omong

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

Archive for September 26th, 2007

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 »

Najib announces panel. Purpose:to review whether video clip is authentic

Posted by omong on September 26, 2007

A three-man special independent panel headed by a retired top judge has been formed to investigate and determine the authenticity of a video clip showing a senior lawyer purportedly brokering the appointment of judges. 

The panel’s terms of reference include holding a full inquiry, analysing the evidence and making the necessary conclusion. 

The panel comprises former Chief Judge of Malaya Tan Sri Haidar Mohd Noor as chairman, National Service Council chairman Tan Sri Lee Lam Thye and former Court of Appeal judge Datuk Mahadev Shankar. 

Deputy Prime Minister Datuk Seri Najib Tun Razak, who announced the formation of the panel yesterday, said the findings would be submitted to the Government and made public. 

“The Government decided to set up the panel in view of speculation and allegations related to the video clip that could affect the credibility and integrity of the judiciary,” he said at a press conference. 

“The panel will also work closely with the Anti-Corruption Agency and police (the two law enforcement agencies also investigating the case) to determine the authenticity of the video clip,” he added. 

 

Source: The Star

 

Read:

Parti Keadilan Rakyat releases video of lawyer brokering appointment of judges

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

Politician who did not pay excise duty says he forgot to pay

Posted by omong on September 26, 2007

“Oops, I forgot.” 

This is the excuse given by one of the prominent politicians who have flouted Customs regulations by using a duty-free Nissan van on the mainland without paying duties. 

“A Customs officer did remind me sometime this year to settle the duty by end of this year but I forgot. Thank you for reminding me,” said the politician when contacted yesterday. 

Another prominent politician who was implicated said he had submitted a letter to the Customs director-general stating his intention of paying duty and keeping the duty-free Harley Davidson. 

Source: The Star

 

Read:

2 prominent politicians did not pay excise duties

Posted in BN government, jijik | Leave a Comment »

2 prominent politicians did not pay excise duties

Posted by omong on September 26, 2007

Two prominent politicians are among several VVIPs being tracked by the Customs Department for taking luxury vehicles out of the duty-free island without paying excise duties.

They are among the 79 people who have breached Clause 21 (1) of the Customs Duty Order (Exemption) 1988 by keeping the vehicles away from the island for more than a month in a year. 

Customs are seeking the help of the police and the Road Transport Department (JPJ) to help track down the vehicles including BMW, Mercedes Benz, Toyota and high-end motorcycles. The other cars include Proton and Hyundai. 

Before tax, the prices of various models of Mercedes Benz range from RM62,193 to RM466,110. For BMWs, a 325i costs RM200,000 while a 318 costs RM103,000. 

When the vehicles are taken out of Langkawi, import duty and excise and sales tax amounting to between 150.25% and 193.15% would be charged depending on the capacity of the car. 

 

Source: The Star

Read:

These other prominent politicians in the news:

Zakaria Deros

Forged APs

Law-breakers can become councillors

Zakaria and his Umno division did not settle assessment arrears

Posted in BN government, jijik | 2 Comments »