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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Stop blaming past Penang govt’

 

 

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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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Political tone at Penang heritage do


Politics was the name of the game at George Town heritage event involving a wealthy Chinese community leader and the current and former Chief ministers of Penang.

IT is rare to see the current and former chief ministers of Penang together but there they were, sharing the same stage at a heritage event at one of the most historical sites in George Town.

But going by the expressions on their faces, they seemed less than thrilled unlike the host of the occasion, Zhang Wei Lu, who was seated between them.

Zhang, a wealthy and good-looking businessman and currently chairman of the Penang Chinese Clans Association, looked buoyant and confident even though he is embroiled in a brewing dispute with the state government. His composure was all the more remarkable given the news reports in the Chinese vernacular press about his personal life just days earlier.

At the heart of Zhang’s dispute with the state government is a heritage property in George Town known as “50, Love Lane” which is historically connected to the Ghee Hin secret society in the 1800s.

The trustees who oversaw the property have died, leaving behind a backlog of unpaid property charges that resulted in the property being forfeited by the state.

The association has been trying for years to redeem the property but things took on an accelerated tone after Zhang came into the picture and discussions with the state government became strained along the way. The ties were also marred by disputes over state allocations for the association’s cultural events.

Things came to a head last week at the association’s annual heritage festival.

The Chinese clans and guilds have long been a part of local politics in Penang and politicians tend to dance around them because of their perceived clout over the community.

Over the years, it has been the practice for the chief minister of the day to attend but relations with the state government had grown so awkward this year that Zhang’s invitations to the state exco drew a blank. Only one state exco said he would be there.

As a result, the association turned to former chief minister Tan Sri Dr Koh Tsu Koon to launch its event.

Dr Koh was said to be quite reluctant because he had made a clinical cut with all things political after retiring from politics. His status on Facebook is listed as “Writer” and he has been working on his memoirs.

It is understood that Dr Koh only agreed to attend after Zhang told him that Lim Guan Eng would not be able to make it. Dr Koh is not the confrontational type and he was not interested in getting into a conflict.

But according to Zhang, a day before the event, he was informed that Lim would be attending. It was too late to change the arrangements and that was how Zhang found himself sandwiched between the sitting and former chief ministers.

That was when things took a rather political turn. Zhang made what some thought was a rather political speech. He praised Dr Koh for his contributions to the state and thanked him and the former state government for laying the foundation for George Town’s Heritage City status.

There is a Chinese saying, jie dao sha ren (borrow a knife to slay someone), and those watching on could see that Zhang was using Dr Koh to hit out at the state government.

It was a significant moment because members of the former state government had been treated like the proverbial black sheep since 2008 and Dr Koh had been like some kind of invisible man in Penang where he lives.

“It was the first time a big Chinese association had openly acknow­ledged and thanked Dr Koh for his contributions,” said Gerakan politician Dr Thor Teong Ghee.

Zhang also used the occasion to hit out at politicians for their “dirty politics” and for attacking him on personal matters.

He was referring to Chinese press reports quoting some DAP politicians who had dug into Zhang’s academic background.

The Chinese media often refers to him as “Dr Zhang” but checks by the DAP side showed that he did not complete his medical studies in Taiwan and they also questioned reports that he had furthered his studies in the Philippines.

There was also an awkward protocol moment which some thought was disrespectful to the Chief Minister. Normally, the highest ranking guest speaks last but Dr Koh was the final speaker.

The former and current chief ministers are as different as night and day and it was reflected in their respective speeches.

Lim was his usual combative self. He elaborated on his achievements for Penang and at one point, he sort of challenged Dr Koh to contest the general election and let the people decide on who they wanted.

But he did indicate that the state government would abide by the law on the “50, Love Lane” issue and he urged the association to consult their lawyers to find a solution.

Dr Koh played the gentleman po­li­tician. He said Penang’s Heritage City status was a long and challenging effort that would not have been possible without the input of his state exco members and the backing of the federal authorities.

“It is also the success of the people, of the different races, so we have to preserve it for the future generations,” he said.

The issue of “50, Love Lane” has become more complicated now that it has strayed into political waters.

Jelutong MP Jeff Ooi, who has a weekly column in the Penang-based Kwong Wah Yit Poh newspaper, had written on the issue: “Politicians and office-bearers come and go but the assets of the community are forever. We have to think of the long-term interests of the community. We have our expiry date and his (Zhang) expiry date is May next year.”

It was a signal to Zhang that his term as association chairman will end in May and he should not delay the legal process if he wants to be part of the solution.

Is the “50, Love Lane” issue a sign of the shifting tides in Penang Chinese politics?

Source: The Star by Joceline Tan

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Dismayed over the exorbitant engineering consultancy fees, 4 times higher !


GEORGE TOWN: Barisan Nasional leaders have criticised the Penang Government for allegedly over-paying, by four times, the detailed design fees of three road projects.

“Construction is not a new industry. Many people are puzzled by the exorbitant consultancy fees,” said Penang MCA secretary Tang Heap Seng in a press statement yesterday.

He said the Board of Engineers Malaysia (BEM) devised a standardised gazetted scale of fees for professional engineering consultancy in accordance with Section 4(1)(d) of the Registration of Engineers Act 1967 (Act 138), and it was highly irregular to deviate from it.

Yesterday, it was reported that Barisan’s strategic communication team sought the professional opinion of BEM on the costing of the three paired roads.

The board was said to have replied that the RM177mil in detailed design costs was four times higher than the maximum allowed under the gazetted scale of fees, which the board calculated to be RM41mil.

The three roads are from Teluk Bahang to Tanjung Bungah, Air Itam to Tun Dr Lim Chong Eu Expressway and Gurney Drive to the expressway. They are meant to be a traffic dispersal system for the proposed Penang Undersea Tunnel.

Penang MCA Youth chief Datuk Michael Lee Beng Seng also issued a statement, pointing out that the alleged overpaid amount of RM136mil was more than the reported RM100mil the state spent on flood mitigation in the last eight years.

“We are shocked that the Penang government has put the well-being and safety of the rakyat behind the interests of consultants and contractors.”

Gerakan vice-president Datuk Dr Dominic Lau highlighted that affordable housing, flash floods and landslides were issues that concerned Penangites.

On Tuesday, Barisan strategic communications director Datuk Seri Abdul Rahman Dahlan announced that he was giving the Penang Government a week to explain BEM’s findings, failing which the matter would be referred to the Malaysian Anti-Corruption Commission.

When asked to comment, Penang Chief Minister Lim Guan Eng replied: “Another day.” – The Star

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Penang Chief Minister may have too much on his plate, be fair when sharing power


 

CM may have too much on his plate

GEORGE TOWN: Penang Gerakan has questioned the efficiency of Chief Minister Lim Guan Eng as the chairman of numerous state-linked agencies and departments.

Its publicity bureau chief Ooi Zhi Yi said that besides being the chief minister, the Bagan MP and Air Putih assemblyman chairs 11 agencies and departments.

“He was recently also appointed chairman of the Penang Stadium Corporation And Open Spaces at the state assembly sitting,” he said.

Ooi asked what had happened to the DAP’s decentralisation of administration and power-sharing policy which it claimed to advocate?

“Is Lim able to handle various responsibilities in different agencies and departments simultaneously?

“Why can’t the state government identify any state executive councillor or assemblyman to hold some of the posts?” he further asked at a press conference at the Gerakan headquarters yesterday

The 11 state agencies and departments which Lim heads are the Penang Development Corporation (PDC), PBA Holdings Bhd (PBAHB) and its unit Perbadanan Bekalan Air Pulau Pinang (PBAPP), Penang Global Tourism (PGT), Penang Hill Corporation (PHC), Penang Convention and Exhibition Bureau (PCEB), George Town World Heritage Inc (GTWHI), the Penang State Museum, investPenang and two subsidiaries under PDC namely the BPO Premier Sdn Bhd and Premier Horizon Ventures Snd Bhd.

When contacted yesterday, Wong Hon Wai, who is Lim’s political secretary, said it is a customary process for a state leader to hold important positions in all the government statutory bodies.

“It is similar to how the Prime Minister and Mentri Besar chair important government bodies,” he explained. – Tbe Star

‘Be fair when sharing power’‘

GEORGE TOWN: The MCA wants the Penang government to create a check-and-balance to counter the Chief Minister’s influence in 19-state linked agencies, statutory bodies and government subsidiaries which he helms.

Penang MCA organising secretary Dr Tan Chuan Hong said the mechanism must include NGOs such as the Penang Forum, Consumers Association of Penang and Penang Heritage Trust.

He said the NGOs should have the right to oppose and express their views whenever needed.

He said Chief Minister Lim Guan Eng had in a written reply to Sungai Dua assemblyman Muhamad Yusoff Mohd Noor at the recent state legislative assembly sitting revealed that he was the chairman of 19 bodies.

“This is not only shocking but also contradicts the CAT principles of Competency, Accountability and Transparency which the DAP-led state claims to practise.

“Where is a person’s credibility if he holds all positions which are closely associated with his position as chief minister. And what about the power-sharing principle advocated by the state government?” Tan asked.

He said since Lim ‘monopolised’ most of the chairman positions, state exco members such as Chow Kon Yeow, Danny Law and Jagdeep Singh seemed to be given merely supplementary roles to play.

Among the bodies helmed by Lim are the Penang Development Corp (PDC), Penang Global Tourism, PICEB Sdn Bhd, PGC Strategies Sdn Bhd, Penang Water Supply Corp Bhd (PBAPP), PBA Holdings Bhd, Penang Hill Corp, Invest Penang and the state museum board.

He gets an annual RM10,000 allowance as PDC chairman, RM3,000 monthly allowance as PBAPP chairman and RM500 monthly allowance as PBA Holdings Bhd chairman.

Lim also gets allowances which range from RM250 to RM500 per meeting that he attends in some of the statutory bodies and subsidiaries that he helms. – 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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Critical time for DAP leader, Penang Chief Minister Lim Guan Eng


 

Video: //players.brightcove.net/4405352761001/default_default/index.html?videoId=5010689338001

There has been widespread sympathy for Penang Chief Minister Lim Guan Eng but he is under pressure to walk the talk and take leave while he clears his name in court.

IT was almost 7pm but the sky was still bright when a convoy of cars emerged from the underground car park of Komtar, Penang.

The only hint that this was no ordinary caravan of vehicles was the flashing lights and siren from an accompanying police car.

The moment had finally come after weeks of speculation. Penang Chief Minister Lim Guan Eng had been arrested and was being escorted to the MACC headquarters to be charged in court the next morning.

It has been a spectacular fall from grace for the DAP leader who rose to power on an awesome wave of popular support and who is known as “Tokong” among the Penang people.

Lim has claimed trial to two charges, one of which pertains to using his position to benefit his wife Betty Chew and himself in the rezoning of a piece of land belonging to a private company known as Magnificent Emblem in 2014.

Another charge is related to his purchase of a bungalow from businesswoman Phang Li Koon a year later at below market value.

Phang, a mysterious figure until thrust into the media spotlight, was charged with abetment in the property transaction.

Gossip and speculation about the nature of the charges have been brewing among the cafe society but everything should be clearer when hearing begins towards the end of the year.

Lim is not the first political head of state to have waded into troubled waters.

Former Selangor mentri besar Dr Mohd Khir Toyo is now on parole after spending six months in jail for purchasing an under-valued “Balinese palace” from a company that had business links with the state government.

Another former Selangor mentri besar, Tan Sri Muhammad Muhammad Taib, also lost his job following the Australian Gold Coast affair that saw him charged with possessing undeclared foreign currency.

The late Datuk Seri Harun Idris was forced by Umno to resign in the 1970s after he was charged for corruption.

Lim is also not the first to resist taking a leave of absence after being charged in court.

Former Sabah chief minister Tan Sri Joseph Pairin Kitingan clung on after being charged for corruption. He was eventually found guilty but his penalty was not great enough to cost him his seat.

But Pairin’s time was old politics and this is supposed to be the era of new politics.

The DAP central executive committee has given Lim a ringing endorsement to stay on in his job on grounds that “there is no question of conflict of interest as Lim has no influence or control over the prosecution”.

It is only expected of DAP to stand by their top leader because if the top man falls, the party will become shaky.

But it also means that DAP is unable to walk the talk. The party is famous for asking others to step down over issues big and small but is unable to live up to the same principle when it involves one of their own. It will be hard for the party to judge others from now on.

It has put DAP figures like their Selangor chairman Tony Pua in an awkward situation. Shortly after the bungalow issue erupted, Pua had said there was no need for Lim to go on leave unless charges were brought against him.

He was quoted in a pro-Pakatan Harapan news portal as saying: “When charged, then (the person) should take time off.”

But legally speaking, the Chief Minister does not need to go on leave even with these kind of charges hanging over his head.

According to a Selangor judicial figure, forcing him out would be pre-judging him.

“He can still chair meetings, make decisions over land and development and sign documents. He can even go on with that tunnel thing.

“But having said that, a politician’s life is not only about legalities but also perception. He is representing a party that lectures others what to do. Can they still do that?” said the judicial figure.

Moreover, the Chief Minister’s focus, said the judicial figure, will now be divided between his case and running the state. There will be complications as the court case drags on.

Lim may not have influence or control over the prosecution but as the Chief Minister, he has control over the civil servants who may be called to testify in his case.

It will be awkward for potential witnesses who are his subordinates because not many people would be comfortable going to court to testify against their boss.

His presence would also bring uncertainty to the state and investors do not like uncertainty.

Still, it is his call and he has the full support of his party including that of party doyen Dr Chen Man Hin whose reputation is impeccable.

The charges against Lim are quite serious and it is only natural that he is doing what it takes to defend himself. Being Chief Minister will give him that much needed clout and back-up to face the complications ahead.

Besides, there is talk of new charges in the works related to the Taman Manggis land and also involving a company with links to “Miss Phang”, as she is known.

But there is also another side to the story why DAP is reluctant to have an acting Chief Minister take over from Lim.

Lim’s deputies are Deputy Chief Minister I Datuk Rashid Hasnon from PKR and Deputy Chief Minister II Dr P. Ramasamy from DAP.

Either one of them could act in Lim’s place if he goes on leave. But the sentiment in this Chinese-dominated party is that senior state executive council member Chow Kon Yeow should be the acting Chief Minister.

DAP would look terrible if Chow leap-frogs over the two deputies. It would only reinforce the perception that DAP is a Chinese chauvinist party.

However, if either Rashid or Dr Ramasamy takes over, the party’s right-wing Chinese base would be badly affected. Caught between the devil and the deep blue sea, DAP probably thought it would be better for Lim to remain at the top.

DAP leaders have slammed the charges as baseless and an attempt to topple a democratically elected leader. It is quite clear they intend to approach this as a political trial and to win over the court of public opinion.

A lot of Lim’s time will be spent convincing the public that he is innocent and a victim. Events like “Walk with Guan Eng” and “Session with the People” have been planned for today.

His supporters have tried to liken his dilemma to what Datuk Seri Anwar Ibrahim went through in 1998. It is not the best of comparisons given that Anwar was able to galvanise a whole generation of young Malays who flooded the streets in anger.

What DAP may have failed to take note of was that many Chinese intelligentsia have been wary of Lim’s leadership since the Mercedes-Benz episode. Lim had opted for a Mercedes S300L as his official car a mere three months after the state purchased a new fleet of Toyota Camry for the state leaders.

This was evident in comments by the Huazong chairman of Negri Sembilan, Lau Zhi Wen, who is as anti-Barisan Nasional as one gets and has often run down the 1MDB issue.

Lau’s comments in the wake of the court case have gone viral among the Chinese-speaking circle.

He recalled the early days when Lim flew economy class and provided hope for change and greater transparency. He said the people had longed for another Datuk Nik Abdul Aziz Nik Mat who was respected for his simple lifestyle.

But Lau said that Lim changed after winning by a bigger majority in 2013.

“Many said you grew arrogant, others still deify you. You changed cars, flew business class and bought a RM5mil bungalow for RM2.8mil,” he said.

Lau said he had high expectations of the Penang Chief Minister but would no longer speak up for him.

The Chinese vernacular press that would have once defended him to the hilt was also visibly neutral. The thing is Lim does not have as many friends in the Chinese media as when he started out as Chief Minister.

The Chinese vernacular media was instrumental in helping to propel DAP to power. They put Lim on a pedestal but now, eight years down the road, many of them have stories to tell about how they were treated by Lim and his staff and they are not pleasant stories.

The same goes for some of the lawyers watching the drama at the Penang courts on Thursday. A few years ago, they would have come out for him but on that day, their response was: “Let justice take its course.”

DAP is hopeful and confident that the court case will swing sympathy and support towards Lim and arrest the resurgence of support for Barisan.

They are painting their secretary-general as a victim of selective prosecution. Lim has also been trying to tug at the heartstrings with famous sayings that he would prefer to die standing than live on bended knees, and playing up his overnight detention at the MACC headquarters.

The court case proper has yet to start but the court of public opinion is already in session.

By Joceline Tan

 

Who’s is who?

Judge:
Judicial Commissioner Datuk Azmi Arifin

Accused:
1. Lim Guan Eng 2. Phang Li Koon

Prosecution:

1. Attorney-General Tan Sri Mohamed Apandi Ali 2. DPP Masri Mohd daud 3. DPP Mohd dusuki Mokhtar 4. DPP udiman lut Mohamed 5. DPP Mohd Ashrof Adrin Kamarul 6. DPP Mohd Zain Ibrahim 7. DPP Muhammad Fadzlan Mohd Noorbr

Lim Guan Eng’s counsel:

1. Gobind Singh Deo (lead) 2. Ramkarpal Singh 3. R.S.N Rayer 4. M. Kulasegaran 5. P. Subramaniam 6. M. Manoharanbr

Phang Li Koon’s counsel:

1. Datuk K. Kumaraendran (lead) 2. Dev Kumaraendran 3. Raj Shankar 4. Chetan Jethawanibr />

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