PM Muhyiddin - Pendapatan bulanan RM93,841.65 menimbulkan banyak tanda tanya? Bila gaji bulanan PM adalah RM93,841.65?

Apakah sumber yang menjadikan gaji bulanan Perdana Menteri Muhyiddin Yassin menjadi RM93,841.65, manakala undang-undang, MEMBERS OF PARLIAMENT (REMUNERATION) ACT 1980] menyatakan bahawa gaji Perdana Menteri adalah  RM93,841.65 sahaja. Ini berasaskan apa yang diistiharkan kepada MACC.

Prime Minister's salary RM22,826-65, so what are the other sources of Muhyiddin's RM93,841.65 monthly income?

Rakyat ada hak untuk mengetahui, dan Muhyiddin perlu jelaskan. Adakah ini daripada elaun sah - takkan elaun bulanan melampaui nilai gaji?

Adakah ini daripada 'perlantikan politik' yang lain, di mana ini dilakukan oleh Perdana Menteri, Menteri atau kabinet?

Apa yang diperlukan adalah deklarasi yang jelas dan terang - tentang sumber pendapatan bulanan

Gaji Perdana Menteri - Berapa?

Elaun tambahan kerana jawatan Perdana Menteri - Berapa?

Elaun tambahan selaku Ahli Parlimen? - Berapa?

PENCEN(jika ada) - Berapa?

Pendapatan lain(Dividend, Faedah simpanan) - Berapa?

Pendapatan lain(Sewa,) - Berapa?

Derma politik orang ramai dan/atau penyokong - Berapa?

Derma politik daripada syarikat atau perniagaan - Berapa?

RASUAH - Berapa?

Kekayaan lain saperti tanah, rumah, syer, wang dalam bank, dll... ini tak begitu menjadi isu > TETAPI apa-apa perolehan semasa menjadi PM, Menteri, Ahli Kabinet adalah sangat relevan - kerana ianya mungkin 'rasuah' untuk melakukan sesuatu(atau tidak melakukan sesuatu).

Untuk membenteras RASUAH, Kleptokrasi atau salahguna kuasa - mungkin Malaysia juga memerlukan undang-undang yang menjadikan penerimaan wang, hadiah atau faedah daripada mana-mana pihak lain, semasa menjadi Perdana Menteri, Menteri atau Ahli Kabinet satu kesalahan, di mana juga mungkin menyebabkan kelucutan jawatan.

Thailand, negara jiran, pun ada undang-undang sedemikian. Seorang bekas Perdana Menteri kerana menerima bayaran daripada satu rancangan masak di TV apabila beliau menyertai program masak menjadi alasan mengapa beliau hilang kelayakan terus menjadi Perdana Menteri. Terima RM50 pun salah...jumlah tak penting.

Seorang Menteri lain kerana terima hadiah jam tangan pun sama - ia merupakan kesalahan.

Malaysia juga memerlukan undang-undang sedemikian untuk memastikan Perdana Menteri dan ahli Kabinet semua BERSIH. Menerima wang atau hadiah dari pihak lain semasa mereka memegang jawatan pentabiran kerajaan adalah satu kesalahan yang akan menyebabkan mereka hilang jawatan, dan juga posisi MP atau Senator.

Kini, DEKLARASI yang perlu Ahli Kabinet dan ahli Parlimen beri adalah tak memadai - Biar jelas dan ada butiran mencukupi mengenai pendapatan bulanan, serta sumber pendapatan.

KEKAYAAN LAIN tak begitu penting kecuali

(1) Syer atau kepentingan dalam mana-mana syarikat atau perniagaan. [MENGAPA - kita tak mahu kerajaan/PM/Menteri membuat apa-apa keputusan yang akan membantu perniagaan tersebut - saperti memberi projek, dll - kerana ia secara tidak langsung akan juga menjadi pemegang syer/kepentingan lain juga kaya);

(2) Tanah di mana (Mengapa? Kerana kerajaan dan Menteri mempunyai kuasa membuat keputusan mengenai pembangunan setempat, yang akan secara tak langsung menyebabkan nilai tanah ini naik - justeru memberikan keuntungan besar kepada pemilik tanah. Bila kerajaan membuat keputusan meminda pusat pentadbiran kerajaan ke Putrajaya - ramai yang 'tahu terdahulu' mungkin telah cepat-cepat pergi membeli tanah di situ, dan apabila pengumunan dibuat secara rasmi - mereka menang kerana nilai tanah meningkat. Perkara sama berlaku di Janda Baik, kerana dulu ada ura-ura kerajaan mungkin akan memajukan kawasan tersebut - akhirnya tak ada apa-apa yang berlaku dalam kes ini.]

Bagi orang biasa yang meneka, dan membeli tanah  atau syer syarikat sedemikian bukan isu besar - tetapi bagi mereka saperti Perdana Menteri, Menteri atau ahli Kabinet yang mempunyai maklunat perlu dan kuasa membuat keputusan sedemikian, mereka atau ahli keluarga(atau rakan karib) tidak harus dibenarkan beruntung akibat keputusan kerajaan sedemikian.

SEMUA mahu kerajaan dan pemimpin negara BERSIH dan BERAMANAH - tujuan deklarasi pendapatan dan aset bertujuan untuk menghalang salah-laku sedemikian mengunakan maklumat atau kuasa dalam pentadbiran kerajaan.

Deklarasi Pendapatan dan Aset sekali saja tak cukup - ia perlu dibuat mungkin 3 bulan sekali, mungkin 6 bulan sekali - paling kurang sekali setahun, sama sebagai kehendak kini berkenaan deklarasi kepada pihak Lembaga Hasil Dalam Negara.

Ini penting supaya rakyat boleh memantau setiap masa - dan akan mempersoalkan apa-apa pendapatan yang tiba-tiba meningkat. Jika wang masuk dalam akaun peribadi sebagai DERMA pun mesti diistiharkan.

AKAUN BANK - sekiranya ada akaun bank di luar negara pun, di mana ini tempat ramai penjenayah menyimpan 'wang haram' kerana di luar bidangkuasa kerajaan Malaysia, dan setengah bank sedemikian juga tidak akan dedahkan butiran akaun kepada kerajaan atau mana-mana penyiasat jenayah.

Adakah PM, Menteri, Ahli Kabinet, MP, Senator atau ADUN ada memiliki akaun sedemikian di bank luar negara? Ini juga maklumat perlu yang perlu didedahkan.

Penyimpanan wang di bank sedemikian juga biasa tidak didedahkan atau diketahui oleh pihak Lembaga Hasil Dalam Negara(LHDN) - justeru cukai yang perlu dibayar untuk apa-apa pendapatan atau perolehan dapat dielakkan. Mangsa terus adalah RAKYAT MALAYSIA.

* Kita tahu semasa pemerintahan BN dan PH terdahulu, ahli parlimen parti kerajaan telah diberikan berjuta ringgit, kononnya untuk digunakan untuk membantu rakyat di kawasan Parlimen atau ADUN berkenaan > Mana akaun pembelanjaan tersebut? Kenapa BN, PH atau PN tidak mendedahkan? Adakah wang tersebut telah digunakan untuk rakyat dengan betul - adakah wang itu diambil oleh wakil rakyat berkenaan untuk memperkayakan diri atau kepentingan peribadi? Adakah wang itu digunakan untuk memperkayakan kroni atau parti? Semua ini rakyat perlu tahu dengan jelas, kerana ini DUIT RAKYAT?

Sekali buat DEKLARASI tak memadai? Membuat DEKLARASI tanpa butiran tak cukup.

Tujuan utama DEKLARASI sedemikian adalah untuk memberikan jaminan kepada rakyat bahawa PM, Ahli Kabinet atau MP tidak mengunakan kedudukan, kuasa atau posisi untuk memperkayakan diri, keluarga, kawan secara salah - untuk memastikan tak ada RASUAH, dsb.

Selepas buat DEKLARASI, kesalahan dilakukan kini tidak akan diketahui umum - Deklarasi harus dilakukan setahun sekali, lebih baik setiap 3 atau 6 bulan.

PM Muhyiddin tops MACC list with RM93,000 monthly income, 10 other govt officials have assets over RM10m

Wednesday, 22 Jul 2020 09:48 PM MYT

BY IDA LIM

Prime Minister Tan Sri Muhyiddin Yasin had on June 15 declared his monthly income to be RM93,841.65 and his total assets to be worth more than RM10 million. — Picture by Miera Zulyana

KUALA LUMPUR, July 22 — With his public declaration of getting RM93,000 every month, Prime Minister Tan Sri Muhyiddin Yassin earns the highest income in the Perikatan Nasional (PN) government.

A list of assets owned by 57 of the country’s top officials who have declared the Malaysian Anti-Corruption Commission (MACC) is now publicly accessible on this portal as part of a move towards greater government transparency. However, this list does not include all 70 government officials.

Muhyiddin had on June 15 declared his monthly income to be RM93,841.65 and his total assets to be worth more than RM10 million.

10 other officials with assets exceeding RM10 million

The list also names 10 others in PN as having declared their assets to be worth more than RM10 million to the MACC.

They are:

1. Federal Territories Minister Tan Sri Annuar Musa

2. Deputy Tourism, Arts and Culture Minister Datuk Jeffrey Kitingan

3. Deputy Science, Technology and Innovation Minister Ahmad Amzad Mohamed @ Hashim

4. Finance Minister Tengku Datuk Seri Zafrul Zainal Abidin

5. Minister in the Prime Minister’s Department Datuk Seri Maximus Johnity Ongkili

6. Deputy Foreign Affairs Minister Datuk Kamarudin Jaafar

7. Deputy Education Minister II Datuk Dr Mah Hang Soon

8. Deputy Federal Territories Minister Datuk Seri Edmund Santhara Kumar

9. Deputy Minister in the Prime Minister’s Department Datuk Hanifah Hajar Taib

10. Deputy International Trade and Industry Minister Datuk Lim Ban Hong

However, they are not necessarily the ones with the highest monthly income that has been declared.

The MACC portal does not put the exact amount when it comes to the assets held by the members of the PN government.

Instead of listing the exact amount, MACC gave a range of values for the assets declared by each of the 57 members of the PN administration.

The other brackets of asset values listed by the MACC and the government officials in them are as follows.

With assets worth RM8.5 million to RM10 million:

1. Minister in the Prime Minister’s Department Datuk Seri Mohd Redzuan Md Yusof

2. Minister of Science, Technology and Innovation Khairy Jamaluddin

With assets worth RM5 million to RM8.5 million (eight individuals); RM2.5 million to RM5 million (12 individuals); RM1 million to RM2.5 million (16 individuals including Datuk Shahruddin Md Salleh who has since quit as deputy works minister); and those with less than RM1 million (eight individuals).

The eight individuals with less than RM1 million in declared assets are Minister in the Prime Minister’s Department Datuk Takiyuddin Hassan; Environment and Water Minister Datuk Tuan Ibrahim Tuan Man; Deputy Finance Minister II Mohd Shahar Abdullah; Deputy Home Minister I Jonathan Yasin; Deputy Minister in the Prime Minister’s Department Arthur Joseph Kurup; Deputy Human Resources Minister Awang Hashim; Women, Family and Community Development Minister Datuk Seri Rina Harun; and Deputy Rural Development Minister II Datuk Henry Sum Agong.

The previous version of the MACC portal that was first unveiled on November 1, 2018 initially only listed the total income for members of the administration and MPs from the ruling coalition, but did not include information on the value of their declared assets. The previous version of the portal had subsequently the same month included the exact value of the total assets declared by members of the then Pakatan Harapan administration and MPs from the ruling coalition.

The new version of the portal contains additional information such as the post of the individuals in the government.

Unlike the older version, the new version omits information on whether the spouse and children of the government official in question had also made declarations to the MACC.

Top 10 earners in PN government

Other than Muhyiddin, the top 10 monthly income earners are:

1. Annuar at RM87,877.20

2. Kitingan (RM85,450)

3. Home Minister Datuk Seri Hamzah Zainudin (RM84,615.20)

4. Minister in the Prime Minister’s Department Datuk Seri Mustapa Mohamed (RM69,427.20)

5. Senior Minister and Minister of International Trade and Industry Datuk Seri Mohamed Azmin Ali (RM69,186.48)

6. Redzuan (RM65,407.20)

7. Transport Minister Datuk Seri Wee Ka Siong (RM65,236.48)

8. National Unity Minister Datuk Halimah Mohamed Sadique (RM64,527.20)

9. Ahmad Amzad (RM64,087.41)

The top 11th to 20th earners in terms of declared monthly income are:

Minister in the Prime Minister’s Department Datuk Takiyuddin Hassan (RM62,412.13), Tengku Zafrul (RM62,077.20), Khairy (RM61,188.22), Agriculture and Food Industry Minister Datuk Seri Ronald Kiandee (RM59,972.43), Shahruddin (RM59,524.27), Ongkili (RM59,500.20), Deputy Minister of Energy and Natural Resources Ali Biju (RM58,762.89), Deputy Domestic Trade and Consumer Affairs Minister Datuk Rosol Wahid (RM57,322.89), Environment and Water Minister Datuk Tuan Ibrahim Tuan Man (RM57,227.20) and Deputy Higher Education Minister Datuk Mansor Othman (RM56,347.65). If Shahruddin is excluded from the list since he has quit as deputy works minister, Rural Development Minister Datuk Abd Latiff Ahmad will be the 20th highest monthly earner at RM55,147.35.

As for the 10 who have the lowest declared monthly income in the list as of the time of writing, they are Deputy Transport Minister Hasbi Habibollah (RM36,262.89), Deputy Agriculture and Food Industry Minister Datuk Seri Ahmad Hamzah (RM36,262.80), Deputy Minister in the Prime Minister’s Department Datin Mastura Mohd Yazid (RM35,847.65), Deputy Minister Lim Ban Hong (RM34,347.65), Senior Minister and Education Minister Mohd Radzi Md Jidin (RM34,242.00), Rina (RM34,004.48), Deputy Plantation Industries and Commodities Minister I Willie Mongin (RM33,450), Deputy Entrepreneur Development and Cooperatives Minister Datuk Mas Ermieyati Samsudin (RM 25,700), Datuk Henry Sum Agong (RM25,700) and finally Youth and Sports Minister Datuk Seri Reezal Merican Naina Merican at RM24,687.

Those yet to declare their assets

The MACC said that it has to date received and displayed the information on assets declared by 57 out of the 70 members of the PN administration. If Shahruddin is excluded, 56 have made their declarations to the MACC.

Based on the MACC’s definition of members of the administration covering the prime minister, senior ministers, ministers and deputy ministers, there are currently 14 of them who have yet to submit their monthly income and total assets declarations to the MACC.

Based on Malay Mail’s comparison of the MACC portal and the current list of ministers and deputy ministers, five of the 32 PN ministers are not currently listed as having declared their assets to the MACC for the public portal.

These five ministers are:

1. Human Resources Minister Datuk Seri M. Saravanan
2. Energy and Natural Resources Minister Datuk Shamsul Anuar Nasarah
3. Health Minister Datuk Seri Dr Adham Baba
4. Domestic Trade and Consumer Affairs Minister Datuk Alexander Nanta Linggi
5. Plantation Industries and Commodities Minister Datuk Mohd Khairuddin Aman Razali

Of the 38 deputy ministers, nine not on the MACC list are:

1. Deputy Defence Minister Datuk Seri Ikmal Hisham Abdul Aziz
2. Deputy Home Minister I Datuk Seri Ismail Mohamed Said
3. Deputy Works Minister Datuk Shabudin Yahaya
4. Deputy Rural Development Minister I Datuk Seri Abdul Rahman Mohamad
5. Deputy Housing and Local Government Minister Datuk Seri Ismail Abd Muttalib
6. Deputy Communications and Multimedia Minister Datuk Zahidi Zainul Abidin
7. Deputy Youth and Sports Minister Wan Ahmad Fayhsal Wan Ahmad Kamal
8. Deputy Environment and Water Minister Datuk Ahmad Masrizal Muhammad
9. Deputy National Unity Minister Datuk Seri Ti Lian Ker

* A previous version of this story contained errors which have since been corrected - Malay Mail, 22/7/2020

Najib's and BN's commitment to anti-corruption question - looking back at Eric Chia and Kasitah Kadam's judgments

Our Prime Minister Najib and the BN government over the years have been trying to convince us that they are anti-corruption, and will act against corruption and other mal-practices. Alas, it is sad that only the 'small crooks' have been targetted - not the big crooks. 

Even, if the 'big boys' are arrested, charged and tried - the government still will do the needful to ensure that they are acquitted. Prosecution sometimes just fail to present a strong case - sometimes even by not calling important witnesses, that should have been called, and hence leaving judges no choice but to acquit. Remember, once a person is charged and acquitted, he/she cannot be charged again for the same offence.

We really need laws to ensure that we can take and charge persons vested with powers to court for their actions (inaction) that was deliberate or negligent that undermined the law and/or the good of the nations. Prime Ministers who signed agreements or did things detrimental to the law, rights and justice. We need the ability to be able to charge former PMs, Ministers, Director Generals, Auditor Generals, etc -- and they should never be given immunity by reason of the fact that these were done while they held a particular office. Prosecutors who failed to call important witnesses...who failed to present a proper case... so persons charged get acquitted by reason of their actions/omissions and/or gross negligence should also be liable to the people they serve.

Remember Eric Chia and Kasitah Kadam - both were acquitted because prosecution failed to call material witnesses.

The Eric Chia case...

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....

.

,,,,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

When you do not have sufficient evidence and necessary witnesses, you must never charge a person in court. And, if you fail to convict, then it is time for Malaysia a law that requires the government to pay COMPENSATION to accussed persons - to compensate their loss of liberty, their costs, etc... 

When it comes to material witnesses, it is normal practice to first record a statement by the witness usually under oath - so, even if there is a sudden change of testimony when he is called, that witness can be challenged with reference to the earlier statements  given. Such witnesses could also be charged in court...

Witness can be summoned through the issuance of subpoenas (court orders) and a failure to comply with the said order can give rise to contempt proceedings taken against such witnesses...

So, why was there a failure to call material witnesses? Was there some order...or some other intervening factor at play that wanted the said accused persons acquitted? Or was it just incompetence, negligence or inexperience on the part of the assigned prosecutors? All we can do is speculate...

See also earlier post:

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

Judges’ declaration of assets will enhance public confidence in Judiciary - but really this is insufficient to fight corruption

Declaration of assets may be one of the steps towards ensuring the independence of the Judiciary..... and maybe it should also extend to immediate family members.

But, corruption has become creative today - and it takes on different forms.... appointment as a Director of a Company or a Commissioner or into some Board or another after retirement. Maybe, it also takes the form of employment as a highly paid Consultant in some law firm. The Malaysian Bar had called before for a 'cooling off' period of three years from the date of retirement but is this enough...

What really is the problem? I believe that the problem is the salary and pension - it is too low. I believe that when judges retire, their income be it from salary or other allowances should be maintained as their pension, with maybe a steady increment thereafter to reflect inflation and increased cost of living. Note that today, judges many a times do not even receive 50% of their last drawn salary - because their pension is calculated using another formula, which takes into account the number of months they sat as judges. This is not right.

Below the Bar's statement:-

Press Release

Judges’ declaration of assets will enhance public confidence in Judiciary

The Malaysian Bar applauds the Chief Justice’s announcement that superior court judges will be required to declare their assets, as well as his reminder to judges to uphold the independence of the Judiciary and reject interference of any kind.

 

The involvement of the Malaysian Anti-Corruption Commission (“MACC”), a third party, will enhance the perception of impartiality in the verification of the declaration of assets.

 

These are important steps towards increasing public confidence in the Judiciary, which the Bar supports.

Lim Chee Wee

President

Malaysian Bar

16 Jan 2012

418,200 or 41% of Malaysia's civil servants suspected to be involved in corruption

It is shocking that it has been revealed that 41% of public servants (normally referred to as government servants by governments seeking to create a mindset that they should be supporters for...and vote for only the UMNO-led BN. The correct term is 'public servants' and they are meant to serve the Malaysian public - their loyalty is first to Malaysians - not the government of the day).

41% - this was revealed by their own union, and the question is why the lack of actions against these public servants. Maybe, the law need to be amended to add 'special punishments' for civil servants, i.e. termination, and maybe even loss of other benefits, including pension for the more serious offenses.  

There must also be publicity as to the nature of these offences - and the punishments meted out. This will help educate the public - and will certainly be a deterrent. 

TEMERLOH: Cuepacs is alleging that 418,200 or 41% of the 1.2 million civil servants were suspected to be involved in corruption last year.

Its president Omar Osman said this was worrying and needed to be tackled urgently.

“To combat the scourge, Cuepacs will work closely with the Malaysian Anti-Corruption Commission,” Omar told reporters after opening the triennial general meeting of one of the affiliates of the umbrella union here yesterday.

Omar said besides corruption, Cuepacs would also not protect civil servants with disciplinary problems. For example, playing truant or forging medical certificates.

“There have been cases where a one-day medical leave was doctored to read as 11 days,” said Omar. - Star, 3/6/2010, 41% of civil servants involved in corruption

Should the actions taken against these corrupt civil servants be internal...and hidden from the public? Or should they be charged in court, and accorded a fair and open trial? I believe that they should be charged and tried. Internal actions always gives the perception that the government is seeking to protect some - possibly the 'higher-ups' or some connected persons/companies.

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...

In Malaysia, all persons are equal but not the 'VIP', like MB Selangor

Our Federal Constitution guarantees that all persons are equal before the law...

Article 8, Federal Constitution - Equality.

(1) All persons are equal before the law and entitled to the equal protection of the law.

(2) Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.

(3) There shall be no discrimination in favour of any person on the ground that he is a subject of the Ruler of any State....

But alas, there seem to be some inequality practiced when it comes to VIP, VVIPs, etc and this must stop.

Many of us are already concerned in the way the police and the then ACA have been dealing with cases implicating Mohd Najib Razak, our DPM...

And, now we find that our newly formed Malaysian Anti-Corruption Commission (MACC) also treating 'VIP's differently

We wanted the MACC to be independent - and that is also the reason why we also wanted them to have the power to prosecute without having to go and get the consent of the AG...(or the DPM, or the PM...or some other)....but it was not to be.

If there is corruption - and you have sufficient evidence, then you must charge the suspect in court - and that is that. You do not have to go to the press and report to thye whole world the strength of evidence that you have. In any event, did you do it for all cases - or just the selected few, ...maybe those that involve opposition personalities.

I must ask that Ahmad Said Hamdan step down as the MACC chief because he just cannot get away from the old ways of doing this, and seems to be just too fearful of exercising his independence without fear or favour...

We need a new person to be made head of this New MACC - someone not influenced or contaminated by the old norms, the old ways of doing things...

MACC chief Ahmad Said Hamdan said the commission preferred the Attornet-General's chambers to handle the Selangor MB's case as "it involves a VIP".He said this when asked by reporters on the matter in Penang this morning as to why MACC did not proceed to prosecute Abdul Khalid, which is within its powers to do so. - Malaysiakini, 20/2/2009, Car 'n cows: S'gor MB could be charged

GEORGE TOWN: Malaysian Anti-Corruption Commission (MACC) chief Datuk Seri Ahmad Said Hamdan said that there was strong evidence to show that Selangor Mentri Besar Tan Sri Khalid Ibrahim misused his powers over the maintenance of his personal car and the distribution of 46 cows worth RM110,400 for slaughter during Aidil Adha celebrations in his parliamentary constituency of Bandar Tun Razak last December.

The Malaysian Anti-Corruption Commission chief commissioner Datuk Seri Ahmad Said Hamdan said the commission had completed its investigations and the matter would be referred to the Attorney-General (AG) for further action.

“We would suggest that legal action and so on be taken, as we have strong evidence for both the cases that abuse of power has taken place.

“Although we can make a decision to press legal charges, but the commission feels that it is better if the AG makes a decision.

“Since it involves a VIP, it is better that the case is referred to the AG, as there might be certain parties not satisfied with the investigation by the commission ,’’ he told reporters after the ground-breaking ceremony of the building of the state commission’s staff housing on Friday.

This follows a report lodged on Feb 6 by Selangor Umno Youth, alleging that Khalid had used state funds to pay for the maintenance of his personal car.

Its Shah Alam head Azhari Shaari, accompanied by the Kuala Selangor, Ulu Selangor and Kota Raja Youth chiefs, lodged the report at the Selangor Malaysian Anti-Corruption Commission (MACC) in Shah Alam.

He said they were filing the report on behalf of the state Umno Youth and claimed that they had evidence that Khalid had misused his power.

On Wednesday, Khalid filed two defamation suits against Sungai Besar state assemblyman Datuk Seri Dr Mohd Khir Toyo over allegations related to his personal car, a Lexus, and the purchase of 46 cattle.

The suits were over “Lexus is my own, says Khalid”, a report in the News Straits Times on Jan 15, and “Lepaskan jawatan MB”, published in Utusan Malaysia on Jan 23.

“On my client’s part, there are no transgressions as he has the documents to back up his purchase of the Lexus and on the purchase of the cattle, which was made solely by PKNS and donor firms, without his involvement,” Khalid’s lawyer Sankara Nair had said then. - Star, 20/2/2009, MACC Chief: Strong evidence of misuse of power by S’gor MB (Updated)

I am also concerned about the fact that the MACC chief has spoken to the press about the status of the investigations, and the fact that he has a strong case, etc ... this is really not at all proper.

If there is sufficient evidence, then charge him in court, and let the trial begin...

After all, it is for the court to determine whether you have sufficient evidence or not to convict a person. The MACC chief may now say that he has strong evidence but then when it comes to Khalid's lawyers, they will say the opposite. It is the court that ultimately decides after the trial.

If he did have strong evidence against Najib (our current DPM), for the many allegations of corruption? Would he have come out and told the media that he did have sufficient evidence? I think not - and the reason is obvious...and it is very telling about the man that now heads the MACC.

So, his speaking to the press in the case of Pakatan Rakyat Selangor MB may also be seen by some as an indication of his political leanings, and a measure of his 'independence'.

We should never advocate trial by media - and this act of the MACC Chief speaking to the press about his opinions about the evidence collected in a corruption case involving the Selangor MB even before he is charged, or even before there is even any decision that he will be charged is very very wrong.

OR...is he sending a "message" on behalf of some....i.e. if we want to, we can charge you and will most likely succeed in convicting you, so...

So what?

Maybe, if you leave PR and become pro-BN Independent, then maybe your case may disappear.. This is pure speculations, of course.

OR - maybe his going to the press and saying that he had 'strong evidence' was his way of denying the AG the option of not charging Khalid in court, Think about it. If the AG does not now charge Khalid, there will be many wondering as to the reasons behind that for after all the chief of MACC very confidently told everyone that he had 'strong evidence'

But, then again we will not know why he did what he did, will we?

Chief Justice Zaki Azmi admited he bribed....CORRUPTION?

Chief Justice confessed that he bribed court officials when he was a lawyer - this is clear from the New Straits Times report..

"What I am telling you is not fiction but based on my own experience in private practice," he said at an integrity convention here.

Recalling an incident in 1987, Zaki said he was "blacklisted" when he complained to the chief registrar of two missing files belonging to his clients.

"It took me six months to be nice, to bribe each and every individual to get back into their good books before our files were being attended to.

"That was my personal experience, and I am telling this to all the clerks and all the registries to stop this nonsense and I know this is happening, even as late as last week... a lawyer came to see me."

He added that the clerk asked the lawyer to come the next day to collect the file after saying "tapi jangan lupa, ya", signalling him to come with cash. - New Straits Times, 8/11/2008 -Stop it now, corrupt court staff warned

He admitted to bribing - and I believe that it is (and was) an offence in this country and there is no limitation when it comes to crime.

He may be the head of the Malaysian Judiciary - but still he is not above the law.

I hope that the ACA and/or the police take immediate action based on his own reported admission.

Investigation hopefully will also result in action taken against all them court officials that received Zaki Azmi's bribes...

The Bar Council should also commence disciplinary action against him (or his firm) if possible - and maybe also investigate that lawyer that Zaki Azmi talked to last week according to the report.

Zaki Azmi is not immune just because he is the Head of the Malaysian judiciary ...or is he?

Priciples, Values, Morality - Irrelevant when chosing next UMNO President...

Just look at what is happening with regard the UMNO Divisional nominations whereby Mohd Najib Razak has to date have had all the nominations made for the post of President of UMNO - No one else have received a single nomination for the post of President.

Scandals and allegation relating to his involvement with now-deceased Mongolian national Altantuya Shaariibuu, and allegations of corruption just have no effect in the manner in which the UMNO Division nominations have been coming in...

Tengku Razaleigh Hamzah has to date got no nominations yet. Would he get more than the i he got the last time? I wonder.

Nominations for Deputy Prime Minister Najib Abdul Razak for the post of Umno president continued to nudge up despite the cloud of scandal hanging over him.

MCPX

The 55-year-old received the thumbs-up from Tuaran division in Sabah, raising his tally of nomination to 29. - Malaysiakini, 15/10/2008 - Najib nominations rise despite allegations

Well for persons at the Division levels, the only concern is not to get into the bad books of who will ultimately be the President (and maybe even the Prime Minister if Pakatan Rakyat do not take over before that...) - because if not, there may be implications. The amount financial benefits and economic perks that will flow from the top to the 'loyal' ones' may be different from the 'dis-loyal ones'...mmm

Principles and values are of little or no importance.

Now that he has got 29, all others will most likely follow the flow... (Safe for a few, no Division will be brave enough to stand against the flow...)

Now if Tengku Razaleigh had 29 in the first week, then Ku Li would most likely get the rest of the nominations..

If Ku Li had got at least 10 in the 1st weekend, then we may be looking towards a contest come March 2009 for the post of President - we would have seen greater democracy in UMNO.

But, as it is, the reasons that is of concern to Division leaders -- is money, contract, tenders, economic well-being and posssibly their own personal political survival.

In my opinion, the problem that plagues UMNO and some of the other BN component party members is its own 'new members' who have joined since the last 30 years or more. This problem has become compounded also by reason that the UMNO led- BN has been in power for far too long - 50 over years.

'Why did you join UMNO?', one may ask. Many did, I believe, because they wanted to get 'contracts' and goodies that joining the party would bring them especially if they managed to became leaders at branches...leaders at Divisions...leaders.... The drive to become leaders is many a times not because of better ideas or a different agenda or a better program -- but because it will bring me more WEALTH and power for the ME...how sad.

The earlier members of UMNO, MCA, MIC...may have joined because of what the party stood for - the objects, the values, the principles, the struggle...but the many of the later ones joined for the benefits that they hoped to reap...

As such, if the Pakatan Rakyat takes over Federal Government, many of these members of BN component parties will hop over not because they believe in the struggles and ideology of PAS, DAP and PKR --- but because that is where the new goodies will be coming from.

Many BN members in the states that have been taken over by the Pakatan Rakyat has suddenly found their taps of wealth start to run dry...and their powers and influences just fading away. How long can they survive? Will they stay true until the next general elections ...or will they like ants just move to where the sugar is.

Semangat 46 just could not take the hardship of 'dry taps' - and as such they went back and joined UMNO. I recall the day when Tengku Razaleigh Hamzah (Ku Li) was the icon - the 'leader' of the Opposition and civil society - the hope for a change....just like Anwar Ibrahim in 1998 onwards...

And like Semangat 46, I believe many of the ex-UMNO who were in PKR have also started moving back to UMNO - and the main reason is that they cannot live with 'dry taps'. If the Pakatan Rakyat did not do as well as it did in GE2008, in capturing 5 states, I am sure that many more of these ex-UMNO, ex-MCA and ex-MIC types would just slowly got back to the parties of BN where the pipes are flowing with milk and honey...

So, it is not values or principles that is causing Mohd Najib Razak to get all the nominations for Presidency - but the concern about money matters, the being in the winning camp, political survival ...that seems to be the nature of UMNO members sitting and voting at the Division levels.

If not so, then with all them allegations of possible involvement in murder and corruption floating around about Najib, many would have preferred just some other person to the the head of beloved UMNO...

Can we really expect any better from UMNO members...?

Today members of PKR, DAP and PAS will say that they are not like that...BUT beware theyu may be one day, if they are not careful, since these parties are already government in 5 states - and may soon even be the new Federal Government...

It may be good for UMNO and the other BN parties to be in Opposition for a few years - it may be good for the party. It can be a time to weed out those 'parasites' that are only there for so long they can get their 'monies', their projects, etc....It can be a time to re-evaluate and re-develop objectives, mission, principles....

We shall see how the UMNO nominations proceeds for the next 3 weeks or so...which will confirm the general nature and characteristic of the UMNO member...

Najib says no abuse of power to be seen in the SMS communications - Star

Well Mohd Najib Razak has, I believe, admitted that the SMS communication was his - and has gone further to say that there was no abuse of power..we shall see...we shall see...

Malaysia Today recently published the SMSes, alleging that Najib abused his power and interfered in the investigation into the murder of Mongolian Altantuya Shaariibuu.

When reporters kept pressing him to elaborate, Najib said: “Why should there be a major concern? If it is of public interest, read it very carefully, there is no abuse of power. Period.” - Star, 14/10/2008 - No abuse of power, says Najib

The said text messages are to be found in a posting entitled 'Abuse of Power By The Deputy Prime Minister' in Malaysia Today.

Well, some are wanting that there be an investigation not just on that text-messages but on many other matters as well...

Opposition Leader Anwar Ibrahim has called for a probe on Deputy Prime Minister Najib Abdul Razak for allegedly abusing his power in relation to the Altantuya Shaariibuu murder case.

Anwar’s call came in the wake of an alleged exchange of text-messages, purportedly between Najib and senior lawyer Muhammad Shafee Abdullah over the alleged involvement of political analyst Abdul Razak Baginda in the case.

“Our allegations against Najib - from the murder of Altantuya, the submarines and Eurocopter (purchase deal) to the SMSes exchanged between him and the lawyer - there is no response, no investigation and no report,” said Anwar, when met in the Parliament lobby today.“So you find there is a case where a public figure wants to be shielded from any investigation.”

Anwar, also the Permatang Pauh MP, said the latest development will affect the government’s credibility.

He called for open investigation to uncover the truth, saying: “How can we accept a leader who is not prepared to defend himself? (But) I am not suggesting anything except for an open investigation.” - Malaysiakini, 14/10/2008 - 'Investigate Najib over text-messages'

For once, I hope that the necessary authorities will act once and for all and investigate these numerous allegations against Mohd Najib Razak (most likely our next UMNO President)...

It seems that many are going out of the way to protect and shield him...WHY?

We cannot leave this hanging...or swept under the carpet...

I am wondering HOW they managed to get that SMS communications of Mohd Najib... (Does that mean all our own SMS communication can also be intercepted and read by others..)

Anyway, for those who have read the SMS communication - what do you think? Do you agree with Najib that there was no abuse of power?

Once in a while - a 'show piece' to show that something being done to fiight corruption...

From time to time, we hear that some action has been taken as Corruption...but surely this is not enough...

If the government seriously intends to fight corruption - then there must be an independent body to fight corruption set up in the country - who is only concerned with the fighting of Corruption.. and the Hong Kong Independent Commission Against Corruption (ICAC) is a good model to follow. No use just getting a Anti-Corruption Commission which is toothless, and not independent.

Now, I believe, from time to time a few get arrested and charged for corruption - BUT this is all but 'show-pieces' lest the public are unhappy about the efforts of the government and ACA in fighting corruption. Of course, a few of these get highlighted in the media. One wonders what happens to the BIG boys - they never do get caught, tried and found guilty - do they now? Was Mohd Najib Razak ever investigated with regard allegations about some 'submarine deal'? If no, why not?

A police sergeant who has been in the force for more than 27 years was yesterday sentenced to one year's jail and fined RM25,000 for corruption.

Sessions Court judge Nurmala Salim found Sergeant Abd Aziz Saad, 46, guilty of soliciting RM5,000 from Yap Kian Vun, manager of a direct-selling company, at the Seri Kembangan Petaling Jaya South police district at 5.30pm on July 15, 2003.

The money was an inducement to release four of Yap's employees who were detained for cheating.

Aziz, who was then an assistant investigating officer, was in charge of the case. - The New Straits Times, 14/10/2008 - Cop who sought bribe gets jail, fine

ACA DG 'leaps into the fire from the frying pan' on that 2 PKR State Exco issue...

ACA DG's effort to try convince Malaysians that arrest of the 2 PKR State Exco members 'has nothing to do with politics' just further reinforces the believe that the ACA may have sold its soul to the 'devil'.

If it was a normal usual arrest for the purposes of investigations - there would not have been a Press Statement issued. Remember, they are just suspected of being involved is some corruption at this stage. Are they corrupt? Well, the ACA is still investigating. Maybe they are just persons who may be able to assist in the ACA investigations - i.e. witnesses.

Oh yes, the police/ACA do not just arrest suspects - they also arrest witnesses (or people who, they believe, will be able to help in the investigations) - strange, is it not?

As I mentioned earlier, a notice requiring the attendance to assist in the investigations would have been sufficient - no necessity really to arrest at this stage. They did not do an 'Anwar' by not turning up after being notified that their presence is required to assist in some investigation.

And would these persons now arrested and being detained, i.e. them EXCO members (and the others) run and flee the country....I do not think so.

Do the police/ACA have the power to arrest and detain persons like this -- oh yes they do have - and that is why the law must be reformed --- amended. (See my earlier post for some of my suggestions for reform).

Even if you did arrest, there was no need to go to the media and publicize it --- ACA cannot deny this because they did prepare and issue a Kenyataan Media (Media Statement) - which went into details of the alleged corruption being investigated. Why? [Malaysiakini did publish the full statement]

Remember - in the case of Anwar - there was great secrecy about the contents of even Saiful's police report (which is a public document) - but here the whole world knows almost the full details of the alleged crime.

Now, ACA DG comes out again today in the press saying that the arrest and its timing had nothing to do with politics...This attempt to salvage spilled milk just makes matters worse for the ACA..

The arrest of the two Perak executive council members by the Perak Anti-Corruption Agency (ACA) has nothing to do with politics, the agency’s Director-General Datuk Ahmad Said Hamdan said Thursday.

He said he was disappointed with allegations by certain quarters who accused the agency of deliberately detaining the two men when there was by-election fever in the country. “I am disappointed when the ACA is accused of conspiracy, scheming with the ruling party, that is not true. This is a criminal case. We have nabbed many people ... Director-General of Immigration and senior police officers. - Star Online, 21/8/2008 - ACA DG: Arrest of Exco members not politically motivated

He should not have even come out and responded - or is it just a case of 'siapa makan cili dia rasa pedas' (he who eats chily will feel the chilly hot - a very bad translation).

Here, he goes further and apparently blurts out to the press --- we have proof - and that the ACA have conducted investigations for 3 months

WHY is the DG of the ACA telling us all this now?

The investigation is still on-going, and the arrest is to facilitate investigations into determining the truth. Is the DG now implying that they are really the 'suspects', and not just witnesses?

The proof is there so we arrest them,” he told reporters after attending a forum titled ‘Independent Anti-Corruption Commission: Towards Effectively Combating Corruption and Enhancing Integrity’ at the Integrity Institute of Malaysia here Thursday.

Ahmad Said said the ACA conducted investigations on both the Exco members for more than three months and it was a coincidence that the arrests were made close to the by-election.- Star Online, 21/8/2008 - ACA DG: Arrest of Exco members not politically motivated

If the proof is there, why not just charge them in court? End of story...

What you are doing now is violating the rights of the 2 PKR State Exco members, and them others. You are slinging mud at them in the wrong forum - it is becoming a trial by media.

The proper way of doing things is investigate - and if there is sufficient evidence, then charge them in court - and bring forth all them evidence in court. Let them who have been charged defend themselves in court.

The ACA and its DG should not be going to the media at this stage - it is not at all proper.

From the frying pan, the ACA DG has jumped into the fire -- and now, I believe, that more people are going to believe that the whole arrest and the timing of the arrest is really politically motivated.

I fully agree with the DG when he says “Just because of the election (it does not mean) we put aside the case till later...." - but there is proper way of doing things...

Is it becoming the trend that DGs are now going to the media and making statements with regard to on-going criminal investigations. If I am not wrong, the Health DG(Merican) also went to the media even before Anwar was charged... now we have the ACA DG.

I believe that the fumble on the part of the ACA, and now its Director General is significant enough for the ACA DG to be removed, or for him to resign.

It is most important that ACA be seen as independent - and not politically motivated.

ACA must also be professional...and behave professionally....and I believe that they have failed here.

And guess what, this issue is already being used by the BN in its campaign in Permatang Pauh....

...Citing the arrests of two PKR Perak executive councillors by the Anti-Corruption Agency yesterday, he [Khairy Jamaluddin - the Prime Minister's son-in-law] chided the opposition party for being inconsistent in their graft-busting campaign... -Malaysiakini, 21/8/2008 - Khairy: We've come to 'bury' Anwar

In any event, even if the 2 are found guilty ultimately by a fair and open court, some bad apples would not make the whole bunch bad...

OR....would the other saying be more appropriate - 'It is just the tip of the iceberg...

Wan Azizah, Permatang Pauh, Anwar and "arrest'

Well, Wan Azizah, duly elected people's representative resigned as MP of Permatang Pauh. Why? So that her husband Anwar Ibrahim can contest...maybe win...maybe become the next MP of Permatang Pauh.

Question:- Did Wan Azizah consult with the people of her constituency before she resigned? Wonder whether the people of Permatang Pauh voted Wan Azizah as MP because of who she was as a person OR was it because of the party under which she stood for elections in March. If it was because she stood under a particular party, then it matters less if she resigns now and some one else stands again. If they voted Wan Azizah the person, then she may be said to have 'betrayed' her contituents for they wanted her not her daughter, her son or her husband.

I really hope that Malaysians are voting for the person - not so much the party symbols they stand under. There was a joke before, that in some areas even a 'kambing' running under the BN symbol will win. The party is a consideration, but surely the person and the personality should be the biggest consideration for the voter. (I may be an idealist...a dreamer...)

I was hoping that at last we may be looking at a women Prime Minister for Malaysia come September 16, if Pakatan Rakyat managed to wrest the support of the majority of the MPs in Parliament - Anwar could have been an effective advisor.

Somehow, I still believe that it may be better if some one else, other than Anwar, becomes the Prime Minister, if Pakatan Rakyat were to form government. Wan Azizah would have been a good choice - but now, maybe we could be looking at mild mannered committed Professor Syed Husin Ali (who should really run for the Kulim seat). Lim Kit Siang and Hadi could be Deputy Prime Ministers. Anwar would be Advisor - just like Kuan Yew in Singapore. There are many many reasons as to why de facto Pakatan Rakyat leader should not be the PM - but that is for another day and another time.

Now, the SODOMY charge. There is a threat of impending arrest... Why? Because the police have allegedly completed investigations and Syed Hamid told us yesterday that the investigation papers have been sent to the AG.

If the AG wants to charge Anwar, then he may be arrested and brought to court and charged. Note that Anwar can also be informed that he should attend court to be charged - i.e. without there being any necessity to arrest him with masked police personnel etc..

Either way, after he is charged - he will likely to plead "Not Guilty" and then there will be the Bail application - and he should be out on bail. Even, if Anwar is denied bail - and has to be in remand prison - he can still contest. Even if they use the ISA and detain him, he can still contest - remember DAP's Manoharan a Selangor ADUN, elected while in detention.

My only concern is the corruption, the threats and promises which may be there in the coming Permatang Pauh Parliamentary election - and beware, Najib may lead the campaign for the BN and there are still questions how Najib did so well in the last GE2008 by winning with a majority of 26,464, compared to a majority of 22,922 (2004) and 241 (1999).

GE2008:

P85 - PEKAN Turnout : 47869 (82.2%) Spoilt: 1261 Voters: 58217
* Mohd Najib Abdul Razak (BN - UMNO)	36262	Maj: 26464
Khairul Anuar Ahmad Zainudin (OPP - PKR)	9798

GE2004

Mohd Najib Abdul Razak (BN - UMNO)	31956	Maj: 22922
Zakaria Dahlan (OPP - PAS)	9034

General Elections 1999
Ramli Mohamed (OPP PAS)			12907
Datuk Seri Najib Tun Razak (BN UMNO)			13148
Total Votes cast	% Votes cast	Spoilt Votes	Majority Votes
26055	73.2	631	241

Well, when results all over the country saw an increase in votes for the opposition and a decrease of votes for the BN candidate - Mohd Najib Abdul Razak saw an increase. Either, the constituents really liked this man OR... Anyway, the involvement of Najib in the Permatang Pauh by-elections must be a concern for Anwar ..

Interesting, his name is MOHD Najib Abdul Razak -- therefore R.A.H.M.A.N. theory would not be good for him as well...

ACA is not the tool of UMNO (or BN) to be used as it pleases..

When it came to the GE2008, the BN said that its candidates allegedly would and have been vetted and found to be "not corrupt" - was that it?

Now, when it comes to UMNO elections again they again going to use the ACA to eradicate money politics...

Umno has asked the country's anti-corruption watchdog to help it battle vote-buying in the heated contest for top posts.

MCPX

Party secretary-general Tengku Adnan Tengku Mansor said complaints would be referred to the Anti-Corruption Agency.

"The party's disciplinary board cannot check such complaints as it does not have the means to do so. If there is proof, we will refer them to the ACA," he was quoted as saying by the New Sunday Times.

"There have been complaints of money changing hands at party meetings, but we do not have proof."

Tengku Adnan said party members had nothing to fear. "We are serious about eradicating money politics." - Malaysiakini, 27/7/2008 - "Party polls: Umno to call in ACA"

What happened to those persons that were found involved in money politics previously? Were they charged in court? NO....they were not -- some internal discipline apparently. If that is the way, that UMNO does things - it is very wrong to use the ACA....and it is wrong for ACA to allow itself to be used in this way..

So, with regard the last GE2008 - can we say that ACA has given a pronouncement that all BN candidates are not guilty of corruption....surely the ACA would not have enough time to do any investiogation and pronounce any person not guilty of corrupt practices, etc...

OR did the ACA say that there were no investiogations pending against the said BN candidates? ...will the ACA do that? I do not think so...

In any event, the ACA does not belong to UMNO or the BN -- and it should not be used in such ways by UMNO or the BN?

The ACA is not there for your political games...

If UMNO is serious about erradicating money politics - then NOW today go and file reports with the ACA with regard to those whom you find guilty of money politics before, who you did vet out internal punishments to. Go file a report. Hand over the results of your investigations. Let the law take its course. Let them who are guilty be charged in court, tried and sentenced if found guilty... If you do this, then people will know that you are serious about combatting corruption - if not, just stop making all these statements about ACA and erradicating money politics....

We are fed-up... with all talk and no action.

By the way, is the PM, DPM, them Ministers and their Deputies, Menteri Besars and State Excos using government money to move around here and there to campaign for the UMNO positions in the Supreme Council?? ACA should be looking at this ....because this is the peoples' money and resources.

Migrant workers should be responsibility of Human Resources Ministry

Which ministry should be in-charge of foreign workers? I believe that rightly, it should be the Human Resources Ministry.They should be responsible for all matters concerning workers - demand and supply.

All matters pertaining to the recruitment of foreign workers should come under the purview of the Human Resources Ministry, including the outsourcing agencies and the special approval for foreign workers, said its minister Datuk Dr S. Subramaniam. - Star Online, 21/7/2008 -Subra: Let my ministry handle all foreign worker matters

In fact, the time is here for us to even review the policy and practice of employing migrant workers in Malaysia.

When employers refused to increases wages - when long oppressed Malaysian workers started demanding for higher wages as cost of living and a desire for a better quality of life increased , the solution was to look elsewhere for easily "manageable" and cheap labour - hence the bringing in of migrant workers.

Other factors was that Malaysian workers were getting more choosy with regard the their workplace and the kind of work that they would like doing.

Now, there is a system of Recruting Agents in the Sending Country, and then the Agents in the Receiving Country -- and then to the Employer - which means workers (and their future employers) end up paying a lot of fees, levy, etc... and by reason of the current system, the potential for abuse of power and corruption is very high. I do not need to elaborate further as we all know that even the Malaysian DG of Immigration (and his Deputy) are now being subjected to investigations by the Anti-Corruption Agency. They were arrested, remanded and now released... but it must be serious because the government just appointed a NEW DG and Deputy for the Immigration Department.

Who should be in-charge of foreign workers? It was a fight between the Home Ministry (i.e. the Immigration Department) and the Human Resources Ministry -- and given the happenings of late, it should settle matters and rightly, the full responsibility should be handed over to the Human Resources Ministry.

In fact, we should also think about getting rid of them 'agents' and this will cut cost (and prevent unnecessary beneficiaries of what really is an employer-employee affair).

For local workers, the employer is duty bound to register their workers - and inform the necessary bodies like the KWSP, Perkeso (Social Security Organisation) and also the Income Tax Department. Maybe, likewise this obligations should also apply to migrant workers - maybe the reporting obligation may even include a few more bodies like the Immigration Department, Police, Human Resource Ministry.

With regards to entry into the country, everyone is provided the normal social visit pass -- and for someone who wants to find employment in the country, he should try within that month to get employed. If he finds employment, then the employer should register him and with that an application for a temporary work permit for 1 year at a time (maximum 5 years possibly..)

Of course for an employer, before he can employ migrant workers, he would need to satisfy the conditions imposed by the Human Resource Ministry ...

Dr Subramaniam said his ministry had created a Job Clearing System for the use of employers who required foreign workers.

“The system will ensure that employers give preference to local workers first before employing foreigners,” he said.

Now, if a migrant worker loses his job for whatever reasons, or resigns because of breach of contract or some other reasons, his visa to remain in the country shall lapse 1-month thereafter. The migrant worker shall be given 1-month for him to secure another employment and if he fails to do so, he will have to leave the country. This kind of system is used in Thailand, for example...and it seems to work.

Obligation shifts to the employer and the migrant workers -- no more on the agents, etc..

Undocumented workers can survive because some employers are employing them... and as such rather than going after migrants, the time has come that we have to go after these employers...

Every year, or so, after the government deports hundreds of thousands of undocumented migrants, we hear a plea from the plantation, construction sector that they are facing a shortage of workers --- Adding two and two together, one can figure out that the culprit who has been employing undocumented workers are persons from these sectors - for if not, deportation of undocumented workers should not affect them at all..

Corruption...yes, corruption is very high -- and the word in the media is that it goes higher than the DG of Immigration....mmm how high...all the way to the Home Minister Syed Hamid...or higher to the DPM...maybe the PM...or even higher to that 'son-in-law' (allegedly occupying a higher floor than the office of the PM)...

We have over 2.2 million documented migrant workers (and possibly as high as 5 million undocumented workers), and the current persons responsible being the Home Ministry and the Immigration Department has not done a good job -- so rightfully, transfer full responsibility to the Human Resources Ministry..