Angry & frustrated investors lodged report, tell off staffs trying to buy time!


Angry investors who lodged a police report at the Pekan Kinrara station. Waiting for answers:

His first investment scheme failed with losses estimated at between RM400mil and RM1.7bil but JJPTR founder Johnson Lee has brazenly come up with a new one offering even higher returns of 35% a month and with a car, motorcycles and smartphones thrown in as lucky draw prizes. Many of his investors still have faith in him but those in another scheme, Change Your Life, are in a quandary. They now have to choose between getting lower returns or changing to ‘life points’ – and waiting.

Show me the money: Investors making enquiries at Icon City in Bukit Tengah, Bukit Mertajam. The money scam issue has got many who have parted with their savings feeling anxious

 

JJPTR offers ‘better’ plan

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http://www.thestar.com.my/news/nation/2017/05/03/jjptr-offers-better-plan-founder-promises-higher-returns-but-stays-mum-on-refunds/

After the spectacular collapse of his previous financial scheme, purportedly because of a hacked account, controversial scheme operator Johnson Lee has rolled out a new plan, claiming to offer even better returns.

While JJPTR’s earlier scheme – which ended with RM500mil missing from the company’s account – offered returns of 20% a month, this new one offers 35%.

On top of that, it offers special lucky draws with a new car, motorcycles and smartphones as prizes.

What the company did not say in the shining glossary of the new plan is how Lee plans to address the US$400mil (RM1.73bil) losses he claims the company has incurred.

The new scheme also does not explain how he plans to repay those who lost their money to the earlier scheme.

The one-and-a-half minute video Lee uploaded shows that the new plan is based on a “split mechanism” and has three rounds.

The initial investment in US dollars is “split” or doubled in each round. Half of it is re-invested in the scheme and rolls over to the next round.

Each round lasts 10 days and investors are allowed to convert their earnings back to ringgit after three rounds.

Anyone who invests US$1,000 (RM4,331) is expected to receive US$450 (RM1,949) in each round, making it a return of US$1,350 (RM5,847) by the end of round three.

Under the proposed new scheme, investors will also be rewarded with JJ Points, which can be used in exchange for goods via its shopping platform JJ Mart.

The new scheme was announced by the 28-year-old Lee last Tuesday after news broke that his company had gone bust.

The company did not say when the new plan would start.

Attempts to contact Lee were futile and the number listed on the JJPTR Facebook page is already out of service.

A visit to the company’s offices in Penang showed that investors were no longer lining up for answers.

Instead, the staff, who preferred not to be photographed, were seen sitting at empty counters.

Penang-based JJPTR, or Jie Jiu Pu Tong Ren in Mandarin (salvation for the common people), came under the spotlight when investors complained that they did not get their scheduled payment last month.

JJPTR, JJ Poor to Rich and JJ Global Network are among the entities listed as unauthorised companies under Bank Negara Malaysia’s Financial Consumer Alert.

Records from the Companies Commission of Malaysia showed that JJ Global Network was a “RM2 company” owned by Lee and his former girlfriend Tan Kai Lee, 24. Each hold a single share.

Lee’s father Thean Chye, 58, and Tan are also directors of another company called JJ Global Network Holdings Bhd.

Thean Chye, who was an assistant professor at Southern University College in Johor, resigned on Wednesday after the JJPTR losses came to light.

Source: The Star/ANN

Investor tells off staff after failing to get refund 

 

Business as usual: Employees explaining the refund process and new scheme to investors at the JJPTR main office in Perak Road, Penang.

GEORGE TOWN: An investor, frustrated over not getting a promised refund on his stake, told off several female employees at the main JJPTR office in Perak Road.

The man, in his 40s, was heard having an exchange of words with the staff after being told that it may take “a few more days” before he could get his money.

He told them Johnson Lee, the founder of JJPTR, had said that the money was refunded to JJ2 scheme investors some days ago.

“But until today, I haven’t got my money back.

“I just want to know if the refund has been made or are you in the midst of processing the refund?

“If he has not started the refund, just be honest with the investors.”

He insisted on getting a firm date on when he would get back his money but the employees replied that they would need at least five working days.

He then demanded their names but they refused him.

“You don’t even dare give me your names. If I want to lodge a report, I won’t be able to provide the police with details.

“And don’t tell me you need days for a bank transfer. It only takes hours,” he said.

As he left the office, several journalists approached him for comment but were turned down.

“I don’t want to talk to reporters. You are all just causing trouble for us. I can get things done on my own,” he said.

JJPTR, or Jie Jiu Pu Tong Ren (“salvation for the common people” in Mandarin), is a Penang-based company that came under the spotlight when its investors complained that they did not get their scheduled profits last month.

According to online and media reports, the investors stand to lose RM500mil. They reportedly number in the tens of thousands, comprising Malaysians and foreigners from Canada, the United States and China.

Lee, who has blamed the loss on hackers, put the figure at US$400mil (RM1.75bil) in a widely-circulated video clip.

JJPTR, JJ Poor to Rich and JJ Global Network are listed as unauthorised companies by Bank Negara Malay­sia.

Source: The Star/ANN

JJPTR just trying to buy time, says ‘scam buster’ 

 

“Scam buster” Afyan Mat Rawi has ridiculed JJPTR’s new plan, calling it “unsustainable” and nothing but a forex scheme to placate angry investors.

Once a victim of an investment scam himself, the 37-year-old financial adviser said investors should stay away from the scheme, which he described as “illogical”.

“The investors are angry right now, and JJPTR is trying to pacify them by introducing this new plan.

“A 35% return at the end of the three rounds (one month) is illogical. Where would the company find all the money to reinvest?

“The new plan is just a way for them to buy time,” Afyan said.

He said any investment scheme promising returns of more than 15% in a year will ultimately collapse.

“No legitimate scheme will guarantee an annual return of more than 15%. Any scheme claiming to do otherwise has to be a scam.

“Like most other pyramid schemes, the (JJPTR) forex scheme will collapse when there is no entry of new investors.”

Afyan said that despite getting flak from investors after allegedly losing RM500mil due to its accounts being hacked, it was still “possible” for JJPTR to entice old and new investors to subscribe to the new plan, which promises higher returns and special lucky draws.

“Some investors may leave, because they no longer see hope but those in the “top tier” will continue finding new victims as they’ve already invested so much.

“Unfortunately, there will still be people who believe in them,” he related.

Commenting on a video of founder Johnson Lee announcing the new plan via JJPTR Malaysia’s Facebook page, Afyan said the laws in Malaysia were not harsh enough to serve as deterrent for so-called “scammers”.

He claimed that the only person to have been severely punished for operating an illegal investment scheme was Pak Man Telo, or Othman Hamzah, who was jailed and banished to Terengganu from Perak in the early 1990s.

Othman reportedly enticed 50,000 people to invest in his getrich-quick scheme, commonly known as the Pak Man Telo scheme, and managed to rake in RM90mil before being arrested, tried and sent to prison for two years. He died in Terengganu a few years later.

Ever since then, Afyan claimed, convicted scammers have been getting away easy.

“At most, scammers will be arrested and remanded. But you don’t hear about them serving time in prison. They’ve already made millions, billions, in profits.

“A penalty of a few thousand ringgit is nothing to them,” he said.

Afyan, who lost RM300 to a getrich-quick scheme while he was a university student in 2003, worked in Islamic insurance and financial planning after graduating.

He created a Facebook page in 2008 to share information on questionable investment opportunities, earning him the nickname “scam buster”.

He claims to have uncovered about 50 dubious companies so far.

Source: The Star/ANN

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Mind your words, please!


The colour orange: Oren refers to the orange colour of the T-shirts that those arrested by the MACC have to wear when they are brought to court.

 

THE Malaysian Anti-Corruption Commission (MACC) has been in the news almost daily with its arrests of politicians and businessmen, many carrying the Tan Sri and Datuk Seri titles.

This has become the subject of conversation among Malaysians.

To help foreigners, especially those doing business here in Malaysia, below is a compilation of terms that are often used to denote corrupt practices. To the clueless, these words could easily be misunderstood.

Worse, it could land unsuspecting expatriates in serious trouble with the law, especially with the MACC, if they use these seemingly innocent terms without realising their implications.

Here’s a list of everyday words and how they are used.

Jalan – this is a Bahasa Malaysia word for “road”. On the surface, it sounds simple and straightforward. Every road sign begins, mostly, with this word to denote, well, road. If only it was that simple. In reality, it could be the beginning of a corrupt offer.

If someone asks you: “You got jalan ah?” It doesn’t mean seeking assistance for a road direction. In the Malaysian context, it probably means “is there a way to resolve a complicated situation?” Some may argue the word need not necessarily be “illegal” as it could also mean finding a clever way out of a problem.

Kabel – the Malay word for “cable”. Cables are strong, thick wires, which are usually twisted or braided together. Well, in Malaysia, it also means someone in position – a very powerful person, often a politician in high office, or a senior government officer, who is able to help secure a big contract or deal. So, if someone asks whether “you have kabel?” you shouldn’t look puzzled or confused.

It simply means you need to have the support of an influential figure who is as strong as a cable. It’s no longer good enough to “pull strings” but you must be able to “pull cable” for your plans to get off.

Lubang – it literally means a hole. Most Malaysians grumble about lubang or the numerous pot holes along our badly maintained roads. The vulgar ones uses this word with a sexual connotation.

But in the more sleazy world of bribery, lubang means an opportunity, usually an illegal way, to make money. It has nothing to do with holes, as the word suggests.

Kau tim – this is a Cantonese word, which has actually become a Malaysian word, used by all races. It means finished, done or resolved. As simple as that.

But it is also a way of expressing agreement, or to settle a problem with bribery. For example, if you are stopped by a traffic cop for a traffic offence, you may say “boleh kau tim ah?” or the policeman may suggest “macam mana mau selesai, mau kau tim kah?

Lu tak mau kau tim, mesti susah punya. Nanti kena pi balai, pi court.” (If you do not wish to settle, it can be difficult. You may have to go to the police station or even the court.)

Ta pau – I always thought that this Chinese word means to pack food or a take-away, but it has come to mean a greedy corrupt person who wants to take away the entire loot all for himself without sharing with anyone, as in “he wants to ta pau everything, how can? So greedy one.”

So, no expatriate who has just arrived in town should go around telling everyone that he wants to “ta pau” everything he can lay his hands on. He can be sure of getting strange, hostile stares.

Selesai – it means to end or the end. It could be the end of a movie, the end of a meal or the end of a relationship. It’s a really simple word but in the Malaysian context of corruption, it means “how to resolve this?” or “it has been settled.”

Usually, the act of corruption will begin with a simple question – “So, macam mana mau selesai?” or “how do we settle this?”. For sure, it won’t be a challenge to a fight or a gentlemanly end to a problem with a handshake. Don’t be stupid. It’s an invitation to begin negotiation for, errr, a bribe.

The English version is also often used, as in “can settle ah?”

Lesen kopi – This has to be the Corruption 101 lesson for our young drivers. It is the first step into the world of corruption in Malaysia. Nobody wants to admit it but going by hearsay and unsubstantiated remarks, many Malaysians taking their driving test believe that they need to bribe the examiner in order to pass the very first time. Lesen kopi means bribing to get a driving licence.

So, they earn what is known as “lesen kopi” or licences obtained via corrupt ways, or duit kopi. Small gratification for “coffee” for the testers. Coffee, not tea. Strangely, there is no such term despite our fondness for teh tarik.

It may sound terribly confusing to tea drinking foreigners but please don’t think that this is the reason why so many Malaysians kill themselves or each other on our roads.

Ikan bilis – it refers to anchovies, those tiny fish, usually fried, found in our national food, the nasi lemak. But it also means small fry. So when low-ranking government officers are arrested for corruption, the MACC is often criticised for just going after the ikan bilis and not the bigwigs, known as sharks in the Malaysian context.

Makan duitMakan essentially means to eat. There’s no way, literally, that a person can eat a ringgit note. But it is synonymous with taking a bribe. It may be confusing to a foreigner as it may seem impossible to eat stacks of ringgit notes but this is Malaysia. We are versatile as well as adaptive. Many people will tell foreigners that they are able to, well, makan duit. Can one, who say cannot?

Oren – It’s not orange juice. It refers to the colour of the round-collared T-shirts that those arrested by the MACC have to wear.

This is the dreaded colour for all suspects, in handcuffs, being led to court in full view of the press.

You can be in red or yellow but orange is a no-no. The new term now is “jangan oren” or “don’t be in orange.”

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.

On The Beat made its debut on Feb 23 1997 and Chun Wai has penned the column weekly without a break, except for the occasional press holiday when the paper was not published. In May 2011, a compilation of selected articles of On The Beat was published as a book and launched in conjunction with his 50th birthday. Chun Wai also comments on current issues in The Star.

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Johor’s biggest corruption cases: land and housing scandal, slapped with 33 counts of graft


TWO IN COURT: Abd Latif (right) being brought to the Johor Baru Sessions Court by anti-graft officers. He is alleged to have abetted property consultant Amir Shariffuddin Abd Raud (left) in the land development scandal.

After weeks of investigation, state executive councillor Datuk Abd Latif Bandi is finally brought to court to face 33 counts of graft. The land and housing scandal – one of Johor’s biggest corruption cases – is however set to widen as graft busters warn of more suspects to be charged soon.


MACC expected to haul up more people in land and housing scandal

JOHOR BARU: One of the state’s largest corruption scandals is about to get bigger as more people are expected to be hauled up to court in the coming weeks.

Malaysian Anti-Corruption Commission (MACC) deputy chief commissioner (operations) Datuk Azam Baki said they might be charged with the case involving Johor executive councillor Datuk Abd Latif Bandi either this month or next.

Among those to be charged, he said, were those who had been arrested previously.

However, he declined to reveal their names so as not to jeopardise MACC’s investigation, saying that no VIPs were involved.

“We are in the midst of completing our probe with the Deputy Public Prosecutor before charging them in court soon,” he told reporters after meeting MACC investigation director Datuk Simi Abd Ghani and Johor MACC director Datuk Azmi Alias here yesterday.

Azam said it was also possible for Abd Latif, who was jointly accused with property consultant Amir Shariffuddin Abd Raud of committing 33 counts of graft yesterday, to face another round of charges then.

It was reported that eight suspects, including Abd Latiff ’s eldest son as well as his special officer, were nabbed by the MACC on Feb 24.

Anti-graft officers detained them after sifting through stacks of documents seized from the state government and developers.

They also seized luxury goods, including 21 cars such as Bentley, Mercedes-Benz and Porsche, five high-powered motorcycles and 150 handbags.

On its probe into the purchase of real estate in Australia by Mara Incorporated Sdn Bhd, Azam said MACC called up 24 witnesses and visited seven premises, including a law firm, the offices of both Mara Inc and an appraiser, and their associates.

“All related documents have also been seized. We have gathered more new information, and it is a continuous investigation from the previous case in 2015,” he said.

“We need more time to complete this case as it involves another country.

“We have put in a request under a mutual legal assistance with the Australian AttorneyGeneral’s office but have yet to receive any response.

“We will also prepare the documents to be sent to Australia,” he said.

MACC had previously recorded the state- ment of suspended Mara chairman Tan Sri Annuar Musa over the same investigation.

Annuar also handed over several documents relevant to the case.

The issue came to light after Australian newspaper The Age claimed that several senior Mara officials and a former politician had spent millions of Malaysian Government funds to buy an apartment block, known as Dudley International House, in Melbourne

Azam said his officers were also in the midst of preparing a report into alleged match fixing by football players from the Malaysian Indian Sports Council-Malaysia Indian Football Association.

“We expect this case to be completed within two to three weeks after we hand over the report to the deputy public prosecutor for charging.

Source:The Star headline news

Slapped with 33 counts of graft

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JOHOR BARU: State executive councillor Datuk Abd Latif Bandi has been charged in the Sessions Court here with 33 counts of graft, the earliest of which stretches back to just six months after he assumed office.

TWO IN COURT: Abd Latif (above) being brought to the Johor Baru Sessions Court by anti-graft officers. He is alleged to have abetted property consultant Amir Shariffuddin Abd Raud (below) in the land development scandal.

Abd Latif, 51, was sworn in to his post as Johor Housing and Local Government Committee chairman in 2013 and according to the list of charges, he allegedly abetted property consultant Amir Shariffuddin Abd Raud on Nov 13 that same year to convert bumiputra lots into non-bumiputra lots.

Yesterday, the court interpreter took about 15 minutes to read the list of charges to each of the accused in the case, considered one of the biggest corruption scandals in the state.

In total, Abd Latif is said to have abetted Amir, 44, to convert 1,480 houses.

He is also accused of helping to reduce the quantum of payment that developers had to contribute towards the Johor Housing Fund for converting these lots.

The offences, the last of which supposedly took place on Sept 13, 2016, involved payments of between RM100,000 and RM3.7mil.

Totalling some RM30.3mil, this involved development projects in Kota Masai, Tebrau, Kulai, Kempas, Nusajaya and Johor Baru.

Among the converted lots were apartments, double-storey terrace homes, cluster houses, cluster industrial lots, semi-Ds and bungalows.

Abd Latif was charged under Section 28 (1) (c) of the Malaysian Anti-Corruption Commission (MACC) Act for abetment, which was read together with Section 16 (a)(B) for accepting bribes.

Amir was charged with 33 counts under Section 16 (a)(B) for accepting bribes for himself and Abdul Latif.

Judge Mohd Fauzi Mohd Nasir set bail at RM2mil in one surety for each of the accused and ordered their passports to be surrendered until the trial was over. He also fixed May 23 for mention.

At press time, only Amir posted bail while Abd Latif, who was unable to raise the amount, was sent to the Ulu Choh detention centre.

Earlier, 15 minutes after Abd Latif and Amir were ushered into the packed courtroom, a defence lawyer stood up and asked for their “Lokap SPRM” orange T-shirts to be removed.

Both Abd Latif, who took time to hug and shake the hands of several people, and Amir then changed into long-sleeved shirts.

Abd Latif was represented by a six-man legal team led by Datuk Hasnal Rezua Merican while two lawyers, headed by Azrul Zulkifli Stork, stood for Amir.

The case was prosecuted by MACC director Datuk Masri Mohd Daud, with assistance from Raja Amir Nasruddin.

Source: The Star by Nelson Benjamin and Norbaiti phaharoradzi

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Time to take fight against graft to the top, say group


Political parties should disclose all of their financing and expenditure, says Transparency International Malaysia.

“Political funding must be stated in the parties’ bank accounts and a properly audited account financial report must be published annually,” said its president Datuk Akhbar Satar.

“All ministers and top Govern­ment servants should also declare their assets to the Malay­sian Anti-Corruption Commission (MACC), and the chief commissioner should declare these to the Parliament,” he said.

Akhbar was commenting on the call by MACC for the Government to declare corruption and abuse of power as the country’s No. 1 enemy.

He said these declarations would be in line with the belief that “transparency and accountability begin at the top”.

“The public must also help MACC by reporting corrupt practices and cooperating in court,” he added.

Inspector-General of Police Tan Sri Khalid Abu Bakar also supported MACC’s move.

“Such an honourable effort must be supported thoroughly,” he said. “The police always prioritise integrity and the war on corruption must be fought at all fronts.”

Asli Centre of Public Policy Studies chairman Tan Sri Ramon Navaratnam said reforms in corruption laws were needed to ensure that MACC could “act without fear or favour”

“Our laws on corruption should be reviewed, revised and made up to date,” he said. “And follow best practices such as in countries like Denmark, Hong Kong and Singapore.”

The Government could set an example by making sure there was a cap on money politics, he added.

Malaysian Crime Prevention Foundation senior vice-chairman Tan Sri Lee Lam Thye said it was vital for the public to be proactive in helping MACC.

“MACC needs a free hand to take action in fighting corruption,” he said.

G25 member Tan Sri Mohd Sheriff Mohd Kassim said the best way to start would be to require all election candidates in the 14th general election to sign a pledge against corruption during the campaign.

Minister in the Prime Minister’s Department Datuk Paul Low said the Government’s commitment to fight corruption was already there “but the journey to deal with the problem takes time”.

Source: Star/ANN By Razak Ahmad, Fatimah Zainal, Andmelanie Abrahamby

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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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No dog until neighbours agree


 

 

IPOH: The Batu Gajah District Council (MDBG) has become the first in Perak to require dog owners to seek consent from their neighbours if they want a dog licence.

It is now running a trial on this, covering residents who want to get a pet dog for the first time.

“This is to ensure better management of the pets and to ensure there are fewer complaints from the people,” said council president Nurdiana Puaadi, adding that the Ampang Jaya Municipal Council had a similar requirement which had been proven to be successful.

Nurdiana cited cases of a household keeping three dogs but only one was licensed, adding that the MDBG had received numerous complaints about dogs that barked non-stop.

“Once the neighbours give their approval, they cannot complain to us,” said Nurdiana, adding existing dog owners should also get their neighbours’ approval.

“This will also help keep stray dog problems in check,” she said.

The application form states that residents staying at terrace lots need the consent from neighbours from both sides.

Those staying in bungalows, semi-detached and cluster homes need the agreement from neighbours on both sides and at the back. Owners also need to put up a sign to show that they have a dog.

The types of dogs not allowed to be kept include Akita, American Bulldog, Dogo Argentino, Fila Brasileiro, Japanese Tosa, Neapolitan Mastiff, Pit Bull Terrier, American Pit Bull and Staffordshire Bull Terrier.

Rottweilers are allowed but owners need to produce health reports from the Veterinary Services Department for new applications. Those who have been keeping Rottweilers can renew the licence until the pet dies.

It also states that those living in bungalows, semi-detached or terrace corner lots can keep a maximum of two dogs, while residents in terrace end lots and terrace intermediate lots can only keep one.

Other stipulations include urging owners to keep their dogs clean and healthy and to ensure pets do not disturb neighbours with incessant barking.

Owners must also ensure their dogs do not roam unsupervised and must be muzzled and leashed when they are out. Dogs three years or older found without a licence can be impounded and put down.

Owners can also be fined a maximum of RM2,000 or jailed not more than a year or both if found guilty under any provisions of the Dog Licensing and Dog Breeding House By-laws.

By Ivan Loh The Star

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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

Related:

MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 – SPRM

http://www.sprm.gov.my/…/1059-malaysiananticorruptioncommissionact2009act-694

The ACT 694 under the Law of Malaysia, which is also the Malaysian AntiCorruption Commission Act 2009, received the Royal Assent, gazetted and enforced …

Penang CM’s trial: Court to hear motion anti-corruption act …

Guan Eng and Phang claim trial, bail set at RM1m … – Malaysiakini

 

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