Datuk Adam Rosly amassed so much wealth under scrutiny by corruption agency


Anti-graft investigators looking into the case of Ampang PKR Youth chief Datuk Adam Rosly’s “unusual” wealth are trying to determine how the 29-year-old amassed a substantial amount of cash and property at his age.

Officers who went to Adam’s house, dubbed by many as “Disneyland castle” in Ampang, seized five cars – a Mini Cooper, a BMW 5 Series, a Mercedes C200, an Audi A6 and a Toyota Vellfire.

Eight accounts under Adam and his wife’s name, with money amounting to RM212,461.41, were frozen.

Adam, who was detained after his statement was recorded at the MACC headquarters on Thurs

day, has been remanded for five days to allow the commission to investigate him.

He arrived at the court complex at 9.30am yesterday, clad in the MACC orange lock-up attire and smiled to the waiting cameramen.

Lawyers Nik Zarith Nik Moustapha and Asyraf Othman, as well as his mother, wife, baby daughter and a group of friends were waiting for him in the courtroom.

Magistrate Nik Isfahanie Tasnim Wan Ab Rahman granted prosecutors’ request for him to be remanded until April 18.

The MACC is investigating the case under the Anti-Money Laun­dering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act.

Adam’s wealth came to the public’s attention after his political opponents questioned how he was able to afford his castle-style bungalow which they claimed cost RM7mil.

The special officer to Ampang MP Zuraida Kamaruddin, however, said he bought the house for RM1mil at an auction.

He also claimed that his money came from business ventures and family inheritance.

A source said the big question was whether Adam was actually involved in “proper” business ventures that brought him that much profit.

“Does he really have a business, did he really inherit a substantial amount of money or did he obtain it from ‘brokering’ or some kind of borrowings. We are sure there are ways for MACC to get to the bottom of this,” said the source.

MACC deputy chief commissioner Datuk Azam Baki said officers were still investigating the case.

“They are still finding more evidence and going through documents.

“Let them probe and we will see what comes out of it,” he added.

Source: The Star/ANN

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Police must act swiftly


Several recent crime cases have shaken Malaysians quite a bit. We leave it to our police force to provide answers to this madness.

RECENTLY, several widely reported crime cases, which many Malaysians are following, have really shaken us.

Yes, Malaysians complain a lot, and rightly so, about the never-ending burglaries and snatch theft cases in our neighbourhood and streets but these are merely incidents involving petty criminals.

Yes, we lose money and sometimes, there are fatalities involved but most are non-brutal and the motives are established quickly. I am not even talking about the high profile assassination of Kim Jong-nam, the exiled half-brother of North Korean dictator Jong-un, at the KLIA2 which has grabbed the world’s attention.

The police have been swift – two women who committed the crime were arrested and other suspects were taken in while more North Korean suspects have been identified.

There has been plenty of noise from the North Korean embassy but the case is being wrapped up, with fresh leads being revealed to the public daily.

But what has disturbed me most is the disappearance of Pastor Raymond Koh Keng Joo, who is well-known among the Christian community in Malaysia.

It has been reported that on Feb 13, occupants of a van stopped the pastor’s car, a silver Honda Accord, along Jalan Bahagia, Petaling Jaya, and abducted him.

(Left) Koh: Abducted in broad daylight. (Right) Sameera: Brutally murdered.

 

He had earlier left his Prima Sixteen Chapter Two home in Jalan 16/18, Petaling Jaya, at about 10am to go to the Puncak Damansara Condominium in Kampung Sg Kayu Ara, not far away. Koh’s family said the 62-year-old was en route to a friend’s home.

So far, there has been no ransom demanded or motive identified. We still don’t know the reason for the kidnapping.

A CCTV footage, currently with the police, purportedly showed the abduction taking place on a busy road.

It is believed that the pastor’s abduction involved several vehicles. It was professionally and very swiftly executed.

The case is under the personal attention of Inspector-General of Police Tan Sri Khalid Abu Bakar, who announced that a special task force has been formed to investigate the case, saying police had recorded statements from eight witnesses but admitted that there had been little information to go on.

The team is led by Selangor Criminal Investigations Department chief Senior Assistant Commissioner Fadzil Ahmat.

The case is most baffling. Ours is not a South American or Middle Eastern country where people get abducted from busy streets.

The abductors appeared to be very organised, almost professional-like, in carrying out their task. One of them even diverted traffic while others grabbed Koh.

The fact that they have not demanded any ransom shows that they are not ordinary kidnappers looking for money.

The only possible answer is that some persons (or group) are not happy with the way he is handling his work. Koh’s colleagues have revealed that a bullet was sent to the pastor six years ago after the Selangor Islamic Religious Department (Jais) conducted a raid on a thanksgiving and fund-raising dinner organised at a church in Petaling Jaya, where he was accused of proselytising to Muslims.

Religious leaders of any faith must be mindful that attempting to convert anyone is really crossing the line. The majority of Muslims will not tolerate any attempt of proselytising, even in the most subtle form, and leaders of other faiths must understand and accept the sensitivity and reality of the situation.

However, any grievances or complaints relating to religion, a sensitive issue, should be directed to the religious authorities and police. In this case, the pastor was snatched away with no obvious clues, and no claims have been made.

This is distressing, and his wife has understandably sought counselling in Singapore as the family agonises over the unexplained incident.

In the absence of any information, this has led to speculation and it is unhealthy for Malaysia as we take pride in our religious diversity and tolerance in resolving conflicts.

The other widely talked about case involved transgender Sameera Krishnan, who was brutally murdered on Thursday. She was shot, had four fingers severed and suffered head injuries.

The cruelty inflicted on her was horrifying and something Malaysians just cannot imagine. Interestingly, Sameera was the main witness in her own kidnapping case two years ago and the trial has been set to begin early next month.

In 2015, she was rescued by police after she was abducted from her home in Klang, and repeatedly sodomised.

Enough. Malaysians must stand up and demand for justice. While Malaysia does not condone LGBT (lesbians, gays, bisexual, and transgender), this does not mean Sameera’s life is worth any less than ours. It doesn’t matter whether we refer to Sameera as him or her.

The fact is this – she was murdered and sexually violated. Her pride and dignity were snatched away from her and despite the prejudices of many Malaysians, this should not, in any way, diminish the diligence and commitment needed to solve the crime.

Her perpetrators must be brought to justice and if we have any conscience at all, we should all be furious. It will be abnormal to be indifferent about this. Sameera deserves justice, just like anyone else.

I believe that Malaysia is a country where minorities are protected. There are laws in our country and they are upheld.

The police have been professional, and I believe and respect our police force. They take every bit of information seriously and in my regular dealings with them, I have developed even more respect for them. They trudge on diligently despite their impossibly heavy work load.

I hope they will bring some sense and provide us answers to the madness and along the way, some reassurances to the public.

On The Beat By Wong Chun Wai The Star

Wong Chun Wai began his career as a journalist in Penang, and has served The Star for over 27 years in various capacities and roles. He is now the group’s managing director/chief executive officer and formerly the group chief editor.

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Penang CM corruption case, Court to rule on motion anti-corruption act ‘unconstitutional’


In this file photo taken on 30 June 2016, Penang Chief Minister Lim Guan Eng and business woman Phang Li Khoon was seen in Penang Sessions Court. Lim was charged with two counts of corruption. The High Court here today fixed March 7 to unveil its decision on a motion filed by two accused parties in the corruption case of Chief Minister Lim Guan Eng, who are seeking a declaration that Section 62 of the Malaysian Anti-Corruption Act is unconstitutional. Pix by Danial Saad
Men of law: DPP Masri (right) leading the prosecution team out of the courtroom after the day’s proceedings.

Court to rule on ‘violation’ motion ahead of CM corruption trial

GEORGE TOWN: The High Court here will rule on March 7 whether Section 62 of the Malaysian Anti-Corruption Commission Act 2009 is in violation of the Federal Constitution.

Chief Minister Lim Guan Eng and businesswoman Phang Li Khoon want Section 62 to be declared unconstitutional as they claim it is against the tenet of “considered innocent unless proven guilty.”

Penang High Court judge Datuk Hadhariah Syed Ismail set the date after the defence and prosecution made their arguments.

Lim and Phang are facing charges under the MACC Act in relation to the sale and purchase of a bungalow in 2014 and separately filed the motion to declare Section 62 a violation of the Federal Constitution in early January.

Phang’s counsel Datuk V. Sithambaram said Section 62 must be struck down as “it is contrary to a right to fair trial and is in violation of the fundamental rights of the accused.”

He argued that the section infringes the accused’s constitutional right under Article 5(1) and Article 8(1) of the Federal Constitution.

“Section 62 of the MACC Act requires the defence’s statement and documents, which would be tendered as evidence, to be delivered to the prosecution before the start of trial.

“However, the right of an accused to be presumed innocent and right to silence are encapsulated in the Federal Constitution.

“Article 5(1) declares that no person shall be deprived of life or liberty save in accordance with law and Article 8(1) dictates that all persons are equal before the law and entitled to the equal protection of the law.

“The court has not called for defence and yet the prosecution is asking for the statement of defence, even before the court decides. This is against the presumption of innocence,” he told the court yesterday.

Gobind Singh, acting for Lim, said the provision favours the prosecution and discriminates against the rights of the accused.

He argued that Section 62 restricted the defence of the accused person by excluding the right of an accused to expand his defence further and produce further documents at the trial.

“It is against the provisions of equality under Article 8 of the Federal Constitution.

He also said the accused could be subjected to criminal consequences under Section 68 of the MACC Act for failing to comply with the Act’s provisions and be penalised under Section 69 of the MACC Act.

DPP Masri Mohd Daud said Section 62 of the MACC Act is not discriminatory and is procedural and a general provision.

“The Act does not stop the defence from making further submissions other than those which had been submitted,” said Masry.

“The arguments that Section 62 contradicts Article 5 of the Con-stitution is far-fetched! Article 5 refers to, among others, the rights to consult a lawyer and the rights to be informed of the grounds for an arrest.”

On June 30, last year, Lim was charged with obtaining gratification for himself and his wife Betty Chew by approving the conversion of two lots of agricultural land belonging to Magnificent Emblem into residential development while chairing a state Planning Committee meeting on July 18, 2014.

The offence under Section 23 of the Malaysian Anti-Corruption Commission Act, carries a jail term of up to 20 years and a fine of at least five times the value of gratification or RM10,000, whichever is higher.

He faces another charge under Section 165 of the Penal Code for using his position to obtain gratification by purchasing his bungalow in Pinhorn Road from Phang at RM2.8mil, below the market value of RM4.27mil, on July 28, 2015. The offence is punishable by a maximum of two years in jail or a fine, or both.

Phang, who is charged with abetment, faces up to two years in jail or a fine, or both.

Both Lim and Phang have pleaded not guilty. Their cases will be jointly heard between March and July.

Phang is respresented by Sithambaram, Hisyam Teh Poh Teik and A. Ruebankumar, while Lim by Gobind, Ramkarpal Singh Deo, R.S.N Rayer and Terence Naidu.

By Chong Kah Yuan The Star/Asia News Network

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Fighting corruption a decade later, Wars on graft widens


“Power doesn’t corrupt people, people corrupt power.”
William Gaddis

THE beginning of the year is as good a time as any to reflect upon the direction the country is heading towards.

Ten years ago, Malaysians were just beginning to appreciate the opening up of public space. Then prime minister Tun Abdullah Ahmad Badawi, or more familiarly known as Pak Lah, had taken over in 2003, and then won a landslide victory for the ruling Barisan Nasional in 2004, riding on a wave of public confidence in his commitment to reforming a government that had lost a whopping 14 parliamentary seats in the previous 1999 general election.

What was most distinct about his administration was his promise to clamp down on corruption and therefore empowering the anti-corruption agencies. Related to this was the general change in the sociopolitical air – civil society felt freer and more able to organise public seminars related to various issues previously deemed sensitive.

More significantly, the Malaysian Anti-Corruption Commission (MACC) was established in 2004, an upgraded version of the previously known Anti-Corruption Agency (ACA), with the idea of being a regional hub for anti-corruption capacity and capability building to “fight corruption by promoting best practices in investigation, monitoring and enforcement …”

Modelled after Hong Kong’s Independent Commission Against Corruption (ICAC), it was meant to be a more robust agency now given greater teeth to fight graft in the country.

The MACC did go through significant challenges, chief of which was the incident in 2006 during which political aide Teoh Beng Hock was found to have fallen to his death at the MACC Selangor headquarters in Shah Alam. Embroiled in controversy, the investigations and court cases eventually concluded that it was, in fact, a homicide that took place. Although the police did not eventually find the perpetrator, the MACC as an institution did take measures to improve itself after admitting there were flaws in its system.

One of the reform measures was to set up five independent committees, namely the Anti-Corruption Advisory Board, the Special Committee on Corruption, the Complaints Committee, the Operations Evaluation Panel, and the Consultation and Corruption Prevention Panel. These committees would be tasked to provide oversight to the operations and investigation processes of the MACC, and many individuals of good public standing were appointed to fill these positions subsequently, although these mechanisms did not sufficiently boost public confidence.

Over the last year, the MACC has been in the spotlight for numerous reasons, having investigated 1MDB and other cases related to it, but then later raided by the police for reportedly having leaked documents.

Has the anti-corruption commission that was initially promised to be reformed and strengthened all those years ago instead been eroded and weakened?

The MACC in fact ought to be an independent institution given the resources to fight corruption. But the 2017 budget saw a laundry list of financial cuts, including in investigation and surveillance, law and prosecution, prevention, administrative and forensic services, as well as record and information management, and community education. How is it possible for the MACC to continue functioning with the same expectations but with a much lower budget?

One of the core reforms that some of us in civil society have called for in recent years is an independent MACC that reports to Parliament and has greater autonomy both financially and in hiring and firing its own staff.

The MACC currently reports to the Prime Minister’s Department, which surely is a source of potential conflict of interest. Having a truly independent MACC would allow it to truly exercise its duties in an unbiased fashion without fear or favour.

The new MACC Chief Commissioner, Datuk Dzulkifli Ahmad, recently announced that he wants to combat corruption and abuse of power, saying that “for those who are still intoxicated by bribery, please listen to this warning: stop the corruption and power abuse, and surrender yourself!” In the same speech, he also urged Malaysians to support the agency in its mission. The MACC’s recent action in the Sabah Water Department corruption case is a good sign that it is taking steps in that direction.

However, the MACC simply cannot carry out this task alone. The experiences over the last decade would surely have taught the administration some lessons: that apart from the government it serves, positive public perception is crucial to achieving its goals. Working with, instead of against, the community that it tries to educate is crucial if it wants to seriously fight corruption all round.

This is where independent civil society organisations can in fact come in to support the MACC in its efforts to fight corruption. Other expert bodies like accountants and lawyers can also support MACC’s work as many investigations involve technical and forensic accounting matters. However, the MACC must also demonstrate its willingness to have frank discussions and dialogue with civil society.

The MACC has seen tremendous transformations over the last decade and more, but fighting corruption seems to be even more challenging than ever. It is hoped that it is in these trying times partnerships and collaborations can be forged; all those in favour of fighting corruption – and this must be a priority this year – should surely come together.

– Tricia Yeoh letters@thesundaily.com

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Wars on graft widens

Four officers nabbed for pocketing fees after altering passport applications

The tentacles in the war against graft are spreading wide. Four Immigration officers who listed normal people as disabled, pocketing the RM200 application fee in the process, have been nabbed; a senior official from the Malacca Historic City Council is under probe; policemen who took bribes have been charged; and the Inland Revenue Board has also joined the fray, striking up a partnership with the Malaysian Anti-Corruption Commission. PETALING JAYA: Four Selangor Immigration officers were entrusted to receive and process applications for international passports.

Nabbed: Malaysian Anti-Corruption Commission officers escorting four Immigration officers out from the Shah Alam magistrate’s court after they were remanded for six days.

Having access to the applicant database, they did much more than their job scope.

The quartet would pocket the RM200 international passport application fee received over the counter by “converting” the paid applications to that submitted by OKU (disabled) persons, who are entitled to free passports.

The officers had been pocketing large sums this way since 2014, with about RM1mil siphoned off.

An internal audit exposed the ruse recently.

The Malaysian Anti-Corruption Commission (MACC) raided the Selangor Immigration Department office in Shah Alam at 3.30pm on Monday and detained the four officers, two of them women.

The four suspects were brought to the Shah Alam magistrate’s court to be remanded for six days.

The investigation is under Section 18 of the MACC Act 2009 which involves submission of false claims with intention to deceive.

MACC deputy chief commissioner (operations) Datuk Azam Baki confirmed the arrests, describing the case as “very serious and warranting a very thorough probe.”

“We do not rule out the possibility that such fraud may also be occurring in other Immigration offices all over the country.

“This is not an isolated case and must be addressed,” he said.

An MACC official said the suspects were believed to be involved in the submission of payment vouchers with falsified information.

“The record is altered to show that the applicant is an OKU when he or she is not,’’ the official added.

Immigration director-general Datuk Seri Mustafar Ali said full cooperation had been extended to MACC, and had shared the outcome of its internal audit. – The Star

Four immigration officers held for allegedly pocketing RM1m for falsifying passports

PETALING JAYA: Four Immigration Department front-line officers who are believed to have siphoned as much as RM1 million from the department have been detained by the Malaysian Anti-Corruption Commission (MACC).

The suspects, aged between 31 and 39, include two female officers. They were arrested at the Selangor Immigration Department at 3.30pm on Monday and have been remanded for six days beginning today.

MACC sources said the officers took advantage of a fee waiver for people with disabilities (OKU) by fraudulently classifying normal applicants as OKU and pocketing the RM200 fee on each transaction.

Investigators learnt the suspects have been involved in the racket since 2014 and were only recently exposed after the Immigration Department conducted an internal audit.

The audit team became suspicious when it found a high number of passports issued to OKUs, and initiated a probe.

So far, the status of at least 100 normal passport holders have been found falsely classified as those belonging to OKU, and this is believed to be just the tip of the iceberg, and that there were some 5,000 more cases.

MACC investigators are probing assets amassed by the detained officers and believe such activities may also be prevalent at other passport issuing immigration offices nationwide.

MACC deputy chief commissioner (operations) Datuk Azam Baki said today that an indepth probe on the case is ongoing.

“This cannot be taken lightly as it has caused losses in government revenue. Moreover, it breaches the special privileges accorded to the disabled by the government,” he said.

MACC chief commissioner Datuk Dzulkifli Ahmad said the agency will use every law in existence to prosecute those involved in graft to make it clear that crime does not pay.

“Let me issue a warning … we will not only pursue prosecution under the MACC Act, but also use the Anti-Money-Laundering Act and the Income Tax Act,” Dzulkifli said in a speech at the Inland Revenue Board (IRB) today after witnessing the signing of a corruption-free pledge by IRB – the first government agency to do so after signing the Corporate Integrity Pledge in 2013.

“I urge you to stop immediately or face the consequences,” said Dzulkifli, adding that even if MACC cannot prosecute a corrupt individual, he or she would not be able to escape the IRB.

– Charles Ramendran and Lee Choon Fai Newsdesk@thesundaily.com

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Four policemen charged with corruption

(From top left) A combo picture of policemen Mohd Zulkifly Mat Nor, 28, Jeffry Abdullah, 35, Zainoor Ariffin Rosli, 24 and Muhammad Farid Nordin, 28 when they were brought to George Town Session Court by Malaysian Anti Corruption Commission (MACC) to face corruption charges under Section 17 of the MACC Act.

GEORGE TOWN: Four policemen were charged in the Sessions Court here today with corruption.

Corporal Jefry Abdullah, 35, from the Narcotics Department of the Northeast district police headquarters pleaded not guilty before Sessions Court Judge Roslan Hamid.

He is accused of trying to obtain RM1,000 for himself from Nor Esmawati Baharom as inducement not to take action against the latter’s brother in-law, Norhamni Haron by swapping a positive urine sample during a urine test at the district police headquarters.

He was alleged to have committed the offense at the Narcotics Department office of the Northeast district police headquarters about 4.40pm on Mac 1 last year.

Jefry was charged under Section 17(a) of the Malaysian Anti-Corruption Commission Act 2009 which carries a maximum 20-year prison sentence and fine not less than five times the bribe amount or RM10,000, whichever is higher.

The court fixed bail at RM8,000 with one surety.

In a separate charge, three policemen from the Datuk Keramat police station also claimed trial over a corruption charge.

Muhammad Farid Nordin, 28, Mohd Zulkifly Mat Nor, 28, and Zainoor Ariffin Rosli, 24, with another person still at large were charged with trying to obtain RM10,000 for themselves as an inducement not to take action against Norhamni Haron for possessing ganja.

They were alleged to have committed the offence at the Datuk Keramat police station on Mac 1, last year about 11.45am.

The trio were also charged under Section 17(a) of the MACC Act 2009.

MACC Deputy Public Prosecutor (DPP) Ahmad Ghazali Mohd Nazri suggested bail of RM10,000 with one surety for each of the accused considering the seriousness of the case.

Roslan fixed bail at RM8,000 with one surety for each of them and set Feb 17 for mention.

V. Partiban represented all of the accused.

MACC DPP Amin Yaacub also appeared for the prosecution.

– Imran Hilmy newsdesk@thesundaily.com
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Hopelessness among public after rampant fraud & corruption cases, says Auditor-General


RM2bil recovered from audits

The Government seldom receives dividends and whenever loans are given to these GLCs, they keep piling up’, says Tan Sri Ambrin Buang

KUANTAN: Government agencies have recovered an estimated RM2bil in follow-up actions after the recent audits, said Auditor-General Tan Sri Ambrin Buang.

Ambrin said this was just based on a small sample size of agencies audited, so cases of misappropriated funds could have been a lot larger.

“If there had not been audits, the RM2bil would have been lost. People always ask me the extent of leakages in this country but I do not know because we only carry out audits on a limited sample size.

“For example, we did an audit on security in schools. The sample size is only 46 schools out of some 10,000 schools nationwide.

“Within that sample, there are already all kinds of weaknesses and leakages so imagine how widespread it is,” Ambrin said at an integrity talk programme here yesterday.

He said there was a feeling of hopelessness among the public when they kept reading about cases of fraud and corruption in the Auditor-General’s reports.

“There was a case where a 300m to 400m road construction contract was given to four contractors.

“Then there’s that incident at the Youth and Sports Ministry and that one at the Sabah Water Department.

“People are questioning how these things can happen and what kind of country we are living in where corruption like this can take place.

“Almost every day there are reports of government officials getting caught for corruption.

“I can’t deny there are officials with integrity but a few rotten apples destroy everything,” he said.

He also spoke about government-linked companies (GLCs) that were draining the Government’s resources without giving anything back in return.

“GLCs get all sorts of aid like projects, grants and financial assistance but what does the Government get out of it?

“The Government seldom receives dividends and whenever loans are given to these GLCs, they keep piling up.

“These GLCs burden the Government, so we must examine the cause. Those with experience should run a company but look at who are on the board of directors.

“I am sorry to say government officials cannot succeed in business because they have a different mindset,” he said.

Ambrin added that management could not be left as the dominant force without the supervision of the board of directors, but this would not be effective if the directors themselves did not contribute anything.

In his conclusion, Ambrin proposed that excellent work be made a culture in government service to repair the damaged public perception.

To achieve it, he said four aspects had to be looked into, which were attitude, skills, knowledge and integrity.

“Continuous improvement is humanly possible to achieve. The question is whether we want to improve or not,” he said.

By Ong Han Sean The Star/Asian News Network

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Settle Batang Kali massacre case, Britain told by the European Court of Human rights



International court orders amicable resolution over 1948 Batang Kali killings 

KUALA LUMPUR: The British government has been ordered by the European Court of Human Rights (ECHR) to seek an amicable settlement over the Batang Kali massacre, in which its soldiers killed 24 innocent villagers on Dec 11 and 12, 1948.

Civilians lie dead in Batang Kali, in 1948

 

It was also told to submit a written explanation on the merits of the massacre and state its position for a friendly settlement by Feb 7, said MCA vice-president Datuk Dr Hou Kok Chung.

The ECHR made the order recently after conducting a preliminary examination of the complaint filed by the victims’ families that London had violated Article 2 of the Euro­pean Convention on Human Rights, which protects the right to life, by endorsing the massacre.

Britain has been a signatory to the European Convention since 1953, when Malaya was still its colony and its residents were considered subjects under British rule.

“The descendants of the victims have for years asked the British government for an apology, compensation and construction of a memorial, but all these have been ignored.

“So, they turned to the European Court. We hope the British government and the families can reach an out-of-court settlement,” said Hou yesterday at a press conference attended by the victims’ families and their lawyer Quek Ngee Meng.

Hou said the massacre, in which British courts had held their government responsible for the killings and ruled that the victims were not linked to communist insurgents, was “an issue too big to be ignored”.

“Though many years have passed, justice must be done and the inhumane killings must be recorded. There is a need for governments to learn from history. Let history educate people.

“During the Emergency in 1948, a lot of Chinese suffered and lived in fear,” said Hou.

The British declared emergency rule on June 18, 1948, after three estate managers were murdered in Perak by the Malayan Communist Party (MCP), an outgrowth of the anti-Japanese guerrilla movement which later turned anti-colonial.

During the 1948-60 emergency rule, Chinese were rounded up into “new villages” as they were suspected of being sympathetic to MCP.

On Dec 11, 1948, British troops entered the plantation village of Batang Kali, Selangor, and questioned the rubber tappers about the MCP but to no avail.

The next day, they loaded the women and children on a military truck and shot dead 23 men, after killing one the day before.

This massacre was claimed by the British as the “biggest success” since the emergency began, and its official parliamentary record in 1949 described the killings as “justified”.

But in 1970, the episode was given a twist when several soldiers involved in the operation told British media of their guilt over shooting innocent civilians.

In July 1993, survivors of the massacre petitioned for justice after the British Broadcasting Corporation did an independent documentary on the saga.

The survivors took their battle to the British government and later to the British courts with the help of international human rights groups.

Now their descendants are continuing the struggle for justice, this time with the help of MCA.

By Ho Wah Foon The Star/ANN

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Revealed: how Britain tried to legitimise Batang Kali massacre (guardian.co.uk)

Structural defects to blame, stop history repeating itself !


Sniffing out signs of life: The K-9 unit of the City Fire and Rescue operations looking for possible victims at the site of the bridge collapse near Kampung Haji Abdullah Hukum in Kuala Lumpur.

KUALA LUMPUR: Structural failure possibly caused the collapse of an under-construction pedestrian bridge at KL Eco City near Kampung Haji Abdullah Hukum here.

Department of Occupational Safety and Health (DOSH) director-general Datuk Mohtar Musri said the initial investigation suggested that a defective structure could have led to the disaster on Wednesday.

He said the department would refer to the Construction Industry Development Board (CIDB) and Kuala Lumpur City Hall regarding the quality of materials used in the construction of the bridge.

Works Minister Datuk Seri Fadillah Yusof said a task force has been set up to probe the incident.

He said the result of the investigation was expected to be made public in a month, and that tough action could be taken against the developer if it was found to have flouted safety regulations.

“We can bring them to court, not just under DOSH but CIDB too. Under the CIDB Malaysia Act 1994, they can face a RM500,000 fine or a two-year jail sentence,” he said.

The RM7mil pedestrian bridge linking the planned KL Eco City project to the Gardens Shopping Mall in Mid Valley, which was still under construction, collapsed and killed one worker and injured five others on Wednesday.

The search-and-rescue operation at the site of the incident was halted after it was confirmed that there was no worker trapped underneath the mangled brick-and-iron structure.

City Fire and Rescue Department deputy operations chief Ruhisha Haris said K-9 teams had confirmed that there were no signs of a body.

However, the mystery of the missing construction worker remains.

“We first received information that a worker might have been trapped because a colleague saw him under the bridge minutes before it collapsed.

“A head count by the developer also revealed a missing worker, but they were unable to give us a name,” he said.

The dead victim has been identified as Tran Xuan Vang, 21, from Vietnam. Two other Vietnamese, Tran Van Hai and Luong Van Guyet, as well as Indonesian Nor Syamsi, Bangladeshi MD Jashim and Pakistan national Rais Aman Majid were injured and are currently being treated at Universiti Malaya Medical Centre.

Medical staff were forced to amputate Rais’ left leg on site to save his life.

In a statement issued on the day of the incident, SP Setia, the developer of the project, said it deeply regretted the incident and was working with the authorities in the investigation.

“The project team is still assessing the situation,” it said.

Work on the KL Eco City project – a mixed development comprising three residential towers, one serviced apartments tower, three corporate office towers, 12 boutique office blocks and one retail podium – started in 2011 and is scheduled to be fully completed by 2023.

Commenting on the incident, National Institute of Occupational Safety and Health chairman Tan Sri Lee Lam Thye said the time had come for players in the construction industry to practise their commitment to safety.

“All these accidents are preventable if the person in charge puts into practice good occupational and safety health measures and the site safety supervisor makes sure work is done properly,” he said.

By M. kumar and Nicholas Cheng The Star/Asian News Network

Stop history repeating itself

THE Consumers’ Association of Penang (CAP) is horrified with the news of the collapse of the incomplete pedestrian bridge meant to connect KL Eco City and Mid Valley Megamall in Bangsar, Kuala Lumpur.

Not even a month after a couple was crushed by a piling rig that fell on them at a construction site along Persiaran Astana, Klang, another tragic incident leading to serious injury and death has occurred.

If all the parties involved in the building industry – including the local councils, developers, contractors, architects, quantity surveyors, structural engineers, DOSH and all the others – had carried out their roles and functions efficiently, this could have been prevented.

Despite our repeated calls for the Government to conduct a full inquiry into the operations of the Department of Safety and Health (DOSH), it would seem like the relevant authorities are unable to comprehend the gravity of the situation.

When incidents like this happen, it becomes clear to us that DOSH and developers do not have their priorities right.

Instead of working on preventing such incidents, they wait until it happens before scrambling to take corrective measures to fix the problem.

The issue here is that there are no corrective measures that can be taken once a life is lost; that is not something that can be recovered.

Universiti Sains Malaysia’s (USM) Professor Datuk Dr Mahyuddin Ramli has been reported saying that incidents of this nature can happen when contractors do not comply with safety standards.

In this case, he said that concrete takes at least a week to dry and harden; the wet weather we have been experiencing means it will take even longer.

The USM professor also said that another way something like this can happen is if contractors do not use proper scaffolding during the construction process.

The distance between scaffolds and the size of the scaffolds used are very important as they will vary according to the structure they are meant to hold up.

DOSH’s director-general, Datuk Mohtar Musri, has stated that their initial investigation suggested that the incident happened because the structure was defective.

He said that they need to look into the quality of the materials that were used to construct the pedestrian bridge.

Whatever the cause, the relevant authorities and the public need to be aware that this is just history repeating itself.

If the incident did truly happen because of a structural defect, then it needs to be made clear that nobody can plead ignorance.

DOSH safety officers and onsite safety inspectors should have known about the structural defects if they did exist.

This begs the question of whether or not proper safety inspections were done at the appropriate stages by the relevant parties.

We ask that the results of the investigation into the latest incident be shared with the general public.

CAP would also like to know what happened to the findings from the investigation of previous incidents.

Why has this information not been shared with the public when their lives are also put in danger by the conduct of those at construction sites?

In view of this, CAP calls for penal action to be taken against all parties who have been involved in the project. They should all be held accountable even if they were not directly involved.

By S. M. MOHAMED IDRIS President Consumers Association of Penang

[PDF]The Law of Construction Defects and Failures

 Worker killed in bridge collapse tragedy

https://www.youtube-nocookie.com/embed/3QFRF_5oRAY

The Star Graphics:  http://clips.thestar.com.my.s3.amazonaws.com/Interactive/midvalley/midvalley.mp4

KUALA LUMPUR: A Vietnamese construction worker was killed and five others were injured when a 70m yet-to-be-completed bridge near Jalan Kampung Haji Abdullah Hukum and Mid Valley Megamall collapsed.

The victim was buried in the rubble of the collapsed pedestrian bridge.

As of press time, rescue workers were still searching for a Bangladeshi worker believed to be trapped in the rubble.

The authorities have since mobilised the K9 unit to locate him.

The firemen and paramedics were seen changing shift as the rescue mission continued into the night. Some were heard saying that locating the victim would be challenging.

However, all the rescuers were resolute in their attempt to find the last victim, never once giving up hope.

The five injured workers – two Vietnamese, two Bangladeshis and an Indonesian – were sent to the Universiti Malaya Medical Centre for treatment.

Brickfields OCPD Asst Comm Sharul Othman Mansor said the bridge was 80% completed when the incident occurred.

“We are still investigating the incident.

“We were alerted at about 4pm of the incident and quickly mobilised a search-and-rescue team,” he said at the scene.

Four roads were also affected by massive jams due to the incident.

According to Star Media Radio Traffic, the affected roads were the Federal Highway from the arch, the Kerinchi Link after the Pantai toll plaza, Kerinchi Intersection from Bangsar South or Pantai Medical Centre and Jalan Syed Putra from the Kuen Cheng School till the Robson Intersection.

While the main reason for the traffic congestion was due to certain road closures to make way for rescue workers, traffic was backed up near the mall due to many motorists slowing down to see the collapsed bridge.

Mall patrons, construction workers and curious onlookers were seen crowding the area near the bridge, where it was cordoned off for safety precautions.

By Farik Zolkepli, Jastin Ahmad Tarmizi, and Austin Camoens The Star/ANN

Related:  

 Developer to investigate

‘The ground shook and the bridge came crashing down’

Pedestrian bridge collapse: Long road to recovery for injured victims

Bridge collapse: SAR operations stopped, one worker still missing 

Govt may handle workplace safety

Fadillah: Independent monitoring likely

KUALA LUMPUR: The Government would like to take over the job of monitoring safety at construction sites away from developers following a string of deaths as a result of mishaps in the last three months.

Those duties, said Works Minister Datuk Seri Fadillah Yusof, may be entrusted to third party organisations that will be given autonomy in the planning, execution and supervision of workplace safety at construction sites.

Usually, these jobs are handled by contractors hired by the project developers but Fadillah said that this would mean the monitoring process was not independent.

Speaking at the launch of the Sustainable Construction Excellence Centre (Mampan), the minister said the suggestion for independent monitoring was brought up by the experts at the centre.

Mampan is headed by the Construction Research Institute of Malaysia (Cream), a subsidiary of the Government’s Construction Industry Development Board (CIDB).

Fadillah said the proposal to appoint third party safety monitors would be implemented first in Government construction projects.

He added that he hoped the private sector construction industry would do the same.

Currently, the Department of Occupational and Safety Hazard (DOSH) monitors government projects but it is reportedly too understaffed to keep track of every project.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players,” he told reporters after the launch.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players. Datuk Seri Fadillah Yusof

He said that Mampan would be a key organisation under the Government’s environmental sustainability initiative for its Construction Industry Transformation Programme.

The centre will undertake research with Universiti Teknologi Malaysia, Universiti Kebangsaan Malaysia, Universiti Sains Malaysia and the Rehda Institute to instil better industry practices, certification and awareness in the construction industry.

“We don’t want to build bridges that have no resilience and collapse when there is a flood.

“Our short-term goal is to position Malaysia as a regional leader in sustainability in construction and to raise the perception of sustainability in construction here,” he said.

Fadillah witnessed the signing of a Memorandum of Understanding between Cream chairman Tan Sri Dr Ahmad Tajuddin Ali and academics from the four universities and research institutes which will be a part of the new centre.

By NICHOLAS CHENG The Star/ANN

Related:

Rehda: Not feasible to have third party monitor construction sites now …

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