Will leaving BN save you from prosecution? Money laundering - what is it? Get back Malaysians' money?

IT is only just that all persons who 'abused' their powers and allowed monies and/or opportunities to flow to themselves, their family and/or friends should not be allowed to escape after taking Malaysian people's monies. These monies that belong to the Malaysian people need to be recovered at all cost. This will include 'dirty' money (or laundered money). All recipients of such money that really belongs to Malaysians cannot simply keep it - it must be recovered, and maybe even the recipients of such money should be investigated and charged... 

MONEY LAUNDERING - read article below for better understanding

Why are UMNO members and MPs leaving UMNO(and maybe also BN component parties)? Are they hoping that by so doing, and maybe joining one of the Pakatan Harapan parties or becoming 'friendly' with some of main leaders, MAYBE...the law will not come after them?

Initially, it was just Najib who was charged in court ...and maybe many others who were involved or did wrong may have felt that the Malaysian peoples' anger would simply be settled with the prosecution of just the former Prime Minister...BUT then this new government and this new Attorney General is demonstrating that no one who did wrong will go scott free, still able to enjoy the 'wrongly' obtained wealth...

When  lawyer Shafee Abdullah was charged in court, that was an indication that this Pakatan Harapan government, especially our new Attorney General Tommy Thomas was serious...

It was made clear that they were not simply going to focus on Najib ....but were also going after others that received these 'monies' ...

Shafee's first 2 charges was really just about 'by receiving proceeds of unlawful activities' or 'dirty' money ...so how many others also received such monies from Najib...or maybe even matters connected to 1MDB...After all, Najib had always stated that the billions of ringgit found in his personal account was used for BN...for the elections...

We know about Najib's brother that received some money which he disbursed to unknown number of persons...Najib also alleged it was used for elections ...so, it could have been received by any number of UMNO-BN MPs, leaders and even branches. ...thus, they could also very easily find themselves being charged in court very soon....

Nazir Razak - Receives RM28 mil(USd7 mil) from Najib and cash money was disbursed to politicians? - No wrongdoings? No Investigations?

I was asked by my brother/party president to urgently help pass on cash to party machinery"

RECOVER THE MONEY BELONGING TO MALAYSIANS - well, for those who received this 'dirty' money may also end up losing their BMWs, their homes, etc ...as these monies taken wrongly that belongs to Malaysians and the government must be recovered, and recovered it must ...no letting go some persons...even if they left UMNO and joined some Pakatan Harapan party...

The second charge against Shafee was concerning 'Income Tax' - if one do not declare all their earnings/income to the tax authorities,this is wrong and you can be pursued and even charged in court.

Now, in UMNO, we know that monies are being 'secretly' given to certain members - hence rather that simply transferring the monies directly to the recipient's accounts, or sending him a cheque..(i.e. transactions that will have records and a money trail), the monies are given to certain individuals who then hand over cash to certain recipients - an action that makes us suspicious of why the end-recipients and the amounts are kept 'secret'? Does it not?

The going after the guilty and recovering people's monies that now the Pakatan Harapan is doing needs to be commended...I do not recall a similar thing happening in Selangor to such extend when the then Pakatan Rakyat took over...

It makes me wonder if Anwar Ibrahim, and not Mahathir, was the Prime Minister - would this be happening? 

Some, even in Pakatan Harapan today. may also have worries if they too were in the past guilty of similar offences, or maybe even recipients of such 'laundered money' that really belongs to the Malaysian people...Well, maybe best for them to come clean first, and return back to the government such monies...and maybe apologize?
    
One wonders whether the earnestness of Anwar Ibrahim wanting to become MP and possibly try to become Prime Minister fast ...may simply be an attempt to stop these ongoing investigations and prosecutions, which will not allow 'culprits' to simply continue enjoying the wealth arising from monies wrongly taken from Malaysians? Maybe not?
  

What is money laundering?

Posted on 24 September 2018 - 12:33pm

Gurdial Singh Nijar

FORMER prime minister Datuk Seri Najib Abdul Razak has been slapped with numerous counts of money laundering. As has lawyer Tan Sri Shafee Abdullah. Under a law that goes by the mouthful of a title – Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

The public is intrigued. What is this crime of money laundering?

Malaysia brought the newly minted law into effect in 2002 to deal with persons who clean dirty money to conceal its illicit or criminal source. This includes stolen money and presenting it as money acquired from legal sources.

"Laundering" is akin to washing. The culprit can thereafter use it freely as though it is legitimately acquired. Property derived from money laundering can be forfeited.

How is it done?

Money is distanced from its criminal origin by a variety of methods. One is by placing it into bank accounts or broken into many smaller value transactions ("smurfing") and used or distributed.

To prevent the tracing of funds, multiple complex transfers are done through bank accounts or wire transfers ("layering"), often through banks of several countries to camouflage the illegal source.

Finally, the illegal money is integrated into the economy by, for example, the purchase of property (luxury condos, jets, yachts and the like) and other high-value goods.

Pink diamonds

Because it is easy to move around and hide, dirty money is hidden increasingly through buying precious stones and jewellery – such as diamonds. These can easily be converted into cash.

Pink diamonds are particularly targeted because they can sell for 40 times more than white diamonds. Consequently, the Paris-based Financial Action Task Force, which assesses the ability of countries to fight illicit financial flows, had in 2016 flagged Australia – which produces 90% of the world's pink diamonds – the risk of their use for money laundering.

Last month, Singapore proposed a new law requiring dealers of precious stones and metals to be registered and to report suspicious transactions and other reports, and perform customer due diligence for cash transactions over S$20,000 (RM60,611). As well as keep records of money laundering.

Wide scope

The net is cast wide to catch any form of activity to launder money. This includes persons who:

>> Participate, directly or indirectly, in a transaction involving the proceeds of an unlawful activity.

>> Acquire, receive, possess, disguise, transfer, convert, exchange, carries, disposes of or uses proceeds of such activity.

>> Brings such proceeds into Malaysia.

>> Conceals, disguises or impedes the establishment of the true nature, origin, location, movement, disposition, title of, rights with respect to, or ownership of, proceeds of such activity.

The penalty: Imprisonment for a term not exceeding 15 years as well as fine exceeding five times the sum or value of the proceeds of such activity at the time the offence was committed or RM5 million, whichever is higher.

Source ignorance

It is not so easy for an accused to feign ignorance of the receipt of the laundered money. The court will examine the evidence and infer that he:

>> Either knows or has reason to believe or has reasonable suspicion that the property is the proceeds of an unlawful activity; or

>> Without reasonable excuse failed to take reasonable steps to ascertain whether or not the property is the proceeds of an unlawful activity.

Reporting

The law requires banks and other listed institutions to report any cash transaction above RM50,000 to Bank Negara Malaysia (BNM) as well as any transaction that gives the bank reason to suspect that the transaction appears unusual. Or has no clear economic purpose, or that cannot be matched with, for example, the income level of the customer. BNM must then ask the account holder to justify the transaction and provide the source of the money.

Additionally, there is an obligation to declare the receipt of cash from another country into one's bank account.

1MDB-related convictions

So far, Singapore courts have jailed three persons for money laundering offences linked to 1MDB.

>> Yvonne Seah, a former Swiss BSI banker for aiding in forging documents and failing to report suspicious transactions allegedly related to Malaysian financier Jho Low. Jho Low was identified by Singapore authorities as a key person in its 1MDB-linked probe.

>> Her supervisor, Yak Yew Chee, for similar offences.

>> Former BSI wealth planner, Yeo Jiawei, for money laundering and cheating in relation to misappropriated billions from 1MDB.

BSI bank was shut down by the Monetary Authority Singapore in May 2017.

Last month, a Singapore court ordered the return of RM46 million misappropriated from 1MDB and SRC International. Millions more are expected to be recovered shortly.

Other jurisdictions

Switzerland's attorney-general has promised to return stolen 1MDB-funds to Malaysia. A process long delayed because then Malaysian attorney general (and former Federal Court judge) Tan Sri Apandi Ali refused to cooperate in the Swiss 2016 investigations.

The US is in full throttle for the recovery of properties (luxurious apartments, paintings) seized in relation to 1MDB.

Malaysia

While the rest of the world was, and is, ablaze recovering properties and levying charges in relation to the biggest ever kleptocracy scandal, in 1MDB's home country, the alleged perpetrators remained insulated. That is, until Najib was deposed in the May 2018 general elections.

Now the drama climaxes as charges after charges are rolled out against those who allegedly partook of the stolen monies.

Gurdial Singh Nijar, a former University of Malaya law professor, currently practises law. Comments: letters@thesundaily.com - Sun Daily, 24/9/2018

Shafee charged with money laundering, tax evasion

By NST - September 13, 2018 @ 1:44pm

KUALA LUMPUR: Prominent lawyer Tan Sri Shafee Abdullah was charged with two counts of money laundering at the sessions court at Jalan Duta here today.

The charges – relating to a RM9.5 million payment he received from former prime minister Datuk Seri Najib Razak – were filed under Section 4 (1) (b) of the Anti-Money Laundering and Anti-Terrorism Financing Act (AMLA) 2001.

Shafee was also charged under the Income Tax Act with two counts of making false declarations to the Inland Revenue Board for not including the RM9.5 million in his tax filing for the year.

The Umno lawyer pleaded not guilty to all four charges.

On the first and second counts, Shafee is alleged to have involved himself in money laundering activities by receiving proceeds of unlawful activities via two cheques belonging to Najib totalling RM4.3 million and RM5.2 million respectively, on Sept 13, 2013 and Feb 17, 2014.

The offences were allegedly committed at the CIMB Bank Bhd in Taman Tunku, Bukit Tunku, here.

On the third and fourth counts, Shafee is alleged to have committed acts contrary to Section 113(1)(a) of the Income Tax Act 1967 by omitting the income he received on Sept 13, 2013 totalling RM4.3 million, and on Feb 17, 2014 totalling RM5.2 million.

He was accused of committing the offences at Lembaga Hasil Dalam Negeri, Duta branch, Government Complex at Jalan Tuanku Abdul Halim here on March 3, 2015 and June 29, 2015.

All four charges were made under Section 4(1)(a) of the Anti-Money Laundering and Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).

Malaysian Anti-Corruption Commission (MACC) deputy public prosecutor Ahmad Akram Gharib offered RM2.5 million bail to be imposed on the accused.

The judge then allowed RM1 million bail with two sureties and ordered that Shafee surrender both his passports to the court until the disposal of the case.

The judge also allowed Shafee's lawyers’ application for half of the bail amount to be paid today and the rest by Sept 18.

Shafee's case will be up for mention on Oct 2.

The lawyer was detained by the Malaysian Anti-Corruption Commission (MACC) early this morning.

He arrived at the court here at 11am, escorted by 10 MACC officers.

As he entered the complex, Shafee told reporters that charges brought against him are an act of ‘victimisation.’

Deputy public prosecutor Datuk Seri Gopal Sri Ram led the prosecution team, while Shafee was represented by counsels Harvinderjit Singh, Chetan Jethwani, Datuk Hasnal Rezua Merican, Rahmat Hazlan and Muhammad Farhan Shafee.

It was reported that Shafee received RM9.5 million from Najib to lead the prosecution team in Datuk Seri Anwar Ibrahim’s sodomy II appeal trial in 2015.

An affidavit which names Siti Rahayu Mohd Mumazaini alleges that two cheques were issued by Najib – one on Sept 11, 2013 for RM4.3 million and another on Feb 14, 2014 for RM5.2 million.

Shafee allegedly received RM9.5 million in two tranches of RM4.3 million and RM5.2 million in his bank accounts on Sept 13, 2013 and Feb 17, 2014, respectively.

Rahayu said the information was obtained by the MACC following a probe into Shafee under AMLATFPUAA. - New Straits Times, 13/9/2018

GLCs - Catching 'kleptocracy' criminals inadequate - Laws and policies to prevent future wrongdoings needed?

All these KLEPTOCRACY is happening in GLCs and government owned/controlled companies - and simply catching and prosecuting criminals who used these GLCs to steal away the peoples' monies is simply not enough. Laws and procedures need to be put in place to prevent any future wrongdoings of these kind...If not in a few years, we may simply be after current Pakatan Harapan-led government politicians and 'political appointees' doing the same thing ...thus the people will always be the victims.

Malaysians were shocked about how government-owned companies and Government-Linked Companies(GLCs) have been operating - how the peoples' monies(government monies) have been lost not simply by reason of efficiencies/mistakes but also kleptocracy and corruption. The past government placed 'political appointees'(many of who were from the ruling parties, former/current MPs/ADUNs) and interestingly many of these CEOs, Upper Management and Directors were paid unjustly high salaries/allowances... some even way higher than even the salaries/allowances of Prime Ministers, Chief Ministers and Ministers..

Now, the Auditor General, as of right do not even audit these GLCs - and make these reports available to the Public. The Federal government and State Government should really do the needful to ensure that the Auditor as of right audits, and provide reports of all these GLCs...maybe even be required to submit the reports in Parliament/State Assemblies.

Changes needed fast:-

* Legislations that control the wages/allowances of CEOs, Upper management and even Directors. No more should wages/allowances be exorbitant and certainly never higher than RM15,000 for even the CEOs. A share of the profits annually, could be be given as 'Bonusses' for CEOs, Management staff, workers if there is a profit...as an incentive. If there are no profits for the Malaysian people - why 'reward' the persons responsible for the well-being of Malaysian GLCs and government wholly owned companies.

CEOs of government owned companies earn more than PM, Ministers, Menteri Besar ?

* Auditor General should audit annually all GLCs, and these reports must be presented to Parliament and also made public. This will decrease wrongdoings.

* On-going monitoring of GLCs by Parliament through Select Committees set up for GLCs. There are so many GLCs so, it is only wise to have many different select committees maybe monitoring these GLCs according to sectors. Such Parliamentary Commitees shall have the power to receive complaints and also conduct public inquiries. They should also have the power to direct relevent agencies to conduct investigations, and even prosecutions. One PAC is insufficient.

Hard to probe into MAS as it’s a GLC, says Parliament's Public Accounts Committee (PAC)?

* GLCs primary objective is to make profits that will be channeled back to government to be spend for the various areas of concern. Some private companies do expend monies under the guise of 'Corporate Social Responsibility'(CSR) - well, GLCs and government owned companies no need for CSR - simply channel profits back to government for use. [No need for GLCs to sponsor those going for Haj(this is duty of government and/or Lembaga Urusan Tabung Haji), no need to sponsor football teams(this is the Sports Ministry's responsibility and maybe the State government, no need to provide scholarships, etc. All CSR activities involves expense and it eats into company profits. Some companies do SCR to obtain 'tax exemptions' - well, taxes go to government. No need for GLCs to avoid taxes.

"Pada tahun ini, skop peserta program yang ditaja sepenuhnya Yayasan 1Malaysia Development Berhad (1MDB) ini turut diperluaskan kepada ahli Majlis Guru Besar dan Majlis Pengetua, Majlis Agama Islam serta pesara kerajaan.

"Sehingga tahun lalu, seramai 5,700 orang sudah menunaikan haji melalui program berkenaan," katanya. - Berita Harian, 23/1/2018

* Directorship - No more political appointees, and if an MP/ADUN or civil servant is appointed, then they shall not receive any extra allowances/wages because they already are paid public servants - and this must be part of their duties. Directors are responsible for the running of GLCs(and we are still waiting for the Directors of 1MDB, SRC and other related companies to be charged in court). They allowed this 'kleptocracy' and need to take responsibility. We need professionals and business experts as Directors - because they 'decide' on the actions/omissions of the company?

See earlier related posts:-

Polisi Syarikat Milik Kerajaan dan GLC - yang memastikan tak ada peluang kleptocracy atau pelupusan wang rakyat?

1MDB? GLCs? WHAT CAN BE DONE by Federal/State governments to avoid 'kelptocracy' and abuses?

Najib responsible for Malaysia's financial problems? Leakages? NO?

Gov’t has guaranteed RM177.8b worth of GLCs' debts? WHY? GLC not government-owned?

20 Days after MB Azmin said 'disclose SALARY of top management in GLCs' - looks like 'janji tidak ditepati'?

When very High Salaries/Allowance in Government Owned/Control Companies deprives all Malaysians of monies?

1MDB Arul Kanda salary is....? Paying too much to CEOs/Chairmans to the detriment of Malaysians?

 

Make GLCs politics-free, says don

KUALA LUMPUR: The running of government-linked companies (GLCs) must be free from politics if the new Pakatan Harapan government is serious about reforms, says a political economist.

Prof Dr Edmund Terence Gomez, who is a professor of political economy at Universiti Malaya, said the current reality was that politicians were being appointed to GLCs or GLICs (government-linked investment companies) without public discussion on how they were chosen.

There was a real danger of politicians sitting in GLCs to abuse their positions as seen in the past, Prof Gomez pointed out.

“If we don’t get politics out of GLCs, then we will not see the reforms that we need,” he said during the Institute for Democracy and Economic Affairs (Ideas) Third Liberalism Conference 2018 here yesterday.

Politicians, said Prof Gomez, must not have a direct relationship with the GLCs’ board of directors as there could be state intervention in the decision-making process.

Citing the Prime Minister’s appointment as Khazanah chairman, he said Pakatan had promised in its manifesto that the GLC board of directors should not comprise politicians.

Agreeing that the system must be dismantled and the GLCs’ management reformed, Parti Pribumi Bersatu Malaysia chief strategist Datuk Dr Rais Hussin Mohamed Arif however called for patience while the government “fire fought” over the country’s management.

“I believe we can reform but please understand the context and circumstances,” he said.

“It will happen but please be a little patient because it’s not easy as the system has been anchored for 61 years. Reform will be done,” said Dr Rais, who was one of the panellists at the forum.

He said there were also senior civil servants still loyal to masters of the previous administration and against reforms, said Dr Rais.

In his opening remarks, Ideas founding president Tunku Zain Al-’Abidin Tuanku Muhriz said civil society must hold the government to account and speak up about what had not been delivered.

“Civil society is now a permanent feature of the Malaysian public life. We will never be afraid again and it is heartening that some in the government understand this innately,” he said, adding institutions such as Parliament, the Cabinet, the judiciary, police, and various commissions must be kept on track.

Universiti Malaya law lecturer Assoc Prof Dr Azmi Sharom, who spoke at a separate forum on the freedom of expression in Malaysia post-GE14, said in the push against extremism, the mainstream media must open up more space for moderate voices.

“These are people and bodies like Sisters In Islam who have been pushing against extremism.

“All they get is mockery. They get demonised and they just don’t get the necessary airtime. That’s what I’m hoping will change now,” he said. - Star, 23/9/2018

 

Analysts: Don’t only consider mega Chinese investments

 

 

“All these while, the focus has been on mega infrastructure projects. In fact, there are many other investment projects involving Chinese state-owned and private corporations in sectors such as manufacturing, services and agriculture, which we consider as productive investments,” Universiti Malaya (UM) Faculty of Economics and Administration professor of political economy Prof Dr Edmund Terence Gomez (pic) said.

Based on his recent research scrutinising China-linked investments in Malaysia, Dr Gomez noted that of 93 projects, 27% were in manufacturing sector, 9% in services and 1% in agriculture.

“A big portion is in construction. But there are also investments in manufacturing sector such as textile, machinery, food, renewable energy, petrochemical, biotechnology, which are productive investments,” he said, citing some of the findings from his research study “A New Normal in Malaysia-China Economic Relationship”.

“These projects include investments from telco giant Huawei and Jack Ma’s Alibaba Group, in sectors like research and development, oil and gas and education,” he said.

Dr Gomez said although Tun Dr Mahathir Mohamad seemed concerned over the East Coast Rail Link (ECRL) project, seen as highly inflated, the Prime Minister did look favourably at other China-linked projects.

“For example, there was a lot of discussion on palm oil.

“Dr Mahathir probably recognised that China has been investing in other sectors too, besides ECRL, Forest City, the Malaysia-China Kuantan Industrial Park, which came under the spotlight,” said Dr Gomez.

Centre of Public Policy Studies senior director Lau Zheng Zhou said the Mahathir’s visit to China managed to allay concerns over the Malaysia-China relations in the corporate world.

“Dr Mahathir has conveyed a clear message – the new government is not against China or Chinese investments but only the taxing mega infrastructure projects,” said Lau.

“He also gives more clarity on Malaysia’s direction.” - Star, 3/9/2018

RESOLUSI PERSIDANGAN NASIONAL TANAH ORANG ASLI KE-10 JKOASM HAK TANAH DAN PERLINDUNGAN HUTAN PENTING BAGI ORANG ASLI!

Attachment Report Bee-ch.doc added.

Conversation opened. 1 read message.

Kenyataan Media

RESOLUSI PERSIDANGAN NASIONAL TANAH ORANG ASLI KE-10 JKOASM

HAK TANAH DAN PERLINDUNGAN HUTAN PENTING BAGI ORANG ASLI!

20 - 23 September 2018

Kuala Lumpur, Malaysia

Dalam Persidangan Nasional Tanah Orang Asli ke-10 telah dihadiri oleh perwakilan Orang Asli seramai 117 orang dari 7 negeri di bawah Jaringan Kampung Orang Asli di Semenanjung Malaysia (JKOASM), dengan sokongan oleh Pusat Komas dan perwakilan dari Sabah dan Sarawak. Kami juga ingin mengucapkan terima kasih kepada rakan-rakan seperjuangan seperti SUHAKAM, Majlis Peguam  dan NGO-NGO yang lain. Pada Persidangan yang mengambil masa selama 4 hari ini turut dihadiri oleh yang berhormat YB Timbalan Menteri KKLW/PLB tuan Sivarasa Rasaiah sebagai perasmi persidangan. Pengarah JAKOA Perak sebagai mengantikan Tuan Ketua Pengarah yang tidak dapat hadir, wakil Jabatan Hutan, peguam, pesuruhjaya SUHAKAM dan juga YB Senator OA tuan Bob Manolan. Sepanjang persidangan kami telah bersama-sama mengupas dan mengulas perubahan dan perkembangan isu-isu semasa OA terutamanya pengiktirafan tanah OA, pembangunan dan lain-lain. Amat mendukacitakan nampaknya sepanjang tempoh ini apa yang diperjuangkan oleh JKOASM berkenaan isu-isu OA di atas tidak ada perubahan. Malah keadaan masih amat mendukacitakan dan memerlukan usaha rundingan, perbincangan antara kerajaan dan Orang Asli harus berterusan.

Dari pihak Orang Asli baik melalui JKOASM atau pertubuhan Orang Asli yang lain, usaha-usaha untuk mendapatkan pengiktirafan wilayah tanah adat dari pemerintah telah dibuat dengan pelbagai cara seperti; Inkuiri Nasional Hak Tanah oleh SUHAKAM, penubuhan taskforce di bawah Jabatan Perdana Menteri,  penubuhan Kabinet Tanah Orang Asli dan  oleh komuniti melalui penghantaran memorandum, surat-menyurat, perbincangan, mesyuarat, penyerahan peta komuniti, membawa kes ke mahkamah dan akhirnya ada negeri yang terpaksa mengadakan blockade sebagai jalan terakhir seperti kes di Gua Musang.. Malangnya setakat ini maklumbalas dari pihak kerajaan terdahulu berkenaan tuntutan tersebut adalah kerajaan perlu mengkaji semula, walhal perkara ini telah banyak dikaji oleh pelbagai pihak baik akademik ataupun badan berkanun. Pada pandangan kami pihak kerajaan hanya perlu membaca, memahami dan melaksanakan dapatan dan syor-syor yang dalam Inkuiri Nasional Hak Tanah, SUHAKAM.

Selepas 60 tahun bersedih, Orang Asli sekarang mempunyai harapan baru dengan adanya kerajaan PH baru yang dengan jelas menyatakan komitment dan janji untuk mengembalikan hak tanah adat dan menghormati maruah dan jatidiri Orang Asli. Kita bersedia untuk bekerjasama dengan kerajaan PH menyempurnakan apa yang termaktub dalam manifesto PH PRU 14 khusus nya janji nombor 38.

Apa yang amat membimbangkan kami adalah wilayah tanah adat OA terus-terusan diceroboh oleh pelbagai pihak malah ada sesetengah kampung sudah hilang wilayah tanah adat mereka, penempatan yang tinggal cukup-cukup hanya penempatan.

Dengan itu, sempena persidangan ke-10 JKOASM ini dan berdasarkan kepada manifesto kerajaan Pakatan untuk membela dan memberi pengiktirafan tanah wilayah adat OA maka kami telah sebulat suara berharap supaya Kerajan PH dapat menunaikan beberapa perkara berikut:

1. Sebulat suara menggesa kerajaan PH melaksanakan kesemua 18 syor dalam Laporan Inkuri Nasional Mengenai Hak Tanah Orang Asli/Asal SUHAKAM. www.SUHAKAM.org.my/wp-content/uploads/2014/02/Ringkasan-Laporan-Inkuari-Nasional.pdf

2. Menunaikan janji dalam manifesto PH dalam PRU ke 14 untuk mengiktiraf hak OA terutama hak tanah, hak penentuan diri, pendidikan dan pembangunan serta merasa selamat.

3. Mengalu-alukan kerajaan meneruskan usaha perundingan yang berpandukan Iizin-MABT dengan melibatkan semua lapisan kepimpinan OA untuk mencapai kata sepakat dalam hal memberi pengiktirafan tanah OA dan pembangunan OA.

4. Beberapa perkara yang telah diputuskan oleh kerajaan terdahulu seperti memberi hanya tapak rumah untuk masyarakat OA keseluruhannya hendaklah tidak diteruskan dan mendapat persetujuan terlebih dahulu dari komuniti setempat memandangkan setiap komuniti dan suku kaum mempunyai kedudukan dan status keluasan dan keperluan tanah yang berbeza.

5. OA tidak menuntut tanah seluruh negara diberi kepada kami tetapi hanya apa yang kami warisi dari nenek moyang kami kepada anak cucu kami sahaja kerana kebanyakan tanah yang kami tuntut adalah tanah yang kami miliki secara tradisi secara turun temurun bukan sesuatu kawasan yang tiada kena mengena dengan kami.

6. Mengalu-alukan penekanan terhadap konsep tanah dan wilayah adat Orang Asli dan mengesa  kerajaan menerima dan mengiktirafkan konsep tersebut.

7. Menyokong penuh syor ke-17 dalam Inkuiri Nasional SUHAKAM mengenai Hak Orang Asli/Asal yang menonjolkan tanah sebagai nadi kepada identiti Orang Asli memandangkan hubungan rapat antara Orang Asli dengan tanah mereka yang bukan sahaja sebagai sumber kepada ekonomi mereka tetapi untuk menjamin penerusan kerohanian, budaya dan identiti mereka sejajar dengan Perkara 11 Perlembagaan Persekutuan yang memperuntukkan kebebasan beragama.

8. Pemeliharaan kepentingan tanah Orang Asli juga penting untuk pembangunan dan kesejahteraan Orang Asli. Oleh yang demikian maka ia amat memerlukan tindakan afirmatif di pihak Kerajaan untuk mengiktirafkan hak tanah dan wilayah adat Orang Asli secara nyata.

9. Sejajar dengan konsep tanah dan wilayah adat Orang Asli dan kepentingan tanah kepada Orang Asli seperti dinyatakan di perenggan (4) di atas, kami mengesyorkan supaya pengiktirafan tanah Orang Asli dilakukan melalui Kaedah Hakmilik bersama/komunal di mana Kuasa Dimiliki Oleh Komuniti, mengurus, mengguna dan memulihara tanah tersebut dipegang sepenuhnya oleh Orang Asli. 

10. Pengiktirafan hakmilik komunal yang dicadangkan juga harus memberi jaminan dan pelindungan serta pemuliharaan hak asasi kaum perempuan dan kanak-kanak ke atas tanah dan wilayah adat dari pelbagai aspek.

11. Sehubungan ini, Akta 134 dan akta lain yang berkaitan hendaklah dipinda untuk memasukkan peruntukan bagi tujuan merealisasikan perlaksanaan kaedah tersebut. Sekiranya perlu, satu undang-undang baru hendaklah digubal bagi tujuan ini.

12. Mengesyorkan seksyen 3 Akta 134 dipinda untuk tujuan memberi kuasa menentukan siapa Orang Asli itu dipegang oleh Orang Asli sendiri dan bukannya Menteri dan Jabatan Kemajuan Orang Asli JAKOA.

13. Menuntut supaya Kerajaan, Pusat dan Negeri menuruti prinsip Izin-MABT dalam segala perbincangan/urusan/perlaksanaan mengenai undang-undang/dasar dsbnya berkaitan hak tanah Orang Asli serta lain-lain perkara yang melibatkan kepentingan Orang Asli.

14. Menyokong penuh syor supaya peranan JAKOA dikaji semula memandangkan Jabatan ini telah gagal untuk menangani isu tanah Orang Asli dan juga atas sebab gagal membawa pembangunan kepada Orang Asli sebagaimana yang sepatutnya.

15. Menuntut supaya hak tanah dan wilayah adat Orang Asli dimasukkan secara jelas dan nyata di dalam Perlembagaan Persekutuan.

16. Menuntut Kerajaan-kerajaan Negeri agar segera merealisasikan peruntukan Perkara 8(5)(c) bagi melindungi tanah wilayah adat Orang Asli.

17. Menyokong penuh satu suruhanjaya bebas ditubuhkan untuk Orang Asli bagi tujuan di atas sebagaimana yang disyorkan oleh SUHAKAM.

18.    Wilayah tanah adat harus diiktiraf berpandukan peta komuniti yang dibuat sendiri oleh       komuniti Orang Asli sendiri.

19.    Wilayah tanah adat harus diiktiraf melalui peta komuniti yang dibuat sendiri oleh komuniti Orang Asli sendiri atau dibincangkan dengan komuniti Orang Asli setempat sebelum kerja-kerja pengukuran kawasan dijalankan oleh pihak berkenaan.

Dengan semangat baru satu negara yang berkobar-kobar, kita OA ingin bersama-sama dalam membina Malaysia baru yang sudah lama di ingini oleh seluruh rakyat Malaysia. Masyarakat OA tidak seharus nya menunggu-nunggu lagi untuk penyempurnaan hak–hak OA yang selama ini telah diabaikan. Waktu nya sekarang: Masyarakat OA, sebagai sebahagian masyarakat Malaysia, harus dihormati dan diiktiraf. Laungan OA tetap sama “Tanah Itu ada lah kehidupan kami” dan “tiada tanah tiada budaya, tiada budaya tiada bangsa”.

Disediakan oleh : 

Jaringan Kampung Orang Asli Semenanjung Malaysia (JKOASM)

Tijah Yok Chopil (017 7264746) - Pengerusi  JKOASM

----------------------------------------------------------------------------------------------------------

2 more extrajudicial killing by police that need to be investigated HOME Minister?

Wow - yet again 2 persons shot dead by police ...and one gun recovered. That means police shot dead one person who did not have a gun...or was not shooting at them... 

The duty of the police is to arrest people...not shoot and kill. 

And guess what, the police now allege that these 2 were involved in 15 robberies...well, if the police knew...why were these people picked up by the police before this? Was there any notice that the police were looking for these 2 'foreigners'...

REALLY, THERE MUST BE INDEPENDENT INVESTIGATION ABOUT THIS SHOOTING INCIDENT THAT RESULTED IN THE DEATH OF 2 PERSONS ...Was the killing justified? ...

 

While MADPET appreciates the fact that the new Pakatan Harapan federal government is in the process of establishing an Independent Police Complaints-Misconduct Commission (IPCMC) as mentioned by the Minister of Home Affairs Tan Sri Muhyiddin Yassin on 22/5/2018, steps need to be taken now to immediately investigate these police ‘shoot to kill’ incidences. Delay is not an option.

MADPET proposes that the Minister immediately appoint an interim Task Force, to immediately investigate these cases. Further, the Minister and/or the government should maybe order that inquests (or inquiries into the deaths) be done for all such cases, where police shooting resulted in deaths.

 

Another man with a machette shot and killed by police? Speedy INDEPENDENT inquiry needed?

Extrajudicial Killings Need Speedy Independent Investigations - 6 Reported Shot To Death By Police After Pakatan Harapan Became Government.

 

 

 

 

Two foreigners linked to 15 robberies shot dead by police

Last update: 21/09/2018

 

KULAI, Sept 21 (Bernama) -- Two foreigners suspected of committing a spate of robberies in Johor were shot dead by the police in Bukit Batu, Jalan Sedenak here early today.

Johor police deputy chief Datuk Mohd Kamarudin Md Din said in the incident at 4.15 am, the suspects were cruising suspiciously in a car when policemen in a patrol car ordered them to pull over.

Instead, the driver of the car rammed into the police vehicle and tried to sped away before it skidded.

“At that juncture, the men began firing several shots in the direction of the policemen,” he told reporters when met at the scene.

Mohd Kamarudin said the police returned fire, killing both of them and seized a revolver, a machete, face mask and gloves.

“We believe we have solved about 15 robbery cases which occurred in Johor, especially in Johor Bahru, Pontian, Kulai and the surrounding areas. The latest case was in Pontian yesterday,” he said.

Mohd Kamarudin said the deceased, in their 30s, were believed to have been part of a bigger group, adding that the police were tracking down the remaining members of the group.

Meanwhile, he said about 50 robbery cases reported this year in Johor were linked to foreigners.

-- BERNAMA

MACC to publish asset declarations of cabinet, Harapan MPs in October? Yes, TRANSPARENCY AND ACCOUNTABILITY at last

Temptation is great when in power, and there is always the risk that Ministers and MPs of the Pakatan Harrappan may wrongly take advantage to enrich themselves, their family and friends...but when the PUBLIC is also monitoring, it can deter such abuse, and that is WHY ASSET DECLARATION MUST BE PUBLIC? Income(all sources of income), Assets owned, interests in companies...

When it was revealed recently that UMNO MP's assets was about RM2 billion...one wonders how many other UMNO-MPs have become so rich...surely it not just the salaries/allowances of MPs/Ministers that lead to such wealth accumulation...

Thankfully, MACC just announced that these ASSET DECLARATION will be available online, accessible to the public from next month - October 2018.

Asset declarations of Pakatan Harapan cabinet and its MPs will be made available on the MACC website from next month. MACC deputy chief commissioner (prevention) Shamsun Baharin Mohd Jamil said this was to ensure that all Harapan leaders were free from corruption. “It will be the first time that the asset declaration will be uploaded on MACC’s portal for public viewing.

How wealthy they are is not of concern? BUT what is of concern is whether they become even more rich after this ...We will now know salaries/allowances of MPs and Ministers ...and also other legitimate sources of income. So, we can monitor.

One-off asset declarations will not help the public monitor - what we need is REGULAR Declarations, and the best would be every 6 months( or at least annual declarations)...

Declaring just to the PM or the MACC was never enough ...the Malaysian people should be the monitors to ensure that there is no abuse in power to enrich oneself...

 

 

 

MACC to publish asset declarations of cabinet, Harapan MPs

Bernama  |  Published: 19 Sep 2018, 10:53 pm  |  Modified: 19 Sep 2018, 10:58 pm

   

Asset declarations of Pakatan Harapan cabinet and its MPs will be made available on the MACC website from next month.

MACC deputy chief commissioner (prevention) Shamsun Baharin Mohd Jamil said this was to ensure that all Harapan leaders were free from corruption.

“It will be the first time that the asset declaration will be uploaded on MACC’s portal for public viewing.

“The declarations will also be sent to the Prime Minister's office and the copied to MACC,” he said after appearing as a guest on Bernama Radio talk show programme “Ala Carte Pagi” today to introduce the MACC 360 talk show programme.

Prime Minister Dr Mahathir Mohamad was previously reported to have said that all members of the administration, including ministers, their deputies and political secretaries were required to declare their assets to the Prime Minister.

Dr Mahathir, when announcing the move, said the information received would “not be hidden”, instead it would be submitted to agencies responsible for corruption prevention.

Shamsun Baharin said the MACC had yet to get all the copies of asset declarations from the Prime Minister's office as the government’s MPs were given three months after their swearing in to do so.

"The period is still in force and on Oct 1, we will see those who have declared their assets,” he said.

Meanwhile, on the MACC 360 talk show, it’s broadcast would begin on Sept 22 on Bernama Radio.

"There will be 13 episodes, to be aired Saturday from 10am to 12pm.

“We will bring a senior MACC official as a guest to talk on issues related to corruption prevention every week," he said.

He said the MACC 360 programme would also serve as a platform for the commission and Bernama in disseminating information related to corruption prevention.

"Although there is a MACC My Anti-Corruption Channel (MACC.fm), its access is not as widespread compared to regular radio, so this collaboration with Bernama is to reach out to more listeners.

"This is because corruption is a national issue and we need to get support from all parties as the community itself will be impacted if corruption is allowed to continue," he said.

- Bernama - Malaysiakini, 19/9/2018

Anwar, time to investigate, prosecute and fair trial for all false witnesses, bad prosecutors and judges?...travesty or miscarriage of justice?

Many, including Anwar Ibrahim and now our King, alleges that the administration of justice had been abused resulting in a 'travesty or miscarriage of justice'.

“He said: I pardoned you not because of the legal allocation under my power alone, but because I am confident you are innocent, Anwar, and there was travesty or miscarriage of justice. I had to do my duty as a King, to stop this injustice towards you since 1998 till 2018....“You know what was my response? ‘Your Majesty, this is a very serious statement from you. You are now saying that the judiciary, attorney general’s prosecution, investigation, was all compromised, to fix me up.’...“He said: Yes, I’m telling you the truth. You want to, you can tell tonight in your lecture,” Anwar told a packed hall at the Corus Hotel. - Malay Mail, 16/9/2018

Time has come for a thorough investigation concerning the 2 convictions that led to Anwar Ibrahim being convicted and sentenced to prison. 

The persons who fabricated evidence and lied to the court by giving false evidence, which may also include police officers, and other witnesses need all to be investigated, identified and prosecuted if they did wrong. 

The prosecutors who failed in their duties - all will now need to be identified and prosecuted for their wrongdoings. 

The judges that were 'compromised'  - Such judges that allowed external factors affect their judicial functions really ought to be identified and removed...and prosecuted.

They must all be charged and tried in an open court. Internal disciplinary procedures resulting in fines, transfers and resignation(termination) simply will not do - because the people need to know and all accused deserve a fair trial.

Shafee, the special prosecutor, has now been charged for receiving 'dirty money' from Najib, and some alleged breaches of income tax law. That really do not address the issue at all about Anwar's trials, do they? If the allegations are about Anwar's trials, then the charges must be directly related. Some other charges about some other matters really won't do.  

Maybe, Shafee did his job as special public prosecutor correctly and as required - after all, it is judges that decide on the guilt or innocence, and all that a prosecutor does is present the case and arguments on behalf of the prosecution, and the accussed lawyers do the same for the accused.


We really do not need anymore such 'dirty' judges, prosecutors and police officers in our administration of justice system...How many others have fallen victim to such persons - how many have been imprisoned (or still in prison including death row?), and how many have been executed?

ANWAR'S PARDON still does not settle the problems?

Anwar may have been pardoned by the Yang Di Pertuan Agung but as we all know, that does not overturn the finding of guilt by the courts. 

It matters not what the King believes, as what Anwar has recently mentioned. 

Anwar may make a police report, or some other may do so, which will begin the process of identifying and bringing all these persons to justice. 

For Malaysians, this doubt need to be dispelled one way or the other. 

Anwar personally may now take the position to let bygones be bygones, and leave the punishment to God BUT personally, for the good of Malaysia, especially our Administration of Justice system, the wrong-doers needed to be identified and made to pay for his crimes.

'LET BYGONES BE BYGONES - I FORGIVE THEM' - Well, then the doubts remain. There were really no wrongdoings, and Anwar's conviction was right. Was the reason why Anwar did not want to pursue to demand actions against 'false' witnesses and 'compromised' judges and prosecutors could be because all these assertions about 'miscarriage of justice' are really false, and all Anwar's allegations was simply just to win favour with the people in his quest to be MP...and maybe later our Prime Minister?

SO YES - a thorough investigation, followed by criminal action against all these witnesses, police officers, prosecutors and judges is a MUST - there is no option.

By the way, Anwar publicly stated what the Kind told him. It really will be good if the King confirms this conversation really did happen, and that is exactly what he said. 

REVIEW OF THE JUDGMENTS THAT LED TO CONVICTIONS - not enough?

I believe Anwar may be attempting to review the judgments that led to his convictions, and this is GOOD but really this is not good enough...because even a reversal of a guilty conviction really means that the prosecution failed to prove beyond reasonable doubt that Anwar is guilty...there will still be doubt as to whether he did what he was alleged to have done.

BUT - the prosecution of persons that gave 'false' evidence, prosecutors that did wrong, and judges that were compromised will once and for all expose the real truth ... 

When this happen, I hope Anwar will not do what he did about the case of a former IGP giving him a 'black eye', where before the court gave its judgment, Anwar 'settled'. That judgment would have helped so many others who have been tortured by police and/or enforcement officers in getting justice ...and also may have been the standard that set the kind of compensation/damages that such victims can get.

This time - prosecution and the open trial must be up to the end ...with a Court Judgment ..

Anwar: Agong always believed I was innocent

Published 2 days ago on 16 September 2018

By Yiswaree Palansamy

Datuk Seri Anwar Ibrahim speaks during the ‘Meet Anwar’ dialogue in Kuala Lumpur September 16, 2018. — Picture by Razak Ghazali

KUALA LUMPUR, Sept 16 — Datuk Seri Anwar Ibrahim claimed today that the Yang di-Pertuan Agong Sultan Muhammad V has always believed in his innocence, ever since the first sodomy conviction.

The incoming PKR president said that this was conveyed to him by the King himself, when Anwar was given a royal pardon, following his release after Pakatan Harapan (PH) won Putrajaya on May 9.

“I am thankful to the Agong because he executes [justice] strictly,” Anwar said at a dialogue session with youths here.

“He said: I pardoned you not because of the legal allocation under my power alone, but because I am confident you are innocent, Anwar, and there was travesty or miscarriage of justice. I had to do my duty as a King, to stop this injustice towards you since 1998 till 2018.

“You know what was my response? ‘Your Majesty, this is a very serious statement from you. You are now saying that the judiciary, attorney general’s prosecution, investigation, was all compromised, to fix me up.’

“He said: Yes, I’m telling you the truth. You want to, you can tell tonight in your lecture,” Anwar told a packed hall at the Corus Hotel.

On May 16, just a week after PH took over, Anwar was granted a full pardon by the Agong at Istana Negara.

The royal pardon meant that Anwar could return to politics immediately, and run for election. Anwar is now seeking to contest the Port Dickson by-election.

He was first charged for sodomy and corruption in 1998 by then and current prime minister Tun Dr Mahathir Mohamad. The Agong was then Tengku Muhammad Faris Petra, Kelantan crown prince.

Anwar was subsequently charged and jailed a second time for sodomy in 2014, during then prime minister Datuk Seri Najib Razak’s administration. Sultan Muhammad V was then the deputy Agong.

The former deputy prime minister reiterated today that PH will also continue to uphold and protect Malaysia’s constitutional monarchy system.

“So, for us, for the current PH government, is to abide by the principles of constitutional monarchy, parliamentary democracy. We will maintain the constitutional monarchy system,” he said. - Malay Mail, 16/9/2018