Anti corruption agency MACC to interview Lim, and Norlela who did the right thing


Malaysia Anti-Corruption Commission (MACC) will call up Penang Chief Minister Lim Guan Eng and Penanti assemblyman Dr Norlela Ariffin to facilitate investigations into the Sungai Lembu’s illegal factory case.

GEORGE TOWN: Chief Minister Lim Guan Eng and Penanti assemblyman Dr Norlela Ariffin are ex­­pected to be called up by the Ma­­­laysian Anti-Corruption Com­mis­­sion (MACC) to give statements over the illegal factory in Kampung Sungai Lembu, Bukit Mertajam.

MACC deputy chief commissioner (operations) Datuk Azam Baki con­­firmed that both would have their statements recorded at a suitable time.

“This is a normal procedure to call up them up as they have talked about the matter publicly.

“Their statements are needed to complete the investigations,” he said.

Sunday Star reported that the MACC is investigating two letters, which appear to have originated from state executive Councillor Phee Boon Poh, asking that no ac­­tion be taken against an illegal factory.

The letters, written in 2015 and 2016, directed the Seberang Prai Municipal Council (MPSP) from shutting down the carbon filter-processing factory which has been operating illegally for the past 10 years.

Phee was remanded five days since Saturday together with factory director Edmund Gan Eu Leong, 37, and his father Gan Buck Hee, 70, who is the factory mana­ger.

It is understood that a third MPSP officer has also been summoned to give his statement.

On Friday, two officers from the Enforcement Department and the Licensing Department were also called up.

“They were not arrested,” Azam said.

He added that the MACC also conducted several raids and seized do­cuments from Phee’s office at Kom­­tar and his house in Sungai Puyu.

Yesterday, MACC officers spent more than an hour at his service centre in Jalan Ong Yi How in Butterworth. With them was Phee.

It was learnt that the MACC also raided two of his houses in But­­terworth yesterday.

In Alor Setar, an attempt by lawyers representing Phee and two others to quash their remand order was rejected by the High Court.

Judge Hashim Hamzah told Ramkarpal Singh, R.S.N Rayer and Dev Kumaraendran that their application should have been filed at the Penang High Court as it was the “suitable forum” for the matter.

Ramkarpal said they would file an application at Penang High Court today.

The MACC and several enforcement agencies first raided the factory on Thursday following complaints from villagers that its fumes could affect their health.

Meanwhile, MCA religious harmony bureau chairman Datuk Seri Ti Lian Ker criticised DAP for “bullying and blaming” Dr Norlela for her request to the authorities to take action against the factory.

He said DAP cannot play the victim card now because Malaysians are beginning to see the party’s hypocrisy when it comes to corruption issues.

“DAP should allow the MACC to do its work without any hindrance and own up when their leaders are embroiled in corruption,” Ti said in a statement.

Transparency International Ma­­laysia president Datuk Akhbar Sa­­tar said MACC should be allowed to investigate the case professionally and fairly without fear or favour.

“Let the due process take its course and let us wait for the outcome of the investigations,” he said.

Source: The Star by Crystal Chiam Shiying and Lo Tern Chern

Norlela did the right thing – She’s merely fulfilling her duty to constituents, says state Gerakan Chief

Geroge Town – State Gerakan chairman Teng Chang Yeow has defended Penanti’s PKR assemblyman Dr Norlela Ariffin, who has been voicing out concerns on the illegal factory operation in Kampung Sungai Lembu.

“What we are concerned about is that the matter had been dragged on for so long.



“Her complaints fell on deaf ears for so long, so you can’t penalized her.



“She has raised it many times, in the state assembly, to the authorities and Village Security and Development Committee, but there was no action,” he told a press conference after attending the State Delegates’ Conference 2017 at the state Gerakan Heeadquaters in Macalister Road yesterday.

It was reported that Dr. Norlela denied that she was responsible for the action being taken against an illegal carbon filter processing factory in Kampung Sungai Lembu.

She refuted the accusations in a Facebook post on Saturday, saying that she had highlighted complaints from her constituents.

Dr. Norlela said she was disappointed that she was blamed for the arrest of state exco member Phee Boon Poh.

Commenting on several past actions against Dr. Norlela, including having a state allocation to her constituency withheld pending her written explanation for not attending the Yang di-Pertua Negri’s swearing-in ceremony in May, Teng said Gerakan may have differences with other Barisan National component parties, but it never penalized them.

He said that when Gerakan led the government, he had faced criticisms from MCA representatives but no action was taken against them.

Gerakan president Datuk Seri Mah Siew Keong opened the event. – The Star

Gerakan defends PKR’s Norlela over Penang illegal factory issue

GEORGE TOWN: Penanti assemblyman Dr Norlela Ariffin should not be penalised for speaking up on the illegal factory in Kampung Sungai Lembu, said state Gerakan chairman Teng Chang Yeow today.

“Being the state assemblyman of the constituency, she had every right to raise questions about the illegal factory.

“She was merely performing her duty,” he said during a press conference here, today.

He was responding to Norlela’s claim that she was treated like a criminal after expressing her gratitude to the Malaysian Anti-Corruption Commission (MACC) for taking action against the illegal factory.

“Thank you to the MACC for solving the issues which have been plaguing the villagers there. We have been doing our best to help the villagers,” she had said in a Facebook posting recently.

She had said that in May this year, she received an 18-page petition, signed by 180 villagers, objecting against the illegal carbon filter factory.

“I raised several questions at the state legislative assembly sitting the same month. The state environment committee chairman had said the factory was burning 2,000 tonnes of sawdust monthly to be turned into activated carbon for water filters,” she had said.

On Thursday, MACC and other agencies raided the factory in Bukit Mertajam after numerous complaints to the authorities fell on deaf ears.

This was followed by further raids at the Seberang Perai Municipal Council licensing department offices and state Environment Committee chairman Phee Boon Poh’s office, service centre and houses.

Phee is being remanded for five days pending investigations into an illegal factory in Kampung Sungai Lembu in Bukit Mertajam.

He was detained after he went to MACC’s office to have his statement recorded on Friday.

Yesterday, Norlela revealed that she had been treated like a criminal since Phee’s arrest.

Source: NST By BALVIN KAUR

MACC gets more statements in illegal factory case

BUKIT MERTAJAM: No one has yet to be charged over the illegal carbon filter processing factory in Sungai Lembu as graft-busters are still investigating the case and gathering evidence.

Three Malaysian Anti-Corruption Commission (MACC) officers showed up at the village yesterday and were seen talking to several residents there for about an hour in a coffeeshop.

Sungai Lembu Village Development and Security Committee (JKKK) chairman Tan Sing Lee and some businessmen staying and running businesses near the factory were later summoned to the MACC office in Butterworth to give statements.

“Initially, they wanted to record our statements at the coffeeshop but on seeing the press, they told us to go to their office instead,” Tan said.

Tan arrived at the MACC office with JKKK secretary Yeo Keng Chuan at about 1.30pm and left about 45 minutes later.

A spokesman for the MACC said it had recorded statements from several people, and that no arrest was made.

“We are still investigating,” he said.

Penang state executive councillor Phee Boon Poh, together with factory director Edmund Gan Eu Lee, 37, and his father Gan Buck Hee, 70, were arrested by the MACC on Aug 11.

But all walked free last Monday after their remand orders were set aside by the High Court.

The spokesman said the MACC would be appealing the court decision.

Meanwhile, Gerakan took Penang PKR assemblymen to task for not defending Penanti assemblyman Dr Norlela Ariffin against the barrage of attacks that came after she exposed the illegal factory.

“Why haven’t the men in PKR come to her aid? Are they so afraid of being victimised by DAP?” said state Gerakan vice-chairman Oh Tong Keong.

“What is also baffling is that the incident happened in the PKR fortress of Permatang Pauh,” he told a press conference.

He claimed that what happened to Dr Norlela was nothing new because Tanjung Bungah DAP assemblyman Teh Yee Cheu was also sidelined for speaking the truth.

Meanwhile in Kota Kinabalu, MACC deputy chief commissioner (operations) Datuk Azam Baki said no investigation paper has been opened in the acquisition of the Grand Borneo Hotel by Felda Investment Corporation (FIC), purportedly at a higher market price.

He said it was still premature to suspect any wrongdoings in the purchase of the three-star hotel (in Kota Kinabalu).

“We are not moving in as yet. Our focus is still on the ongoing probe on FIC’s purchases of the two hotels in London and Kuching.

“Besides, there is still a need to compare the valuation reports during the time of purchase and the actual value of the Kota Kinabalu hotel,” he said when contacted.

Azam was asked to comment on a report suggesting that the MACC was to conduct a probe on a third hotel managed by FIC.

The Grand Borneo was said to have been acquired by Felda for RM86.4mil in 2012.

Azam said there were no plans to send MACC officers to Sabah.

Sabah MACC director Datuk Sazali Salbi also said that his state officers were not involved in any probe over the matter.

It is learnt the MACC would focus on completing the ongoing probe first as the remand order for Tan Sri Mohd Isa Abdul Samad ends tomorrow.

On Tuesday, the former Felda chairman was arrested by the MACC after he was called in to give his statements over FIC’s purchase of hotels in London and Kuching.

The MACC is investigating suspicion of power abuse and corruption in the purchases of the two hotels.

So far, anti-graft officers have visited Mohd Isa’s houses in Selangor, Nilai, Linggi and Seremban, as well as his office at the Land Public Transport Commission (SPAD) headquarters. Mohd Isa is acting SPAD chairman.

It was reported that cash amounting to RM100,000 was seized from a safe in one of his houses. – The Star.

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MACC gets more statements in illegal factory case: Read on the original site

 

Stop blaming past Penang govt’

 

 

Factory’s burning sawdust pits greet DoE inspection team

Phee freed but MACC plans to appeal High Court’s decision

 

No protection for corrupt in Penang govt, says Guan Eng | Free …

 The Penang government will not protect any of its officials … Chief Minister Lim Guan Eng says he believes state exco man Phee Boon … Phee, who is in charge of the welfare, caring society and environment portfolio, was arrested yesterday by the MACC over alleged misuse of power.

PKR rep Norlela blamed for Phee’s arrest 
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Penang exco man held in graft probe for abuse of power


 

 

Arrest linked to illegal operation of carbon filter factory in Bukit Mertajam

For 10 years, a factory has been illegally burning sawdust to produce carbon for filters, forcing villagers and schoolchildren in parts of Bukit Mertajam to breathe dust-laden smoke every day. The matter has now flared up with the arrest of Penang exco man Phee Boon Poh and two of the factory’s directors by the MACC. All three are set to be remanded today.

GEORGE TOWN: An illegal carbon filter processing factory has become a burning issue in Penang with the arrest of state executive councillor Phee Boon Poh and two factory di­­rectors by graft-busters from the Malaysian Anti-Corruption Commis­­sion (MACC).

All three are expected to be remanded today.

The factory in Kampung Sungai Lembu in Bukit Mertajam was in the news on Wednesday when MACC officers raided its premises and seized several documents.

Yesterday, a team of five MACC officers raided Phee’s office at Level 53 in Komtar at about 11.30am and took away more documents.

Phee, who chairs the state Wel­­fare, Caring Society and Envi­­ron­­ment Committee, was asked to report to the Penang MACC headquarters in Jalan Sultan Ahmad Shah. He was arrested at 3.30pm when he turned up at the MACC building.

MACC deputy chief commissioner (operations) Datuk Azam Baki said Phee was detained under Section 23 of the MACC Act for abuse of power.

The section provides for a jail term of up to 20 years and a fine of up to five times the value of the bribe or RM10,000, whichever is higher.

The 66-year-old Phee was brought back to his house in Butterworth at about 5pm in his car and escorted by two MACC vehicles. It is learnt that he packed some personal be­­longings from his house before lea­­ving for the state MACC headquarters at 7.05pm.

The MACC also arrested a 70-year-old man and his 37-year-old son, the manager and director of the factory, at 6.05pm and 6.35pm respectively.

The two were summoned to the state MACC headquarters to give their statements before they were detained.

Lawyer R.S.N. Rayer, who accompanied Phee to the Penang MACC headquarters, said the exco man was asked to meet MACC officers after 2pm.

“I was informed that they (MACC officers) went to his office and took some documents including letters that he wrote. They wanted to re­­cord his statement regarding the documents.

“He gave his full cooperation and presented himself at the MACC office. I am surprised that he was arrested,” he said before leaving the state MACC building at about 4.30pm.

Earlier, the five MACC officers spent more than an hour in Phee’s office.

Shortly after they left, Phee and four assistants walked out of the office.

Phee declined to comment on the raid.

He is the second member of the current Penang state administration to be arrested by the MACC.

Chief Minister Lim Guan Eng was arrested in June last year over the purchase of a RM2.8mil bungalow in Pinhorn Road.

He was subsequently charged with using his position as the Chief Minister of Penang to gain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the application for conversion of agriculture land to a public housing zone in south-west Penang to the com­­pany, Magnificient Emblem Sdn Bhd.

He allegedly committed the of­­fence while chairing the Penang State Planning Committee meeting at the operations room in the Komtar building on July 18, 2014.

The charge under Section 23 of the MACC Act 2009 provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction.

Lim faces a second charge of using his position to obtain a plot of land and a bungalow located at No 25 Jalan Pinhorn, George Town, on July 28, 2015, from businesswoman Phang Li Koon for RM2.8mil, a price which he allegedly knew did not commensurate with the property’s market value at the time of RM4.27mil.

The charge, under Section 165 of the Penal Code, provides for a jail term of up to two years or a fine, or both, upon conviction.

Late last night, Lim was among several DAP leaders and members who turned up outside the state MACC headquarters to stage a candlelight vigil in support of Phee.

Source: The Star by crystal chiam shiying, chong kah yuan, lo tern chern, andlogeiswary thevadass

10 years of smoke in the eyes for villagers

//players.brightcove.net/4405352761001/default_default/index.html?videoId=5538656271001

BUKIT MERTAJAM: For about 10 years now, the villagers of Kampung Sungai Lembu have been forced to breathe air laden with pollutants. Children going to school at SJK(C) Kampung Sungai Lembu also have had to put up with the thick dust.

The air is thick with a burning smell from the processing activities at an illegal carbon filter processing factory, just 1km away from the school.

The 5,000sq-m factory, about the size of a football field, has piles upon piles of sawdust, much of it burning in deep pits.

The tall chimneys spout white pollutant-filled smoke into the air which is carried to the nearby villages by the slight breeze.

A source from the Department of Environment revealed that the factory also did not have an air pollution control system.

Kampung Sungai Lembu Deve­lop­ment and Security Committee chairman Tan Sing Lee, 58, said the factory also carried out open burning of sawdust to produce carbon.

“Every time the wind blows our way especially in December, the air is polluted. At night, the air is foggy and villagers complain about the smell,” he said.

“We reported the matter to Penanti assemblyman Dr Norlela Ariffin but no action was taken in the past two years,” he said.

The factory is also situated inside an oil palm estate, on land designated for agriculture.

Tan claimed a man in his 30s died in 2015 after he fell into one of the pits while filling it with sawdust.

A check by The Star at the factory yesterday found 20 pits, each measuring about 3m across. The pits were filled with burning sawdust and there was smoke everywhere. The sawdust is burnt to produce carbon which is then used in filters.

Permatang Pauh Umno chief Da­­tuk Mohd Zaidi Mohd Said claimed there may have been people in­­volved in covering up the issue before the raid on the factory by the Malaysian Anti-Corruption Commis­­sion (MACC) on Thursday.

“Several reports have been lodged against the factory.

It is impossible for the Seberang Prai Municipal Council to not be aware of it,” he said during a press conference in Kampung Sungai Lembu.

Also present was Parti Cinta Malaysia deputy president Datuk Huan Cheng Guan.

PKR rep Norlela glad over action against illegal factory

 

BUKIT MERTAJAM: Penan­ti’s PKR assemblyman Dr Norlela Ariffin (pic) is pleased that action is finally being taken by the MACC over an illegal factory in Kampung Sungai Lembu.

Dr Norlela said she raised the issue of the carbon filter processing factory more than two years ago. “The villagers told me about their concerns in February 2015. I raised the matter at the state assembly sitting but no ac­­tion was taken for two years,” she said.

It was in November that Dr Norlela broke down and sobbed uncontrollably at the assembly, clai­­ming the state government had failed to respond to her queries.

She lamented then that she had complained of many woes like illegal factories, frequent flooding and the lack of infrastructure like roads and proper jetties for fishermen.

“Early this year, before the state assembly sitting, villagers handed me an 18-page petition, appealing for the factory to be closed as they claimed it was affecting their health.

“It was also found that the factory was not operating according to guide­­­­lines,” she said yesterday.

In May, her allocation was withheld after she did not show up at the Yang di-Pertua Negri’s swearing-in ceremony.

Earlier this month, she complained that funds collected for flood mitigation had not been used to help her constituents.

“In Penanti alone, there are nine flood-prone areas that could greatly benefit from these funds,” she re­­portedly said, citing the Auditor Ge­­­ne­­ral’s Report 2016 Series 1 which revealed that the Seberang Prai Municipal Council had only used RM2.2mil of RM63.39mil collected from 2008 to June 2016.

Dr Norlela is among several as­­sem­­blymen who have been at loggerheads with the state leadership, often criticising it for not carrying out its duties or for not caring about the environment,

Last month, she praised the Sungai Buloh-Kajang MRT project and took a swipe at the Penang Transport Master Plan by comparing the construction cost of both projects in a video she posted on social media.


DAP’s lone ranger faces his biggest test

GEORGE TOWN: Two-term Pe­­nang executive councillor Phee Boon Poh, 66, gained fame as a vocal opposition leader when he took on 38 Barisan Nasional representatives in the state assembly when he was the sole DAP assemblyman from 2004 until 2008.

Despite being overwhelmed, the “lone ranger” raised many issues.

Although PAS was represented by Mohd Hamdan Abdul Rahman, it was Phee who questioned the policies of the state administration headed by Tan Sri Dr Koh Tsu Koon.

Phee began his political career by winning the Bagan Jermal state seat in 1990, only to lose it to Barisan’s Tan Sri Dr Sak Cheng Lum in 1995.

In 1999, he contested the Sungai Puyu seat but lost to Barisan’s Loo Ah Dee. In 2004, he wrested it from Loo with a 607-vote majority.

In 2008, he retained his state seat with a 9,201-vote majority and was appointed state Welfare and Caring Society chairman.

He later took over the environment portfolio from state exco member Chow Kon Yeow.

In the 2013 general election, he beat MCA’s Sum Yoo Keong by 16,207 votes.

Phee is a distant relative of businesswoman Phang Li Koon, who has been charged with abetment in the two corruption cases against Chief Minister Lim Guan Eng.


MACC probes Phee’s letters – Directing council to ‘stay away’ under investigation

Phee Boon Poh mobbed by the media after he was remanded in George Town. — ZAINUDIN AHAD and ZHAFARAN NASIB/The Star

PENANG: The Malaysian Anti-Corrup­tion Commission (MACC) is investigating two letters, which appear to have originated from state executive councillor Phee Boon Poh, asking that no action be taken against an illegal factory.

The letters, written in 2015 and 2016, directed the Seberang Prai Municipal Council from shutting down the carbon filter-processing factory which had been operating illegally for the past 10 years.

The MACC is also investigating whether Phee or his officials had authorised the letters telling the council to back off.

As Phee and two of the company’s directors were remanded yesterday, the MACC is expected to call up a DAP state assemblyman for questioning.

The MACC is believed to be investigating the role of this state assemblyman in the case.

It is understood that MACC is also probing the relationship between Phee and the factory owners.

It wants to find out how the factory could operate openly despite complaints from the villagers nearby.

“The illegal factory is on an agro-based land. (We want to know) why it has been able to operate without any action (taken against it),” a source told Sunday Star.

 

Too close for comfort: The illegal carbon filter-processing factory still operating and its proximity to Kampung Sungai Lembu and surrounding areas near Bukit Mertajam. 

When contacted, MACC deputy chief commissioner (operations) Datuk Azam Baki said the anti-graft body will carry out a thorough probe and look into all angles.

Azam said investigations will focus on the element of abuse of power.

“We have opened an investigation paper under Section 23 of the MACC Act.

“We will look into whether one of the suspects has given (any form of) protection to the illegal factory to enable it to continue operating the last 10 years,” he said.

He declined to elaborate further as investigations were ongoing.

Sources said anti-graft officers revisited the house of the state exco member in Sungai Puyu on the mainland to look for more evidence to assist in the probe.

It is not immediately known if documents were seized.

The homes and offices of two other suspects will also be revisited as part of the probe.

More arrests are expected in the coming days as investigations into the case widen.

Source: The Star by simon khoo, crystal chiam shiying, lo tern chern, akil yunus

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 The Penang government will not protect any of its officials … Chief Minister Lim Guan Eng says he believes state exco man Phee Boon … Phee, who is in charge of the welfare, caring society and environment portfolio, was arrested yesterday by the MACC over alleged misuse of power.

 

Phee and two others remanded for five days

 

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Arrest is to whitewash corruption, claims Kit Siang

 

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Home locked by Penang City Council over RM468 paltry arrears of assessment


Hard lesson: After settling his assessment arrears, Chua Yung Lin, 37, finally receives the key (inside envelope) to unlock the chain used to seal up his unit at Taman Seri Hijau in Van Praagh Road, Penang. (Above) A closeup of the notice from the council pasted on the grille gate. — CHARLES MARI ASOOSAY/The Star

A SALESMAN is furious that his apartment unit was padlocked by the Penang Island City Council (MBPP) because he failed to pay two years of assessment arrears amounting to RM468.86.

A council official, however, defended the action, saying that MBPP was empowered to do so under the Local Government Act 1976 if a ratepayer failed to pay a year’s assessment.

Chua Yung Lin, 37, got the keys to the padlock when he paid up the arrears as well as the RM111.86 second half assessment for this year and a RM20 penalty in Komtar on Wednesday after a neighbour informed him a day earlier that the MBPP had sealed the unit.

But he is adamant in not unlocking the padlock himself, saying that the council should do so as its officials were the ones who locked up the unit.

“They gave me all the keys to the padlock and when I asked them if I needed to return the chain and padlock, they told me I could keep them,” Chua told reporters outside the unit at Taman Seri Hijau in Van Praagh Road, Penang, yesterday.

He lodged a police report on Wednesday to inform the police that he had settled the arrears and for his safety should he decide to unlock the place himself.

Chua, who has been renting out the unit for the past three years, said it was dangerous for MBPP to padlock the unit as there could be someone inside who would not be able to escape should there be an emergency.

“Thankfully, there was no one in the apartment as I think my tenants have gone out of town,” he added.

He claimed to have forgotten to pay the assessment because his tenants did not inform him of the bills.

Penang Gerakan vice-chairman Lee Boon Ten said MBPP had acted prematurely and could be charged with criminal negligence for sealing the gate of an occupied home.

“He only owed them a nominal amount. If someone was inside the apartment when they locked it, it would have been false imprisonment,” said Lee who was also present.

MBPP treasury revenue unit head Suhaida Kamalul Ariffin said Section 148(3) of the Local Government Act 1976 empowered the council to seal premises whose owners defaulted in a year’s assessment payment but the council usually only did so after the arrears were accumulated for two years.

“We can actually break down the door and seize the belongings inside. If we don’t do that to avoid destroying the door, we will seal the premises as an indication to the owner. This is however only carried out after we have checked to see if anyone is inside.

“Only after we are sure it is unoccupied, do we seal the premises,” she said when contacted yesterday.

Suhaida also said the council pasted a notice demanding the owner to settle the arrears on the unit’s grille gate in May.

“There was no response, leading us to seal the apartment. Once payment is made, we usually give the owner the keys to the lock as it is standard procedure to let them unlock it themselves,” she said.

Source: The Star

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Malaysian MACC Act’s Sect.62 declared unconstitutional will be challenged by prosecution



Court of Appeal: Section 62 of MACC Act unconstitutional


PUTRAJAYA: The Court of Appeal has ruled that Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is unconstitutional.

Justice Datuk Umi Kalthum Abdul Majid, who chaired a three-man bench, made the ruling after allowing the appeals by Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon to declare Section 62 as unconstitutional in their corruption cases.

The panel held that Section 62 was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution.

Section 62 requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.

However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while 8(1) states for equal protection under the law.

“We allow the appeals and set aside the order of the High Court,” said Umi Kalthum, who heard the appeals with Datuk Ahmadi Asnawi and Datuk Abdul Rahman Sebli on Monday.

The Court of Appeal granted DPP Datuk Masri Mohd Daud’s oral application to stay the proceedings in the Penang High Court pending the prosecution’s appeal over the decision.

On March 7 this year, the High Court dismissed Lim and Phang’s application after ruling that Section 62 of the MACC Act was constitutional and valid as it did not impede the accused’s right to a fair trial.

Lim pleaded not guilty to charges of corruption in relation to the conversion of land from agricultural to residential and the purchase of a plot of land and bungalow at below-market value on June 30 last year.

Lim was charged with using his position as Chief Minister to gain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the application for conversion of agriculture land to a public housing zone in south-west Penang to a company, Magnificient Emblem Sdn Bhd.

He allegedly committed the offence while chairing the Penang State Planning Committee meeting at the operations room, Level 28, Komtar building here, on July 18, 2014.

The charge under Section 23 of the MACC Act 2009 provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction.

Lim faces a second charge of using his position to obtain for himself a plot of land and a bungalow located at No, 25, Jalan Pinhorn, George Town on July 28, 2015 from Phang for RM2.8mil, below market value.

The charge under Section 165 of the Penal Code provides for a jail term of up to two years, or a fine, or both, upon conviction.

Phang pleaded not guilty to abetting Lim in obtaining the bungalow at an undervalued cost.

She allegedly committed the offence at the same place and date.

The charge under Section 109 of the Penal Code read together with Section 165, provides for imprisonment of up to two years, or a fine, or both, upon conviction. – Bernama

MACC will appeal against ruling that Section 62 is unconstitutional


PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) will be appealing the Court of Appeal’s ruling that Section 62 of the MACC Act is unconstitutional.

The MACC stated in a statement on Tuesday that its prosecutors would be filing an appeal to the Federal Court “as soon as possible”.

“The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon,” it said.

On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional.

Section 62 of the Act requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.

However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.

The ruling was made after allowing the appeals by Lim and Phang to declare Section 62 as unconstitutional in their corruption cases.

Lim currently faces charges for obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for using his position to purchase a bungalow below market value. Phang has been charged with abetment. – The Star

MACC: ‘Decision has no bearing’

PETALING JAYA: The Court of Appeal’s decision to declare a section of the Malaysian Anti-Corrup­tion Commission (MACC) Act as unconstitutional does not affect the prosecution of the Penang chief minister and a businesswoman, the graft busting body said.

The MACC said in a statement that its pro­secutors would be filing an appeal to the Federal Court “as soon as possible”.

“The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon,” it said.

On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional. Section 62 requires accused persons to disclose their defence statements to the prosecution before the trial begins.

But Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.

The ruling was made after allowing the appeals by Lim and Phang who sought to declare Section 62 as unconstitutional.

Lim currently faces charges for allegedly obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for allegedly using his position to purchase a bungalow below market value.

Phang has been charged with abetment.

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Penang signs corruption pledge, faces calls for Chief Minister to step down




GEORGE TOWN: The Penang government finally inked a corruption-free pledge and almost immediately faced calls for the Chief Minister Lim Guan Eng’s resignation over corruption charges he faces.

The state government signed the corruption-free pledge with 10 additional integrity measures with the Malaysian Anti-Corruption Commission (MACC) in a ceremony at Komtar attended by Lim, executive councillors, state assemblymen and MPs, heads of departments and agencies along with public administration officers and MACC officers.

The additional measures signed by the state include the CAT (competent, accountable and transparent) policy, open competitive tenders, public declaration of assets, and full protection for genuine whistleblowers.

MACC chief commissioner Datuk Dzulkifli Ahmad welcomed the additional integrity measures.

“It will strengthen the pledge as a whole. But the state must put their pledge and integrity measures into practice,” he said, adding that the occasion was meaningful for him.

“I am a Penangite, born in Kepala Batas,” he said.

Barely an hour later, Lim came in for attacks from Penang Umno Youth chief Rafizal Abdul Rahim who wanted him to resign, and state opposition leader Datuk Jahara Hamid for not inviting the state’s 10 opposition members to the ceremony.

Rafizal and several members approached Dzulkifli to hand over a memorandum urging Lim to resign.

“By signing the pledge, Lim is indirectly showing others he is clean,” he said.

MIC central working committee member J. Dhinagaran, a Penangite, said Lim should set an example by resigning from his position as Chief Minister if he was sincere about combating graft.

Lim faces corruption charges over the purchase of his bungalow in Pinhorn Road for RM2.8mil, below the market value of RM4.27mil.

On Jahara’s complaint, Lim said Umno assemblymen were not invited for the ceremony because they had failed to show up on previous occasions.

“We invited her (Jahara) many times and even invited her to sit in a committee, but she didn’t want to,” he said.

Jahara later said they would hold a corruption-free pledge session.

Kelantan will sign the anti-corruption pledge next week. Dzulkifli said the MACC had yet to receive a date from the Selangor government to sign its pledge.

Source: The Star by Christopher Tan

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Fake Awards Scam for Penang Island City Council, Seberang Perai Municipal Council !

  Dubious honours : (Above) Former Penang Island City Council mayor Patahiyah Ismail with the trophy and certificate for Best Munici…



Checks on local news reports show EBA bestowed ‘awards’ not just to Penang councils but also other Malaysian institutions. GEORGE TOWN…



Local Council hoarding RM60mil in drainage funds

GEORGE TOWN: More than RM60mil collected from developers as drainage contributions in Seberang Prai has reportedly not been given to t…
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The works minister, Datuk Seri Fadillah Yosof says compared to what the JKR recently paid for pre-construction consulting fees for a pro…

Local Council hoarding RM60mil in drainage funds


GEORGE TOWN: More than RM60mil collected from developers as drainage contributions in Seberang Prai has reportedly not been given to the state Drainage and Irrigation Department (DID).

Pulau Betong assemblyman Datuk Muhammad Farid Saad, who lashed out at Seberang Prai Municipal Council (MPSP) for withholding the money, said only RM2.2mil of RM63.39mil collected from 2008 to June last year was disbursed so far.

He said that according to the Auditor-General’s Report 2016, the move went against the directive which required contributions from developers to be channelled to a trust account maintained by the state DID director who would act as its controlling officer.

“MPSP’s failure to transfer the funds has resulted in many stalled flood mitigation projects.

“In 2016 alone, four places in central Seberang Prai were hit by flash floods 21 times.

“The rakyat are at the receiving end, all because MPSP wants to portray itself with a nice balance sheet.

“In the state assembly, the state government on April 2014, announced that it had increased the contributions from RM10,000 per acre to RM50,000 per acre.

“Did they spend part of the contributions on something else instead of drainage and irrigation or flood mitigation?” Muhammad Farid asked in a statement.

He said the Auditor-General also reported that MPSP’s Treasury Department was instructed to hand over RM400,000 annually to DID in 2010.

“That instruction did not get the approval from the state government. This is improper and action has to be taken.

“It is inappropriate for the local authority to make decisions behind the backs of the Chief Minister and state government.

He criticised MPSP for showing a lack of commitment in tackling floods.

“It is an irony that a local council which has won international accolades does not follow directives.

“The exposure by the Auditor-General has dented MPSP’s integrity.

“Its delay in handing over the contributions shows that it did not adhere to the state government’s CAT (competency, accountability and transparency) policy.

“Are they trying to secure another award — a local council with the healthiest coffers?”

MPSP president Datuk Rozali Mohamud said he would comment after reading Farid’s report in print.

Source: The Star

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Malaysian Public varsities, companies, GLC execs also recipients of EBA fake awards


Checks on local news reports show EBA bestowed ‘awards’ not just to Penang councils but also other Malaysian institutions.

GEORGE TOWN: Before the dust could settle on a shock expose that Penang municipal councils received “excellence” awards from a questionable outfit exposed by a UK newspaper, checks show that other Malaysian companies, universities and GLC execs were also recipients.

Checks by FMT show Malaysian companies, public universities and top executives of Malaysian government-linked companies had won awards from the dubious Europe Business Assembly (EBA) before.

UK’s The Times had alleged that EBA, run by Ukrainian businessmen, made use of the renowned Oxford University’s name and reputation to hand out awards to those who paid a sum.

According to EBA’s website, this year, seven Malaysian companies and their bosses were listed as award recipients.

Among them is a public-listed utilities company and an education provider.

Based on Malaysian news reports, past winners of EBA’s awards include three Malaysian public universities — namely Universiti Sains Islam Malaysia (USIM), Universiti Teknikal Malaysia (UTeM) and Universiti Malaysia Perlis (UniMAP).

USIM, UTeM and UniMAP received the “Best Regional University” award from EBA in 2013, according to a report by Utusan Malaysia on Dec 25, 2013.

Their vice-chancellors were reported in local Malaysian dailies to have won “Best Manager of The Year” in the same year as well.

One of the vice-chancellors was reported to have won “Best Scientist” separately from EBA’s “Oxford Summit of Leaders Science & Education”.

Another VC was reported to have won “The Name in Science” award, too.

EBA’s ‘International Socrates Award’

According to EBA’s website, the group is “an international corporation of social partnership” established in Oxford, UK, in 2000.

It lists developing and promoting social and economic links between companies, investors, education establishments, cities and countries worldwide as its main objectives.

The Times had reported that EBA advertises itself as an Oxford institution to sell “made-up prizes” such as “The International Socrates Award” and “The Queen Victoria Commemorative Award” for a price of up to £9,300 (RM52,000).

The report claimed the EBA outfit was run by Ukrainian businessmen, targeting areas where people had the financial power to buy such accolades.

A former employee told The Times that the outfit was told to focus on customers from the Middle East, eastern Europe and Russia “where the idea that money buys you credentials is still there”.

EBA was also revealed to have used images of Oxford colleges and even the same typefaces in its publicity materials.

It also claimed “exclusive” access to special lectures from Oxford, the report said.

However, the University of Oxford told the daily it has no relations with EBA.

“On the face of it, the guests gathered that evening did not have much to unite them.

Representatives from a Nigerian maritime security company rubbed shoulders with the vice-president of a Bulgarian mine.

“The founder of an international school in Malaysia mixed with the director of an Indian private medical institute,” The Times report read, in explaining the holding of an elaborate awards presentation ceremony.

Source: Free Malaysia Today (FMT)

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Penang Island City Council and Seberang
Perai Municipal Council accused of having paid for awards from a ‘bogus’ organisation, which was exposed by a UK daily.

 

State opposition also wants the DAP-led
government to reveal the costs of sending council officials to Italy and Switzerland to receive the awards. 

 

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