners that read Bersihkan Badan Kehakiman (Clean up the Judiciary), “No to Corruption” and Rakyat Hakim Negara (The People are the Judge), more than 2,000 lawyers and activists went on a 3.5km march here yesterday. 

“When lawyers walk, something is wrong … that means we would like to see changes,” Bar Council president Ambiga Sreenevasan said. 

On the Government’s decision to set up a three-man special independent panel headed by former Chief Judge of Malaya Tan Sri Haidar Mohd Noor to determine the authenticity of the video clip, Ambiga said the setting up of a royal commission would be preferable as it would have wider powers to compel evidence. 

Source: The Star

Read:

This was also reported by International Herald Tribune

The lawyer judge video clip scandal

Ahmad Fairuz promoted judges with unwritten judgments

Posted in [s]lawyer video clip, bar council, bernas | 2 Comments »

Graft in Malaysia’s Defense Ministry ?

Posted by omong on September 26, 2007

Najib Tun Razak, Malaysia’s defense minister, finds a fountain of cash in military purchases

Despite the fact that the country’s borders have been largely secure for 40 years, Malaysia’s Defence Ministry has for decades been available to provide a river of money to defense ministers, the ruling United Malays National Organisation and any of the Sandhurst-educated generals who could get their hands into the till.

But if three separate contracts over the past several years are any yardstick, Najib Tun Razak, who became defense minister in 1999 and kept the portfolio when he became deputy prime minister, appears to have mastered the game far beyond the expectations of any previous defense leaders. Opposition figures say the three contracts, one for Russian Sukhoi jet fighters, a second for French submarines and a third for navy patrol boats, appear to have produced at least US$300 million for UMNO cronies, Najib’s friends and others.

Describing “the mundane but important element of patronage,” Foreign Policy in Focus, a think tank supported by the Institute for Policy Studies in Washington, wrote in a 2005 article that “many foreign arms manufacturers generally used well-connected Malaysians as their lobbyists for contracts. The commission paid to such representatives is estimated to range from 10 to 20 percent.” Even prior to the 1997 Asian financial crisis, Southeast Asia, which hasn’t had an external war in decades but is rich enough to spend plenty on guns, was the world’s second-largest arms market after the Middle East, representing about 20 percent of the world’s purchases.

By the end of next year, Malaysia is expected to have 18 Sukhoi-20MKM jets intended to replace 14 US-made F-5Es, which have been in service for two decades. Two Sukhois were delivered this year, and the Malaysian Air Force also has 18 MiG-29N Fulcrums.

All three of the contracts, which were approved under Najib and have been widely cited by the opposition, fit well into Foreign Policy in Focus’s patronage scale. Bringing the three together, and taking a new look at their associations, is instructive. They have been forced back into public attention by the continuing trial of Abdul Razak Baginda, one of Najib’s closest friends, who is on trial for his life in a suburban high court along with two of Najib’s bodyguards for the murder of Altantuya Shaariibuu, a Mongolian translator who was shot in the head on October 19, 2006, and then blown up with C4 explosives available only from Malaysia’s military.

According to testimony in the trial, Altantuya accompanied her then-lover Abdul Razak to Paris at a time when Malaysia’s defense ministry was negotiating through a Kuala Lumpur-based company, Perimekar Sdn Bhd, to buy two Scorpene submarines and a used Agosta submarine produced by the French government under a French-Spanish joint venture, Armaris. Perimekar at the time was owned by a company called Ombak Laut, which was wholly owned by Abdul Razak.

The contract was not competitive. The Malaysian ministry of defense paid 1 billion euros (RM 4.5 billion) to Amaris for the three submarines, for which Perimekar received a commission of 114 million euros (RM510 million). Deputy Defense Minister Zainal Abdidin Zin told the Dewan Rakyat, Malaysia’s parliament, that the money was paid for “coordination and support services” although the fee amounted to a whopping 11 percent of the sales price for the submarines.

Spending for defense accelerated across the board after Najib, called “the driving force” behind Malaysia’s military modernization program by Foreign Policy in Focus, became defense chief. The shopping list, the think tank reported, “includes battle tanks from Poland, Russian and British surface-to-air missiles and mobile military bridges, Austrian Steyr assault rifles and Pakistani anti-tank missiles. Kuala Lumpur is also negotiating to buy several F/A 18s, three submarines from France and an unspecified number of Russian Suhkoi Su-30 fighter aircraft.

It was the Sukhois that have become the second controversial purchase brokered by Najib. The deal, worth US$900 million (RM3.2 billion), was through a Russian state company, Federal State Unitary Enterprise ‘Rosoboronexport’ on May 19, 2003. IMT Defence Sdn. Bhd. was appointed the local agent for the Russian company and received 12 percent of the purchase price, US$108 million (RM380 million). The principal figure and chairman of IMT Defence is Mohamad Adib Adam, the former chief minister of Malacca, previous Land and Development Minister and a longtime UMNO stalwart.

The involvement of IMT Defence only became known because in March 2005, a former director of IMT, Mohamad Zainuri Mohamad Idrus, filed suit against several Adib-related companies, alleging that Adib and his sister, Askiah Adam, “wanted to prevent him from exposing the reality of the Sukhoi deal.” In 2006, Mohamad Zainuri lodged a police report alleging that Adib had stolen the US$108 million (RM 380 million) commission that was supposed to be channeled to the company.

According to Mohamad Zainuri’s report, Adib had secretly registered a new company in the federal island of Labuan, Malaysia’s offshore banking center, bearing a name similar to IMT Defence Sdn. Bhd., allegedly in order to channel the commission illegally to the new company. The report was then sent to the Commercial Crime Investigations Department Headquarters. No report, however, has ever been released to the public.

Then, over the last few weeks, a third military scandal surfaced. Malaysia’s Auditor General, in a report tabled in Parliament on September 7, alleged that a contract to build naval vessels given to PSC-Naval Dockyard, a subsidiary of Penang Shipbuilding & Construction Sdn Bhd, which is owned by another UMNO crony, Amin Shah Omar Shah, is near failure.

PSC-Naval Dockyard was contracted to deliver six patrol boats for the Malaysian Navy in 2004 and complete the delivery by last April. Those were supposed to be the first of 27 offshore vessels ultimately to cost RM24 billion plus the right to maintain and repair all of the country’s naval craft. But only two of the barely operational patrol boats had been delivered by mid 2006. There were 298 recorded complaints about the two boats, which were also found to have 100 and 383 uncompleted items aboard them respectively.

The original RM5.35 billion contract ballooned to RM6.75 billion by January 2007. The auditor also reported that the ministry had paid out Rm4.26 billion to PSC up to December 2006 although only Rm2.87 billion of work had been done, an overpayment of Rm1.39 billion, or 48 percent. In addition, Malaysia’s cabinet waived late penalties of Rm214 million. Between December 1999, according to the Auditor General, 14 “progress payments” amounting to Rm943 million despite the fact that the auditor general could find no payment vouchers or relevant documents dealing with the payments.

The auditor general attributed the failure to serious financial mismanagement and technical incompetence stemming from the fact that PSC had never built anything but trawlers or police boats before being given the contract. Once called “Malaysia’s Onassis” by former finance minister Daim Zainuddin, Amin Shah was in trouble almost from the start, according to a report in Singapore’s Business Times in 2005. The financial crisis of 1997-1998 meant he was desperate to find funds to shore up ancillary businesses, Business times reported.

According to the British group Campaign Against the Arms Trade, “Transparency International (UK) estimates that ‘the official arms trade (across the world) accounts for 50% of all corrupt international transactions’ and considers that ‘a conservative estimate of the level of commissions paid is 10 percent It needs stressing that this refers to the ‘official’ arms trade…Arms deals often involve huge sums of money and are always shrouded in secrecy. This combination renders them liable to corruption. Corrupt payments can generate a demand for weaponry where none should exist, potentially diverting resources from social needs, including health and development.”

It isn’t just the airplanes or the tanks or the ships themselves. A multi-engine plane, for instance, means that separate raiders can win contracts for different engines, different avionics, literally dozens of different items.

In the 1980s in particular, Malaysia became famous for two complete boondoggles, the first the purchase of British Alvis Scorpion tanks. Although the tank was supposed to be a lightly armed, fast-firing, lightly armored weapon, gun runners dealing with Malaysian military figures in managed to lumber the Scorpions by exchanging the recommended Rolls-Royce gasoline engines with slower diesel ones because the engine manufacturer managed got to the procurement team.

Another gun runner contracted to exchange the original recommended .75 millimeter gun for a .90 millimeter one so big that it had to be leveled each time a new shell was jacked into the chamber, meaning it was slow-firing. The gun was so heavy that the turret’s aluminum races had to be replaced with steel ones, making the vehicle so top-heavy that troops using it were afraid it would topple over. So instead of a fast-firing, lightly-armed and maneuverable weapon, the Malaysian army ended up with a tank that would only go about 60 km/hour instead of 90 and had to be stopped virtually every time it fired, which would have made it a sitting duck for an enemy, had there been one in the first place.

Likewise, Malaysian specifications required a wheeled armored car that could be loaded into an airplane and flown to East Malaysia in case of trouble with Indonesia or Singapore. But the contract for South African Sibmas wheeled 6×67 armored personnel carriers, armed with 90mm Cockerill guns, came up with a vehicle so big that the tires had to be deflated before it could be loaded into an airplane.

When local newspapers reported on the vehicles’ lack of military effectiveness, they were threatened with prosecution under Malaysia’s Official Secrets Act and the scandal was shelved.

But, said a foreign defense attaché privately at the time, “I hope to god Malaysia never gets into a war. They couldn’t get out of their own footprints.”

Source: Asia Sentinel

Read:

Defense Ministry bought MYR 6.75 billion of defective, non-delivered patrol boats

Posted in BN government, jijik, najib | 17 Comments »

Malaysia’s judiciary embarassed again

Posted by omong on September 26, 2007

In the conversation, made public Wednesday by Opposition Leader Anwar Ibrahim of Parti Keadilan, lawyer V K Lingam makes it clear that Mahathir Mohamad, then the prime minister, was closely involved in the appointment of senior judges, along with some of Mahathir’s closest cronies, particularly gaming tycoon Vincent Tan.

Ahmad Fairuz Sheikh Abdul Halim, then the third-ranking judicial official and in charge of the senior judges in Peninsular Malaysia, was later elevated to become chief justice of the supreme court.

Concerning one appointment, Lingam is heard to say to Ahmad Fairuz: “Don’t worry. We organize this. If Tan Sri Vincent (Tan) and Tengku Adnan (Mansour, the minister of tourism and an UMNO heavyweight) want to meet you privately, they will, I will call you. We organize in a very private arrangement, in a very unusual place.”

The videoclip, recorded on a cellular telephone by someone Anwar said he wouldn’t name to protect him, was apparently made in 2002. Anwar carried it on his website.

The publication of the video has kicked off a firestorm in Malaysia. But although all of Malaysia’s major newspapers carried brief stories about the politically volatile videoclip, none named either Lingam or Ahmad Fairuz, preferring to deal largely in nonspecifics. For instance the New Straits Times, which is closely linked to the dominant United Malays National Organisation, for instance, said only that Anwar “alleged that a senior lawyer discussed with a top member of the judiciary, how to ‘fix the judgments of several cases.’” Malaysia’s other politically linked papers carried similarly brief stories.

Lingam himself was photographed with the then Chief Justice, Eusoffe Chin, on holiday in New Zealand “under circumstances that would give rise to the inference of a serious breach of professional conduct on part of the lawyer and even more serious implications of unethical conduct on the part of the Chief Justice,” Anwar charged.

The independence of the court was severely undermined in 1988 when Mahathir sacked the country’s Lord President, Tun Salleh Abbas, and two Supreme Court judges and ended its autonomy from the government. The system largely remained under Mahathir’s thumb until he left power. Some months ago, however, the Conference of Rulers, made up of the country’s nine sultans, stunned Prime Minister Badawi by refusing to ratify his candidate to become chief judge. The position has remained vacant for several months.

Several recent cases, particularly the trial of three defendants for the brutal murder of Mongolian translator Altantuya Shaariibuu, have underscored the court’s problems. The three defendants are Abdul Razak Baginda, a close friend of Deputy Prime Minister Najib Razak, and two of his bodyguard detail. Two top prosecutors, Yusof Zainal Abiden, the head of the prosecution division, and Sallehuddin Saidin, the deputy prosecutor and head of the classified cases unit, are said to have threatened resignation over the case.

In addition, tycoon Eric Chia, a close friend of Mahathir’s, was abruptly acquitted recently of criminal breach of trust involving RM76.4 million of allegedly dishonestly disposed funds from the scandal-tainted Perwaja Steel Corp. 

Source: Asia Sentinel

Reference:

 Video and transcript.

Rot and More Rot in Malaysia’s Judicial System

Posted in [s]lawyer video clip, jijik | 2 Comments »

Selangor wanted government to purchase land for Port Klang Free Zone

Posted by omong on September 26, 2007

The Public Accounts Committee (PAC) wants to know why the Attorney-General’s Chambers asked the Government to acquire land for the Port Klang Free Zone (PKFZ). 

PAC chairman Datuk Shahrir Abdul Samad said after briefing on the project at the Parliament building yesterday that they also wanted to find out why the Port Klang Authority bought the land from the Selangor Government instead. 

“The Selangor Government’s view at the time that the land should be purchased and not acquired also made a difference in the land value. 

 

Source: The Star

Read:

Port Klang Free Zone scandal

Selangor under Khir Toyo – a sad state of affairs

Posted in [s]Port Klang Free Zone | Leave a Comment »