Kasitah Gaddam & Eric Chia - Prosecution's failure to call witnesses - Was it just incompetence OR....?

The new Prime Minister (i.e. Abdullah Ahmad Badawi) came in and said that he was serious about fighting corruption - and, maybe to show that he was serious about it 2 BIG-GUNS were charged with corruption, one a famous businessman (seen by some as a good friend of the former Prime Minister Mahathir Mohammad), and the other a Land and Cooperative Development Minister (not an MP but a Senator).

Tycoon Tan Sri Eric Chia Eng Hock - he was acquitted in June 2007.

Kasitah Gaddam - he was just acquitted in 2009.

In both cases, it was as if the prosecution was not interested in ensuring that they be found guilty - and they failed to call important crucial witnesses, hence sabotaging their own case. Is this also not 'corruption'? Rakyat's money and resources have been wasted here...

In his 30-page oral judgment, he went on to fault the prosecution in every aspect of the case, from the way the main charge and alternative charge were proffered right to the tendering of documents, and its failure to call crucial witnesses.

Akhtar said the most glaring setback was the prosecution’s failure to call two material witnesses, who would have been able to confirm whether payment was needed for the technical assistance agreements (TAA) signed between Perwaja Rolling Mill Development and NKK Corporation.

He said former Perwaja company secretary R.R. Durai Rajasingam, who was involved in all Perwaja’s contracts, would have known the actual contents of the TAA.

“Yet the prosecution never called him. The question is why? I see nothing to say that he would be a hostile witness or give evidence against them.”

The judge also questioned the prosecution’s reluctance to call the five Japanese witnesses, including NKK Corporation, Japan, director N. Otani, who was present at the signing of the TAA in Japan in 1993.

“I wonder whether it was the Japanese witnesses who were reluctant or the prosecution was the one reluctant to bring them here,” he said.

Akhtar also said the prosecution’s contention that the TAA was free fell flat in its face when tendering its documents at the trial as they clearly stated that the agreements would be effective upon receiving first payment.

Another document by NKK Corporation not only requested for the payment to be in a lump sum but also stated the amount.

He said the prosecution failed to lead any evidence to show fabrication of that document, which it contended.- Star, 27/6/2007, Eric Chia acquitted of CBT

Now, see the similarities in the Kasitah Gaddam's case...

Former land and cooperative development minister Tan Sri Kasitah Gaddam was acquitted and discharged by the High Court here of committing corrupt practice and cheating involving shares belonging to the Sabah Land Development Board (SLDB) in 1996.

Judge Justice Suraya Othman ruled that the prosecution had failed to establish a prima facie case on both charges for the court to call Kasitah to enter his defence.

“The essential ingredients of both the offences of corrupt practice and cheating were not made out on the facts before the court. In the circumstances, the accused stands acquitted and discharged of both the charges against him,” Suraya said in her 74-page judgment.

Kasitah, 62, was the first Cabinet member to be charged with such crimes.

Not guilty: An overjoyed Kasitah sharing his elation with his wife Puan Sri Rosni Ambuting and lawyer Datuk Muhammad Shafee Abdullah after his acquittal of corruption and cheating charges at the Kuala Lumpur High Court Wednesday.

Immediately after the verdict, Kasitah said he was relieved and happy, adding that the judgment was a “pleasant surprise”.

“I want to see my mother in Ranau and spend a few days with her. Then, I want to perform the umrah with my family and close friends. After that I will think about reorganising my life,” he said.

His wife Puan Sri Rosni Ambuting and his grandaughter Jennay Joanis rushed up to kiss and congratulate him immediately after the court’s decision was announced.

Kasitah had claimed trial to using his position as SLDB chairman for his financial gain by taking part in the decision to approve a proposal to sell 16.8 million shares held by the board in Sapi Plantations Sdn Bhd to Briskmark Enterprise Sdn Bhd, where he was promised 3.36 million shares in Sapi Plantations on Oct 22, 1996.

On the second charge, Kasitah was alleged to have cheated the SLDB board members by omitting to disclose the offer by PPB Oil Palms Sdn Bhd to allocate five shares of the company for each share of Sapi Plantations in the proposal by company for listing on the KLSE.

He thereby dishonestly induced them to approve the sale of 16.8 million shares held by SLDB in Sapi Plantations to Briskmark Enterprise whereas they would not have approved the sale if they had known about the offer by PPB Oil Palms.

Justice Suraya said the failure of the prosecution in not calling six board members who were present in the meeting was detrimental to the case as it had created a big gap over the question of whether the board members were actually cheated by the accused.

She also said that evidence by lawyer cum board member Catherine Yong was very damaging as she did not indicate that Kasitah had misused his position or influence her or other board members during the meeting.

Besides that, the judge said there was no element of inducement on the part of Kasitah to the board members.- Star, 13/8/2009, Kasitah freed of corruption charges

The questions that many may be asking are:-

1) Whether the arresting and charging of these persons just a 'political drama', or was merely politically motivated? If this be the case, the police and the Public Prosecutor may be guilty of abusing their powers. Charging someone without even doing proper investigations or getting sufficient evidence is definitely wrong. Who is going to compensate them for the monies spent for lawyers, etc and for the pain and suffering they suffered. Who is going to compensate for the impact on Kasitah's political career? So, did the police and the Public Prosecutor just do the bidding of their then political master, and not the job they are meant to do independently and honestly, without fear or favour?

2) Did the Public Prosecutor throw the case...sabotage their own case..by not disclosing to court all the incriminating evidence they had...or calling all the necessary witnesses? Was this done at the bidding of their 'political master'? Was this done because there was 'corruption' involved?

If they had called all necessary witnesses, and adduced all available witness, and then the court found them not guilty, we would not be asking these questions now. But the fact is that both judges in both cases, as reported in Star, finds that the prosecution did fail to call material witnesses, and or adduce required evidence...

Appeal to the Court of Appeal may also be useless. Why? Because the Court of Appeal will only be able to consider evidence already adduced during the trial at the High Court. Hence, evidence of witnesses not called or other evidences not adduced at the trial stage by the prosecution will also not be available for the Court of Appeal to consider. New evidence, just found not available at the time of trial, may be brought in ....but, in this case, we are talking about the prosecution - they should have all the required evidence before they even charge people...

Another trial - nope, our law does not allow a person to be charged and tried twice for the same offence...

Some may say that all this happens because our Malaysian police, Anti-Corruption Officers and the Public Prosecutor are incompetent and of 'poor-quality'...but, I would disagree, for I believe that they are sufficiently competent and are good when they want to...Hence, these failures in both these cases may be for some other reason...

Somebody should inquire into this matter...investigate it....after all, a lot of money was wasted here...

New guidelines need to be put into place ... as to when someone should be arrested? When someone should be tried? ...and maybe also about compensation to people who have been put to unnecessary expenses by the police, public prosecutors, courts...

HRH the Sultan, the royal family and many could have been victims of this 1-year old Stadium collapse - Independent Public Inquiry, please

How lucky the UMNO-led BN government that the Sultan Mizan Zainal Abidin Stadium in Gong Badak, Kuala Trengganu collapsed when there was no occasion in the said Stadium...

HRH Sultan of Trengganu, the royal family and a lot of people could have been seriously injured or even killed when the roof of the stadium collapsed..

The roof on the stadium’s left wing was ravaged after the iron frame structure supporting the 300m-long roof destabilised, causing it to fold. The affected zones were the main entrance, royal podium and the public seating area. - Star, 3/6/2009, Workers escape in the nick of time as roof of year-old stadium collapses

And, still we do not understand why the contractors, engineers and architects are being protected - why they have not even been named in the various reports. Is it just a case of poor journalism or poor investigative journalism, or is the media not reporting this because they have been 'advised' not to - and comply they must for fear of the permits being lost..

Trengganu Royal Commission of Inquiry must be set up to investigate this affair and tell us the truth...

I wonder whether the same contractor is still getting projects from the UMNO led- BN government...are there any other recent projects by the same people. I will be scared to be in any buildings build by these people...Be open - disclose everything.

Remember also the Jaya Supermaket, PJ incident - and here too we were not told who were the companies involved...WHY?

The problem with the allocation of contracts to a main contractor who sub-contracts to A, who sub-contracts to B, who sub-contracts to C, who sub-contracts to D is that money that should be used to get the best quality building materials and building crew finally gets so shrunk that the contractor who finally has to do the real building may have only 50% of the sum allocated to work on - and that is when problems arise, 'corners are cut' and buildings collapse.

This stadium, according to the Star report, cost RM460 million (maybe even more, for it is uncertain that this really is the amount spend). I also wonder why an additional RM50 million was given because of rise in cost of building materials - Surely when an agreement is signed, that it it. If prices drop, then the contractor profits more. If prices of building materials soar, then the contractor's profit shrinks. Surely any person who forwards a quotation takes into consideration possible price increases - in fact, many also already make advance orders from suppliers (or have already fixed-price agreements with suppliers). I really do not understand why the government has to fork out an additional RM50 million because prices of building materials soar. Will the contractor return money to the government if prices of building materials drop? I think not. Investigate this additional RM50 million allocation as well, Mr MACC (Malaysian Anti Corruption Commission).

Now, they tell us that the cost of repairs is going to be RM25million (that could have been used to provide about 750 poor families free homes) -

The damage at the east wing has been estimated at RM25mil....“The stadium is still under warranty and the contractor will bear the cost of the remedial works,” he [Works Minister Datuk Shaziman Mansor] said, adding that the incident had tarnished the reputation of the country. - Star, 3/6/2009, Workers escape in the nick of time as roof of year-old stadium collapses

But, thankfully, it is still under warranty and the contractor will have to bear the cost of remedial work... But, will the contractor? If the contractor is a company, then they may quickly wind-up the company...for after all, we are talking about a building construction company, who really would not have much of assets like land, etc..Then, the shareholders, the CEO and Directors will just set up another company and move on...If the government blacklists the company, then it may only be the company - not the the shareholders, the CEO and Directors or their new companies. That is why, the government must openly tell us the name of the company responsible, the name of its SEO, its Directors and principle shareholders (and, if a 'blacklisting' is to be done, then it should go beyond just the said company but should also be all companies where the said persons are involved...).

We cannot do that - Why? because maybe the persons behind the company are important ..connected people. Maybe, Najib or the MB has a great stake in the company...Open disclosure please...

See also the earlier posting entitled Another 'projek kerajaan Barisan Nasional' collapses...

Billed as the pride of the state, the RM300mil Sultan Mizan Zainal Abidin Stadium in Gong Badak suffered a major blow when its roof collapsed yesterday – just a year after it was opened.

No one was injured in the 9am incident, but the stadium, which was the venue for Sukma (Malaysian Games) last year, has been declared unsafe.

Declared unsafe: The Sultan Mizan Zainal Abidin Stadium after its roof collapsed yesterday. — Bernama

The damage at the east wing has been estimated at RM25mil.

The impact of the collapse was so loud that an employee at the stadium thought that a plane had crashed-landed on it.

“I shivered when I heard the deafening sound,” stadium administration officer Noor-kumarasari Jamil, 31, said.

She panicked and screamed for her colleagues to leave the office as the Sultan Mahmud Airport was situated near to the stadium.

Noorkumarasari said her superior directed all the employees to vacate the office and take shelter at a nearby indoor stadium.

Damaged: Workers looking at the collapsed structure of the RM300mil Sultan Mizan Zainal Abidin Stadium in Gong Badak, Terengganu. The affected zones are the main entrance, royal podium and the public seating area.

General worker Hajjah Shafar, 32, said she was terrified when she saw the roof structure tumbling down.

“I was sweeping the floor at the west wing of the stadium when the roof collapsed,” she said. “I just ran for my life.”

Nineteen workers, mostly cleaners, were at the stadium but they managed to flee to safety.

The stadium is part of the modern Gong Badak sports complex, which was built at an initial cost of RM250mil but the amount surged by an additional RM50mil due to soaring prices of building materials.

The indoor stadium, which is also part of the complex, was built at a cost of RM160mil.

The roof on the stadium’s left wing was ravaged after the iron frame structure supporting the 300m-long roof destabilised, causing it to fold. The affected zones were the main entrance, royal podium and the public seating area.

A Kancil car and three motorcycles were also damaged by the debris.

Works Minister Datuk Shaziman Mansor, who visited the site, said the Construction and Industrial Development Board, a wing under the ministry, had been tasked to form a team comprising architects to determine the cause of the catastrophe.

“It’s premature to point fingers at any party, including the contractor responsible for erecting the roof structure, until the outcome of the investigation.

“The stadium is still under warranty and the contractor will bear the cost of the remedial works,” he said, adding that the incident had tarnished the reputation of the country.

State Fire and Rescue Department director Puazan Ahmad said they received a distress call at 9.45am, and 25 personnel were sent to the site.- Star, 3/6/2009, Workers escape in the nick of time as roof of year-old stadium collapses

Immediate investigation whether PM influenced ACA investigation is needed..

I wonder whether an investigation has already commenced against Abdullah Ahmad Badawi, this Raymond Tan and the ACA officer concerned. I believe that what they did, if what Raymond Tan said is true, is something very wrong...

Or maybe, there will be no investigation -- because no one has filed a police report yet..

This kind of talk really makes me as a Malaysian very worried - I have serious doubts about the independence of the ACA, the Police, the Public Prosecutor...

The war of attrition continues over the sudden withdrawal of Sabah Progressive Party (Sapp) from Barisan Nasional last week as a “shocking revelation” came to light.

MCPX

Its disgruntled ex-deputy president Raymond Tan (left) claimed on Saturday that he had been instrumental in preventing the arrest of party president Yong Teck Lee in June in relation to allegations of corruption.

An English-language daily in Sabah quoted Tan as saying that Abdullah Ahmad Badawi had wanted Yong arrested by the Anti-Corruption Agency (ACA). This was after Yong spearheaded a no-confidence vote against Abdullah’s leadership.

In defending himself against claims of ingratitude by failing to support the Sapp pullout, Tan revealed that he had intervened on Yong’s behalf in June.

He said he had pleaded with Abdullah not to arrest Yong as it would be a bad move, and had even gone on television with a plea to allow the latter to speak up. - Malaysiakini, 22/9/08 - 'I stopped PM from ordering Yong's arrest'

Are not all Malaysians equal before the law? When the PM can decide who gets investigated...and maybe even who gets charged...it shows us the sad state of affairs that the country is in.

I recall PI Balasubramaniam's 1st SD - where he made statements giving the picture that the police made sure that his statement did not have any reference to Mohd Najib Razak - similarly, the DPPs did not even ask questions about the DPM. Was this again on instructions of the PM?

Wondered why also the Altantuya case started so fast... Was that again on instructions of the PM?

I seriously wonder whether police, ACA, AG, Courts are truly independent - or are they still influenced by powerful persons....

Raymond Tan has clearly stated what he did - and there should be action taken against him, PM and whoever else...

In an immediate response, Sapp newly-appointed information chief Chong Pit Fah described this as a “a shocking revelation [...] that he can influence the prime minister to stop ACA action”.

“This is an admission by a BN deputy chief minister that the prime minister can interfere with ACA work,” Chong said in a statement issued yesterday.

He also wanted to know if the same influence could be used on other persons such as serving ministers, or similarly abused. - Malaysiakini, 22/9/08 - 'I stopped PM from ordering Yong's arrest'