Datuk Shafie Apdal nabbed in MACC investigation


KOTA KINABALU: Datuk Seri Mohd Shafie Apdal has been arrested, a day before his 60th birthday and after nearly four hours of questioning by the Malaysian Anti-Corruption Commission.

Shafie, who was arrested at 9pm yesterday, is expected to be taken to the Kota Kinabalu High Court to be remanded today. MACC deputy chief commissioner (operations) Datuk Azam Baki confirmed the arrest.

The Parti Warisan Sabah president arrived at the MACC office at about 5.15pm yesterday, after flying in from Kuala Lumpur, to be questioned over projects implemented during his watch as Rural and Regional Development Minister between 2009 and 2015.

In a white shirt, Shafie Apdal was accompanied by his wife Datin Seri Shuryani Shuaib; Warisan vice-president Datuk Peter Anthony who was detained earlier and released on bail; and their lawyers Martin Tommy and Loretto Padua.

Before he left for the MACC office, Shafie told reporters at his Taman Gold View home: “We are willing to facilitate and when they called me, I flew back from Kuala Lumpur.

“It’s a process of law and we need to give our cooperation. We are not going to obstruct and I know that MACC is just doing its job.”

He also said that he was saddened by the detention of his two siblings – Hamid and Yusof – in the investigation but reiterated that MACC was just doing its job.

Urging his supporters to remain calm and to continue the party’s work, Shafie and a relative led a short prayer before heading to the MACC office.

Earlier, a crowd of supporters gathered at the Kota Kinabalu International Airport to greet him.

Later, Shafie was taken to Queen Elizabeth Hospital for overnight observation for having high blood pressure, said his lawyer and Warisan deputy president Darell Leiking.

MACC has so far arrested 10 people, including Shafie’s brothers, his nephew Warisan Youth chief Azis Jamman, Peter, Tenom Umno Youth chief Jamawi Jaafar and his Tawau counterpart Ariffin Kassim, Warisan media representative Armarjit Singh, Hamid’s son-in-law Manzur Hussein Awal Khan, a 52-year-old local contractor and a 40-year-old senior civil servant in Putrajaya, over the case.

Hamid, who was warded at Damai Specialist Hospital for health problems since Sunday has been released on MACC bail.

Magistrate Stephanie Sherron Abbie, granted Hamid bail at RM50,000 in two sureties.

MACC prosecuting officer Mohd Faliq Basirudin said Hamid’s remand was supposed to only end today but he was released earlier because the investigation on him was complete.

Stephanie went to Gleneagles Hospital later, for the release of Manzur, 37, who is also warded over health issues.

He was granted bail at RM30,000 in two sureties and ordered to report once a month to the MACC office.

Yusof is still in MACC custody.

 Source: by stephanie leeruben sario The Star





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Another government department, seriously? Beef up the existing enforcement agencies !


YET another government department is going to be set up. Isn’t it common knowledge that the Government has serious budget constraints and is not recruiting to add to an already bloated civil service? And now, another tale of bureaucracy is being spun.

No wonder Malaysian Anti-Corruption Commission chief commissioner Tan Sri Dzulkifli Ahmad is upset over the planned formation of the National Integrity and Good Governance Department (JITN)

Minister in the Prime Minister’s Department Datuk Paul Low has said the proposed department is expected to improve good governance in the civil service.

How would the JITN as a new and probably tiny department be able to do the job? It would probably involve plenty of miracles since there is a reported 1.6 million civil servants to deal with, although Cuepacs says the figure is only at 500,000. It will be a Herculean task to move this mountain of manpower for what’s needed.

Low must surely have good intentions in wanting to set up the JITN, but its objectives and plans remain, at best, vague, at this point.

Its name and role seem almost identical to that of the Integrity Institute of Malaysia (IIM) and Enforcement Agency Integrity Commission.

The IIM, the brainchild of then Prime Minister Tun Abdullah Ahmad Badawi, was set up in 2004 and continues to function.

Its website reads: “IIM’s role is to facilitate the aims and objectives of the National Integrity Plan (NIP). The main objective of IIM is to act as a machinery in the implementation of the NIP towards developing a nation that is of high integrity, resilient and that embraces universal good values.”

The key roles of the institute are: to conduct research related to the integrity of institutions and that of the community; to organise conferences, seminars and forums; to elicit opinions from various sectors on the progress made or on the obstacles faced in implementing integrity; to publish and circulate printed materials as well as formulating and implementing training and educational programmes; to recommend new policies for the enhancement of integrity and ethics; and to advise the Government on strategies and programmes in enhancing integrity.

The voice of cynicism is growing loud and people are questioning the functions of this department, more so if it has no bite. MACC has strongly objected to it, with Dzulkifli labelling it a waste of public funds.

Who can blame the graft buster for being disgruntled? His investigators are overworked and the department understaffed, under budget and now, suddenly, the MACC learns that a new department is to be set up.

If it has no powers and does not concern the MACC, then it is on its way to being another government department which publishes more reports that nobody reads and which will most likely end up gathering dust.

Dzulkifli, who is hard-pressed to secure a heftier budget for his department, has publicly objected to the setting up of JITN, saying the funds could be better used to enhance current enforcement agencies and the wellbeing of its staff.

“What needs to be done is improve and strengthen the laws, human resources and welfare of existing agencies.

“The Government should oversee the welfare of law enforcers. Go and see the conditions of police barracks. They are poorly maintained,” he said.

Dzulkifli urged the Government to re-examine the salaries and housing schemes of law enforcers.

“If we want to decrease corruption and abuse of power in enforcement agencies, the problem will not be solved if law enforcers do not have their welfare taken care of.

“I will defend them (law enforcers) when needed, and take action against them (if they do wrong).

“But we also need to see the state of their welfare,” he told reporters at a corruption-free pledge signing ceremony in Sungai Petani recently.

“Forming a new department will be costly and require hiring new staff. Their scope of duties will be similar to (that of) other law enforcers,” he added.

And even in less-than-ideal circumstances, the MACC has continued with its crime-busting duty, its stats backing up its hard work. Up to last month this year alone, the commission has arrested 728 individuals, including 349 civil servants, 215 members of the public and 151 from the private sector.

So far, 316 people have been accused of corrupt practices this year. Nearly half of them – 155 individuals – are from the civil service. Last year, only 113 civil servants had the long arm of the law catch up with them.

MACC statistics reveal that 1,629 cases (up to last month this year) involved civil servants, compared to 2,008 the whole of last year, with 654 cases concerning members of the public and 174 involving those from the private sector.

Until September this year, 432 investigation papers were opened against civil servants, compared to 526 last year. Half of that figure – 215 – implicated members of the public, 102 members of the private sector, and seven from other categories, including politics.

Up until last month, 756 investigation papers were opened.

Low said the Cabinet has given the green light for the setting-up of JITN to serve as a coordinating body to lead transformational changes in the public and private sectors.

He said the department would focus on good governance, integrity and human rights. How it will co-exist with Suhakam (Human Rights Commission of Malaysia) is something which needs explaining.

JITN received the Cabinet’s nod on July 28, and is currently under review by the Public Service Department pending final approval. The department was previously a division under Low in the Prime Minister’s Department.

There isn’t much the MACC can do now since the Cabinet has already approved the move.

But what the Government should consider doing is to beef up the MACC where manpower and resources are concerned, given the flurry of cases flying its way.

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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Graft destroys nature as Corrupt officers see no evil as environment is being ravaged


Humans Are Destroying the Environment

PETALING JAYA: They are supposed to be guardians of the environment, and yet “certain enforcement officers” are found to be tolerating illegal activities that are detrimental to nature – all for personal gain.

Pollution and unauthorised felling of trees, for instance, could be traced to those working in cahoots with the culprits, according to sources.

Several recent cases such as the illegal bauxite mining in Kuantan, flash floods in Cameron Highlands and the illegal sawdust factory in Kampung Sungai Lembu, Penanti, Butterworth, were all linked to abuse of power and corruption.

“Some of them are more inclined to soliciting and receiving monetary gains in lieu of their responsibilities in protecting the natural surroundings.

“As a result, it has created greater problems to the fragile environment at the expense of future generations,” said a source.

The source added that stern action needed to be meted out against these irresponsible officers in order to put a stop to the wanton destruction.

If nothing was done, it could lead to adverse effects to the people in terms of public health and safety, the source said.

“All enforcement agencies tasked to preserve the environment must be serious in discharging their duties diligently.

“In this regard, the Malaysian Anti-Corruption Commission (MACC) has done its part to send out a stern warning with numerous arrests and prosecutions in court,” the source said.

Over the past few months, scores of enforcement officers including those from the Customs, Land Office and local councils were nabbed on suspicion of receiving bribes to turn a blind eye on illegal activities detrimental to the environment.

The MACC also held several dialogues with NGOs and environmental groups through an Environmental Protection and Anti-Corruption Caucus to share information on corruption issues.

With this strategic collaboration, illegal activities such as illegal logging, river pollution and clearing of land could be prevented from recurring.

By Simon Khoo The Star/Asian News Network

Authorities fighting an uphill battle against ‘rape of hills’

PETALING JAYA: The authorities are waging an endless war against illegal loggers, with some enforcement officers even labelling the wanton destruction of trees as “raping the hills”.

Cases of such destructive activities in recent years include uncontrolled logging and illegal farming in Cameron Highlands, which polluted several rivers.

In April this year, a former Terengganu Forestry Department director was charged with accepting RM60,000 from a timber contractor four years ago as an inducement to approve a logging application for Hulu Terengganu Forest Reserve.

Two men were detained in the Bukit Bauk Forest Reserve in Dungun in November last year for removing evidence of illegal logging during an ambush by the Forestry Department. Some 400 tonnes of logs were reportedly seized.

In August last year, a Datuk Seri and two others were arrested in connection with illegal logging in the Cerul forest reserve in Terengganu. They produced a letter from a “high-ranking officer” to evade arrest but failed.

In Pahang, 11 people were detained by the Forestry Department for trespassing into forest reserves with the intent to steal high-value timber.

The Auditor-General’s Report 2015 highlighted illegal logging and encroachment in Perak forest reserves and said it was due to the lack of monitoring and effective enforcement by the Perak Forestry Department.

Logging in Kelantan has also come under scrutiny following allegations of illegal and uncontrolled logging being a possible cause of the 2014 floods in Kuala Krai.

In 2013, Kelantan-based NGO Young People against Corruption (Ombak) discovered rampant land clearing and wanton destruction of virgin forests in Kuala Krai and Gua Musang, affecting at least five hills stretching from the Pahang-Kelantan and Kelantan-Perak borders.

Ombak president Wan Khairul Ihsan Wan Muhammad described the destruction as the “rape of the forested hills”, adding that the activities were stealthily done in the middle of forest reserves to avoid detection.

Anti-graft officers out to stop illegal timber business

PETALING JAYA: Illegal logging, which has cost the country billions of ringgit in losses in taxes and revenue, is the latest target of the Malaysian Anti-Corruption Commission (MACC).

Remote area: A file picture of a suspected illegal logging site in Bakun, Sarawak, that was raided by the MACC.

Anti-graft officers will be focusing on this issue after tackling illegal land clearing, bauxite mining and unlicensed factories.

It is learnt that incidents of illegal logging are “quite rampant and extensive”, causing a lot of destruction to the nation’s fragile eco-system and environment.

Some of the illegal activities are believed to be taking place deep in the jungle, including forest reserves and catchment areas, hidden from public view.

The problem is made worse when some enforcement officers tasked with taking action against illegal loggers are believed to have turned a blind eye and worked in cahoots with illegal loggers.

In return, the officers are said to be promised a certain percentage from profits from the illegal activities every month, paying no heed to the destruction of the country’s forests.

It is learnt that these unethical officers are raking in tens of thousand of ringgit every month as kickback and side income to finance their lavish lifestyle.

MACC deputy chief commissioner (operations) Datuk Azam Baki said such illegal activities must be nipped in the bud before they cause irreparable damage.

“We have received very reliable information from the public on illegal logging.

“It is not just in one particular area, but in several states throughout the country, including Sabah and Sarawak.

“We have set up a few flying squads and they are now collecting evidence on the ground,” he said when contacted yesterday.

He said illegal logging has caused serious pollution, while natural disasters, such as flash floods and landslides could occur more rapidly, endangering the lives of the people.

Azam said the main focus of investigations will be on elements of corruption and abuse of power involving several enforcement agencies, their officers and logging companies.

“Once we have gathered all the necessary evidence, a sting operation will be launched to nab the culprits,” he added.

He said MACC would be moving into several states “very soon”, adding that “we are pretty serious in tackling this issue”.

He welcomed tip-offs from the people to assist in putting a stop to illegal logging and other activities detrimental to the environment.

“We will also work closely with NGOs and environmental groups to collect information,” he added.

In November 2014, the then Sarawak chief minister Tan Sri Adenan Satem declared war on illegal logging, saying Sarawakians must not tolerate corruption anymore because millions in revenue had been lost.

The state, he said, had gained a bad reputation internationally because of “this robbery which is carried out in broad daylight”.

The MACC swung into action with a massive crackdown dubbed Ops Gergaji the following year, and together with several agencies, some 400 bank accounts belonging to companies and individuals with about RM600mil were frozen.

About RM1mil worth of illegally felled logs were also seized.

By Simon Khoo The Star/ANN
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Corruption has no place in any culture


LATELY, we have been seeing many photographs and a lot of video footage of handcuffed men and women in orange T-shirts bearing the words “Lokap SPRM”.

These are people who have been arrested by the Malaysian Anti-Corruption Commission (MACC) in connection with its investigations. Lokap SPRM is the Bahasa Malaysia term for the MACC lock-up.

Some of these men and women have been or will be charged in court for offences such as offering or soliciting bribes and abuse of power. If they are guilty, they will be punished.
But what if the wrongdoing is partly to do with how the private sector operates?

If businessmen believe that greasing someone’s palm is an acceptable way to get ahead of the competition, and if a company’s culture tolerates or even encourages corrupt practices, why should the employees be the only ones held accountable when the authorities enforce the law?

It is not easy, however, to prove that a company has criminal intent.

This will matter less if there are provisions in the law that deem companies responsible if employees commit certain offences in the course of their work.

This concept of corporate liability for the crimes of employees has been introduced in countries such as the United States, Britain and Australia.

Malaysia has long talked about introducing such provisions.

In July 2013, for example, Minister in the Prime Minister’s Department Datuk Paul Low said the Government wanted to introduce a “corporate liability law”.

The idea is to hold boards of directors and CEOs of companies responsible for bribes given by their employees unless it is proven that there are measures in place within the organisation to prevent corruption.

Since then, Low and senior MACC officers have several times brought up this matter.

It appears that the plan is to either amend the MACC Act or to come up with a fresh piece of legislation.

At one point, Low said the Bill would be tabled by March this year and that the new provisions would come into effect in 2018.

However, the draft legislation has yet to reach Parliament.

The latest update was from MACC deputy chief commissioner (operations) Datuk Azam Baki, who was quoted in a Sin Chew Daily report this week saying that the Cabinet had approved the Bill for the Corporate Liability Act and that it would be tabled in October.

It is understandable if the business community is less than enthusiastic about this.

There is always the fear that an employer will be unfairly blamed for an employee’s lack of integrity.

There is also the well-worn argument that complying with additional rules and regulations will increase costs amid already challenging conditions.

It is likely, however, that the new provisions are applicable only if the companies cannot demonstrate that they have done all they can to prevent the offences, or if they are negligent in addressing the risks of such offences being committed.

We will have to wait and see.

Meanwhile, businesses should examine their practices and procedures.

It is definitely in the best interest of a company to ensure that its employees understand well that corruption is not part of its corporate culture.

For that matter, corruption should not be part of any culture.

– Sunday Star Says

Amend MACC Act to give it more bite

TRANSPARENCY International Malaysia (TI-M) hails the call by the Malaysian Anti-Corruption Commission (MACC) to amend Section 23 of the MACC Act 2009 to give it greater clarity so that corrupt practices and other related offences could be better tackled especially in state-owned enterprises (SOEs).

As stated by MACC deputy commissioner (Operations) Datuk Azam Baki, MACC needs more bite to act against corrupt public officials including ministers, assemblymen and politicians.

TI-M also supports MACC on the recently proposed new law known as “Misconduct for Civil Service Act”, where civil servants who caused substantial financial losses to the Government due to negligent acts or non-compliance with official policies or procedures would face criminal charges under this proposed new Act.

TI-M has been advocating for these amendments to the existing MACC Act for the past several years and hopes to finally see the light at the end of the tunnel.

Section 23 of the MACC Act 2009 prohibits “an officer of a public body” or public officials from abusing their power for any gratification for themselves or for their relatives. TI-M shares Azam’s opinion that many politicians are being appointed into SOEs and public interest entities (PIEs).

In addition, TI-M is also looking forward to the inclusion of the corporate liability provisions into the MACC Act 2009, which will ultimately hold companies accountable for corruption cases involving their employees.

Currently, when an employee is caught for corruption or bribery, he or she will face the consequences and can be charged individually. The company which the respective employee works for is not held liable for its employees’ acts, as in law the company not being a human person is not capable of having criminal intent.

With the introduction of the corporate liability provisions, companies can be held accountable for their employees’ involvement in corruption or bribery if they are found to have failed to take adequate steps to prevent such corrupt acts by their employees.

When this becomes a reality, employers in the private sector would have no choice but to initiate anti-corruption programmes in their companies/organisations to mitigate and eventually eradicate corrupt practices.

TI-M, meanwhile, has been encouraging companies in the private sector to adopt the ISO 37001 Anti Bribery Management System as an initiative to put in place all the preventive controls and systems while simultaneously getting the top management to commit to the elimination of any form of bribery in their organisations.

On the proposed Misconduct for Civil Service Act, any effort or law to address misconduct which results in loss of taxpayers’ money should be lauded.

However, we would like to raise the issue of whether the proposed law should only apply to civil servants. What about instances where orders or instructions come from politicians or persons in elected positions? Should they not also be held liable if proven to be involved?

Any proposed law should fairly apply to everyone involved in the decision-making process, and that includes politicians.

Azam has been reported saying that each year, the AuditorGeneral’s Report reveals a litany of malpractices among government departments and agencies, some of which are outrageous, for which the civil servants responsible should be charged with criminal offences instead of just disciplinary action under the domestic rules applicable to them.

TI-M supports these new measures proposed by the MACC and hopes that the Government will give due consideration and also fully support the same by effecting the necessary changes in the law. This would ensure that we plug the existing loopholes in our anti-corruption laws.

DATUK AKHBAR SATAR President Transparency International Malaysia

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Graft-busting to expand after Selangor Unisel deal and Penang cases


MACC raids Unisel, MBI and contractor’s office … – The Sun Daily

MACC officers conducting raids on University Selangor, Shah Alam on Aug 22, 2017. — Sunpix by Zulfadhli Zaki

 KUALA LUMPUR: After Penang and Selangor, more states can expect to come under the scrutiny of graft-busters.

“It has been ‘hot’ these days. What other states after this? Let’s wait and see,” hinted Malaysian Anti-Corruption Commission (MACC) chief commissioner Datuk Dzulkifli Ahmad during his speech at the launch of a play, Bahara Emas, which will be held from October to December nationwide in conjunction with the commission’s 50th anniversary.

He said more arrests and charges against the corrupt would take place from now until the end of the year, adding that the days were numbered for those still blinded by material possessions and money.

On allegations that the MACC’s actions on certain parties were “planned”, Dzulkifli stressed that they were not biased in their investigations.

“We don’t choose our targets. Whoever it is, whether they are politicians, civil servants or corporate figures, we will take action.

“Once a report is received and we have determined that it has a strong basis, we will carry out raids and seize documents.

“Once there is enough evidence, only then will we make arrests,” he said, adding that proper planning must be done before his officers moved in “at the right time”.

Earlier in his speech, Dzulkifli revealed his inspiration to make weekly arrests came from a 2015 Indian action movie called Gabbar Is Back, depicting the protagonist’s mission to rid corrupt officials.

“We want to empower the people to stand up and say no to corruption.

“Why? Because the MACC is here with you.

“We are the people’s voice and machinery,” he said.

Citing a case in Penang which caused pollution and another in Pahang over illegal bauxite mining, Dzulkifli said these cases happened due to issues of corruption and abuse of power.

He pointed out that those greatly affected by corruption were the people and not the ones in power, which was why “the MACC is here to carry out a probe”.

By Royce Tan The Star

MACC probes Unisel campus

 

 

 

 

SHAH ALAM: The Malaysian Anti-Corruption Commission (MACC) is currently conducting a raid at Universiti Selangor (Unisel) in Section 7 here.

Six uniformed officers from the national anti-graft body arrived at the campus here at 9.50am on Tuesday in two separate vehicles.

Upon entering the campus’ administrative building, the officers were greeted by staff members who brought them up to the offices.

The MACC is simultaneously raiding four other offices of Unisel, Mentri Besar Incorporated (MBI) and Jana Niaga Sdn Bhd offices in connection with the case.

Several uniformed officers from the MACC going in to the Unisel main campus’ administration office at 11.10am.

Uniformed MACC officers were also at the Unisel main campus in Bestari Jaya.

They are currently conducting a raid at the university’s administration office which is located inside the library building.

Three officers, meanwhile, arrived at the Mentri Besar Incorporated (MBI) office at Bangunan Darul Ehsan, in Shah Alam to conduct a raid.

In KUALA LUMPUR, anti-graft officers are raiding a Jana Niaga office on Jalan 4/76C.

Four officers arrived at 10.25am in a vehicle with heavily tinted windows to conduct the raid.

It is believed the MACC is acting on a report lodged with it against Selangor Mentri Besar Datuk Seri Azmin Ali and MBI over a dispute between Unisel and its contractor Jana Niaga.

It had been reported that Jana Niaga allegedly received monetary compensation and a new contract from Unisel, despite failing to complete a previous contract.

Source: The Star by danial albakri, m. kumar, andallison lai

Commission raids Unisel, MBI and contractor’s premises to investigate RM16mil payment

//players.brightcove.net/4405352761001/default_default/index.html?videoId=5547980550001

SHAH ALAM: The Malaysian Anti-Corruption Commission (MACC) carried out simultaneous raids on five locations in Selangor and Kuala Lumpur in its probe of RM16mil allegedly paid by a Selangor government-owned company to a private firm for maintenance work.

The places raided included the Universiti Selangor (Unisel) main campus and office, two offices belonging to the contractor – Jana Niaga Sdn Bhd – and the Menteri Besar Selangor Incorporated (MBI) office.

In all, officers took away 10 boxes and one suitcase filled with documents relating to the payment made by MBI to Jana Niaga for maintenance work of student accommodations at the Unisel main campus in Bestari Jaya.

MACC officers leaving the Jana Niaga office in Desa Pandan after the raid. Jana Niaga was responsible for maintenance work on student accommodations at the Unisel main campus in Bestari Jaya.

Sources said MBI had allegedly made the payment to Jana Niaga via two transactions of RM10mil and RM6mil in 2015 and 2016 respectively.

Initial reports received by MACC showed that MBI had paid Jana Niaga even though its contract had been terminated by Unisel.

The sources added that the MACC probe focused on the reasons why the payments were made even though Jana Niaga had failed to fulfil the contract agreement for the work done in Unisel in 2012.

MACC director of investigations Datuk Simi Abd Ghani said the investigating teams seized documents related to the case from the different locations.

“We’re still in the early stage of our investigations and we will gather strong and sufficient evidence before we proceed,” he added.

MACC officers raided the Unisel main campus in Bestari Jaya and office here, Jana Niaga’s offices in Desa Pandan and Bestari Jaya, and MBI’s office in Bangunan Darul Ehsan here.

At the MBI office, five MACC officers started their inspection at 10.45am and left at 5.50pm with a medium-sized suitcase and a box filled with documents.

Four boxes of documents were taken from the Unisel Treasurer’s office in Section 7 here at 4.30pm after the officers spent nearly seven hours there.

Other MACC officers also went to the Unisel main campus in Bestari Jaya, Kuala Selangor, and left with three boxes of documents at 4.50pm.

A Unisel spokesman said it would give its fullest cooperation to the MACC investigation.

In Kuala Lumpur, four uniformed officers went to Jana Niaga’s office in Jalan 4/76C in Desa Pandan at 10.25am and left carrying two large boxes of documents at 4.26pm.

When approached, one of the officers said the documents were from 2011 onwards. – The Star

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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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Reporting an offence is not defamation


Whistleblowers cannot be sued for libel or slander, rules Federal Court

 

PUTRAJAYA: A person who complains about an alleged offence to enforcement agencies cannot be sued for defamation for lodging those reports, ruled the Federal Court.

The court held that such reports to agencies such as the Malaysian Anti-Corruption Commission (MACC), the Commercial Crime Investigation Department (CCID) and the Registrar of Societies (RoS) are protected with absolute privilege.

The unanimous decision was made during the appeal brought by former Selangor Chin Woo Athletic Association president Datuk Dr Low Bin Tick.

Justice Aziah Ali said the three authorities in the case shared a common feature in which they were statutorily empowered with investigative powers.

“The purpose (of lodging a complaint) is to notify these authorities of alleged unlawful conduct and to set an investigation in motion and, if appropriate, to take the necessary action against the alleged wrongdoer,” said Justice Aziah yesterday.

The Bench set aside the decision by the Court of Appeal and the High Court. The lower courts had ordered Dr Low to pay RM500,000 in damages to another former Chin Woo president, Datuk Chong Tho Chin.

Yesterday, the Bench also awarded RM150,000 in costs to Dr Low.

Chong, who was Chin Woo president from 1991 to 2001, had filed four defamation suits at the High Court in 2007.

Chong claimed Dr Low, who was president from 2001 to 2005, had made unfounded and defamatory complaints regarding him in the letters to the three authorities in 2005.

The Federal Court said Dr Low’s letters to the authorities had alleged probable misuse of power, breach of trust, fraud and negligence.

“The common vein in these letters is the request for the authorities to carry out investigations and to take action, if appropriate,” Justice Aziah said.

On republication of a police report, the court held the issue did not arise for their consideration since it was not raised in the appeal.

But she said a person who repeats another’s defamatory statement without privilege may be held liable for republishing the same libel or slander.

The five-man Bench was led by Chief Judge of Malaya Justice Ahmad Maarop. Apart from Justice Aziah, also in the panel were Chief Judge of Sabah and Sarawak Justice Richard Malanjum and Federal Court judges Justices Hasan Lah and Ramly Ali.

Source: The Star by Nurbaiti Hamdan

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