PM Najib says he has been cleared of corruption claims, but many, including the Bar, may disagree?

Prime Minister Datuk Seri Najib Razak today said he has been cleared of corruption claims linked to a RM2.6 billion deposit in his personal accounts.

Well, he is wrong - he has not yet been cleared of corruption. What exactly did MACC say - well I went to their website and did searches for 'Najib' and '1MDB', and all I got was these words 'An error has occurred. The requested page cannot be found.'  It would have been good to have sight of the statement of MACC that allegedly stated that the source of the funds was not 1MDB. Was there a statement by MACC saying that the PM was cleared of all corruption claims...?

'Corruption Claims' - well, who exactly cleared the PM? Remember that many are looking into this case - the MACC, the AG's Chambers, the Police, the Special Task Force, Bank Negara, Public Accounts Committee(PAC) in Parliament >> Maybe even the Registrar of Societies...maybe also the Income Tax people.... Who has cleared you of the 'corruption claims'? You, who are the 'suspect' being investigated cannot clear yourself in this case...

If memory serves me, all that MACC state from that 1MDB was not the source of money. I do not remember MACC saying that the PM was cleared of corruption....

The primary question is whether Najib Tun Razak, our sitting Prime Minister, has committed an offence of corruption? About RM2.6 billion found in his bank account/s. That is sufficient in law to raise the legal presumption that 'the gratification shall be presumed to have been corruptly received'(sec 50, MACC Act), and a donation is also a 'gratification'(sec 2, MACC Act).Najib must prove now that the said gratification was not 'corruptly received, etc...' - and the place would be before Malaysia's independent courts...see earlier post:- Can or should PM Najib be investigated and/or charged for corruption? What does the law say? - Just an opinion

The Malaysian Bar, in its recent Media Statement also states:-

The MACC Act 2009 provides that even if the alleged deposit into the personal bank accounts of the Prime Minister may have been a donation, it does not necessarily mean that no corrupt act had occurred.  The term “gratification” in section 3 of the MACC Act 2009 includes a donation, and does not exclude a political donation.  MACC should also look into section 17 (regarding the offence of giving or accepting gratification by an agent), read with section 50 (regarding a presumption in certain offences) of the MACC Act 2009.

It is therefore still imperative that the MACC identify the purpose, if any, of the donation, the conduct and activity of the recipient in relation to the use of that donation, and the reason why the donation was deposited into a private account of the recipient.  Donations of this nature are seldom made for charitable purposes.

  

There is assertion that the money was UMNO's - well, is there proof of this. Was the account, or the sums received and spent reflected in the UMNO Supreme Council minutes? Odd, to say that the account number and details were kept 'secret', the in-flow and the out-flow was also kept 'secret'. In fact, any society must transparently disclose all financial matters to the members - so, was it  there in UMNO's financial reports? Was it discussed at the AGMs?

I am still disturbed by the fact that PM Najib did not immediately come out and say that the money was transferred into HIS PERSONAL Bank Account, but that money was the account under his name held in trust for UMNO(whereby such is permitted under the UMNO Constitution and fully known to the Supreme Council). But sadly,,,he kept silent...only stating that it was not for his personal gain.. The failure to be totally transparent then...resulted in much 'suspicion' amongst the people of Malaysia...

Our PM could have been forthright right from the beginning stating that the money was from who...and who...and we would not have wasted time with investigating whether 1MDB had transferred money directly to the Prime Minister's personal bank account...

What has happened to the MONEY and the said bank account? Maybe, the relevant authorities should seize and hold this money and freeze this account/s pending the completion of all investigations...if not, the money may just disappear..

Najib can say this and that...but since he is the 'suspect' here, his words are not enough for this matter > Malaysians need proof... and corroboration. Most importantly, the investigations really need to be conducted by a truly independent body... not by public servants...and not by people the PM has the power to 'direct, appoint, remove or 'transfer' - a Royal Commission? I feel that the Courts would be best forum...

This matter cannot be investigated and settled in 'secret' - Malaysians need to know everything - and it is them that need convincing... Even, when the MACC came out and said that the source of funds was not 1MDB - many doubted that...

Malay Mail

Najib says cleared by MACC over RM2.6b deposit

By Ida Lim

Saturday August 8, 2015
12:12 PM GMT+8

CHERAS, Aug 8 ― Prime Minister Datuk Seri Najib Razak today said he has been cleared of corruption claims linked to a RM2.6 billion deposit in his personal accounts. 

The Umno president reiterated that he did not take the money for his own interests, but received it on behalf of his party.

"Don't say I sell the country, I won't sell the country, I'm prime minister that will take responsibility for whatever I do,” he told Umno members at the launch of the Bandar Tun Razak division's meeting.

While he said others may have received money in exchange for favours such as contracts and land development approvals, Najib said he never did so and that this aided his exoneration by the Malaysian Anti-Corruption Commission (MACC).

“Already solved, how much, that I am willing to explain, with the condition that the opposition explains, that's fair,” he also said, referring to his willingness to disclose Umno's accounts if the federal opposition follows suit.

In his speech, Najib did not directly mention the RM2.6 billion that MACC said was deposited into his accounts by unnamed Middle East donors.

He stressed that his actions were for Umno's benefit, and that party secretary-general Datuk Seri Tengku Adnan Tengku Mansor knows that his fund collections are done for the party's interests.

Najib also explained that “much aid” has been disbursed for the party’s social responsibility programmes.

“We must defend the party because what I do is not for my own interests, but for the party,” he stressed.

He later said that he had not committed any wrongdoing, but had done everything for Umno's benefit.

The MACC has declared that the RM2.6 billion deposited in Najib’s accounts was not from 1Malaysia Development Bhd (1MDB) as previously alleged, but donations from an unnamed source.

- See more at: http://www.mmail.com.my/malaysia/article/najib-says-cleared-by-macc-over-rm2.6b-deposit#sthash.qbzoRVhF.dpuf

Malaysian Insider

Najib says MACC cleared him of corruption

Published: 8 August 2015 1:19 PM

Prime Minister Datuk Seri Najib Razak says he has been cleared of corruption over the US$700 million or RM2.6 billion donation in his personal accounts. – The Malaysian Insider file pic, August 8, 2015.

 

- See more at: http://www.themalaysianinsider.com/malaysia/article/najib-says-macc-cleared-him-of-corruption#sthash.pOkzWUSv.dpuf

Malaysian Bar Press Release

Press Release | Let the MACC Investigate Without Impediment, and Allow the Truth to Emerge

Friday, 07 August 2015 02:35pm

The Malaysian Bar denounces the current unrelenting onslaught against the Malaysian Anti-Corruption Commission (“MACC”) in connection with its investigation into the flow of funds from SRC International Sdn Bhd (a former subsidiary of 1MDB), as well as funds of RM2.6 billion, into the Prime Minister’s private bank accounts.     It cannot be denied that, since 28 July 2015, MACC personnel have been the focus of a police investigation into allegations of leaking of confidential information and involvement in a supposed conspiracy to overthrow the Government, purportedly in violation of Section 124B of the Penal Code.   In particular, we have seen in recent days the arrest and questioning of Tan Sri Rashpal Singh, a former adviser to the MACC, and Ahmad Sazilee Abdul Khairi, a Deputy Public Prosecutor seconded to the MACC, before they were released.  The latter’s office and home were raided, and documents were reportedly removed.  The police have also questioned senior MACC officers, including Dato’ Hj Bahri Mohamad Zain (Director, Special Operations Division), Datuk Tan Kang Sai (Deputy Director, Special Operations Division), Datuk IG Chandran (Director, Forensic Division), and Tuan Roslan Tuan Mat (Officer, Special Operations Division).  They reportedly arrested two officers — one of whom was the investigator looking into SRC International Sdn Bhd — who were subsequently released.  In addition, the police raided the MACC’s Special Operations Division and reportedly removed documents — which may well consist of crucial evidence, particularly concerning the investigation into SRC International Sdn Bhd — from the possession of MACC personnel. Other recent developments include the following: (1) In an unprecedented move, all five panels that have oversight over the MACC issued a joint press statement on 29 July 2015 appealing for the MACC to be allowed to undertake its work as part of the Special Task Force without any interference or pressure from third parties; (2) On 30 July 2015, MACC issued another press statement reportedly denying that its officers were involved in a conspiracy to topple the Government, and were instead only carrying out their duties “without fear and favour, in spite of anyone involved”; (3) MACC Special Operations Division Director Dato’ Hj Bahri Mohamad Zain has been reported as saying he was baffled by the arrest of Deputy Public Prosecutor Ahmad Sazilee Abdul Khairi, and raised the ominous spectre of “hidden hands” at work; (4) On 4 August 2015, it was reported that the MACC held a special “solat hajat” session to pray for MACC staff, their families, their community and for a corruption-free country; (5) Datuk Hj Mustafar Ali (MACC Deputy Chief Commissioner (Prevention)) has been reported to have said on 5 August 2015 that “when action is taken on an investigating officer [during an ongoing investigation], it somewhat jeopardises the investigation”;  (6) Senator Datuk Paul Low, Minister in the Prime Minister’s Department in charge of governance and integrity, reportedly stated yesterday that the police “are showing high-handedness”, and that it “is important that [MACC] do what they need to do”; and  (7) Also yesterday, Tan Sri Johan Jaafar (Chairman of MACC’s Consultation and Corruption Prevention Panel) reportedly expressed “dismay over the spate of raids and arrests by the police”, and “reiterated the need for the agency to be allowed to execute its duties unhindered”. It is quite telling, and extremely disconcerting, that the beleaguered MACC as well as a Minister in the Prime Minister’s Department has had to make these statements and express indignation, as well as hold special prayers.  It compounds the commonly held fear that the MACC’s investigation is being seriously derailed, and that there are strong forces at work to curtail the MACC’s efforts.  Astoundingly, at this critical time, MACC Chief Commissioner Tan Sri Abu Kassim Mohamed is on leave. The investigation being conducted by MACC was part of the work of a Special Task Force that had been set up to look into allegations of financial impropriety involving 1MDB.  It is thus shocking to learn that the Attorney General has reportedly advised that the Special Task Force should be disbanded.    The reported incidents are wholly inconsistent with the Government’s publicly declared aim to uncover the unvarnished truth behind the alleged deposit of funds into the personal bank accounts of the Prime Minister, and to unearth dishonest dealings, if any, associated with that deposit, and other irregularities concerning 1MDB.  The actions by the police, which have the appearance of an assault on the MACC, have seemingly caused irreparable harm to the standing of MACC as an agency to combat corruption. The launch of the investigation into the MACC, and the allegation of a plot to overthrow the Government, could be seen as a thinly-disguised attempt to block the truth from emerging.  Moreover, the investigation into allegations of leaking of confidential information and the purported breach of Section 124B of the Penal Code are not carte blanche for the police to intrude into, and interfere with, the MACC’s investigation, and/or to remove or compromise vital evidence collated by MACC.  It must be borne in mind that interfering with or obstructing an ongoing MACC investigation is in itself an offence under Section 48 of the MACC Act 2009.  Thus, the announcement by the MACC on 3 August 2015 that the RM2.6 billion allegedly deposited into the personal bank accounts of the Prime Minister did not comprise monies from 1MDB but was instead a “donation”, raises more questions than provides answers.  The events preceding as well as following it, as set out above, give rise to the inference that the announcement was a result of external interference, or was made to relieve the pressure faced by the MACC. The MACC Act 2009 provides that even if the alleged deposit into the personal bank accounts of the Prime Minister may have been a donation, it does not necessarily mean that no corrupt act had occurred.  The term “gratification” in section 3 of the MACC Act 2009 includes a donation, and does not exclude a political donation.  MACC should also look into section 17 (regarding the offence of giving or accepting gratification by an agent), read with section 50 (regarding a presumption in certain offences) of the MACC Act 2009. It is therefore still imperative that the MACC identify the purpose, if any, of the donation, the conduct and activity of the recipient in relation to the use of that donation, and the reason why the donation was deposited into a private account of the recipient.  Donations of this nature are seldom made for charitable purposes.  The Malaysian Bar demands that the MACC to be allowed to conduct its investigation independently and comprehensively, without any external threat, pressure or influence. The flagrant level of intimidation inflicted on, and the climate of fear foisted upon, the MACC must stop.  The role and responsibility of the MACC must not, and cannot be, perverted to excuse or exculpate anyone — including politicians — from allegations of corruption. Steven Thiru President  Malaysian Bar 7 August 2015

400 at rally for media freedom - Lift suspension of Edge?

Earlier post:- Rally for press freedom on Saturday August 8 from 11 am, beginning from the Bar Council Headquarters to Pasar Seni

400 march in #808 rally against The Edge suspension, attacks on media freedom

BY HASBULLAH AWANG CHIK

Published: 8 August 2015 11:40 AM

 

Members of the public gather for a rally against the 3-month suspension of The Edge Weekly and The Edge Financial Daily. – The Malaysian Insider pic by Nazir Sufari, August 8, 2015. 

 

Some 400 people, comprising journalists, lawyers, members of civil society groups and the public, rallied today against the three-month suspension of The Edge Weekly and The Edge Financial Daily, which have reported critically of debt-ridden state investor 1Malaysia Development Bhd (1MDB).

Members of the public gather for a rally against the 3-month suspension of The Edge Weekly and The Edge Financial Daily. – The Malaysian Insider pic, August 8, 2015.They gathered outside the Bar Council headquarters in Kuala Lumpur this morning where some of them had marched from Central Market, carrying posters calling for press freedom and freedom of information.
 

Among the personalities seen participating were former Bar Council president and human rights activist Datuk Ambiga Sreenevasan and Lawyers for Liberty executive director Eric Paulsen.

Participants dressed in blue and black, the colour theme to signify the "bruising" of media through attacks on press freedom, freedom of expression and the people's right to information. The procession was helmed by Malaysiakini editor Fathi Aris Omar who led the crowd in chanting "Bebas media" (Free the media) and "Jangan takut lapor 1MDB" (Don't be afraid to report on 1MDB).

The rally comes as the media faces pressure and threats to ensure their reports do not run foul of the authorities.

The Home Ministry suspended the two newspapers under The Edge Media Group for three months from July 24 on grounds that their reports on 1MDB were "prejudicial or likely prejudicial to public order, security or likely to alarm public opinion or is likely to be prejudicial to public and national interest".

The Edge is challenging the suspensions with a judicial review, and its move is said to be the first time a Malaysian media organisation has ever done so. The High Court has allowed its application for a judicial review but rejected a stay on the suspension.

Home Minister Datuk Seri Ahmad Zahid Hamidi, who was recently promoted to deputy prime minister in a Cabinet reshuffle, also said that he would act without warning against media organisations that "spun" news.
New Hope Movement (GHB) secretary Dr Dzulkefly Ahmad, who also attended today’s rally, said Putrajaya should immediately lift the suspension of The Edge publications to show that the government respected democracy.

"The Edge has enlightened the public. Immediately lift the suspension so that democracy can be restored," he told reporters at the rally.

Other civil society activists at the rally today were former deputy minister Datuk Saifuddin Abdullah, Bersih 2.0 chairman Maria Chin Abdullah and political analyst Dr Wong Chin Huat.

A few DAP federal lawmakers – Gobind Singh Deo, Tony Pua and Liew Chin Tong – were also present.
Saifuddin in a short speech said The Edge and website Sarawak Report, which had also carried exposes on 1MDB, were being punished for seeking the truth.

UK-based website Sarawak Report has been blocked within Malaysia by Internet regulators who said it had carried false reports about 1MDB and that such articles could destabilise the country.

Saifuddin also said that writers and journalists did not use violent means and should not be made the enemy.
"Were they violent? Were they opposing the constitution? Writers are the most peaceful people in the world because they sit at their tables and write. They write peacefully. They are not doing anything against the constitution," he said.

Ambiga meanwhile urged the public to support the freedom of the press in searching for answers, adding that the Home Ministry's suspension of the two papers was an abuse of power.

"Had The Edge and Sarawak Report chosen not to do the right thing, we might not be here. You can suspend The Edge, you can block Sarawak Report, but you can never hide the truth," she said.

The hour-long protest ended peacefully with little sign of police as protesters walked about with banners and placards which read, "Media bukan musuh" (The media is not the enemy), "Defend freedom of information, "Asking questions about 1MDB is not a crime", "Journalism is not a crime" and "I will not be silenced".

Organisers of the walk, the Coalition for Press Freedom (CPF), yesterday met with police and obtained the green light for the rally.

The CPF is a loose alliance of media groups comprising Gerakan Media Marah (Geramm), Center for Independent Journalism (CIJ), Foreign Correspondents Club of Malaysia and Reporters San Frontieres (RSF). – August 8, 2015.

Journalists coming out in support of the #808 rally today to protest the suspension of two publications under The Edge Media Group, and for more press freedom. – The Malaysian Insider pic, August 8, 2015.

- See more at:



http://www.themalaysianinsider.com/malaysia/article/400-march-against-the-edge-clampdown-attacks-on-media-freedom#sthash.4t6s9nuE.dpuf



Aug 8, 2015

300 gather to denounce The Edge suspension

More than 300 people gathered today to protest the suspension of business publications The Edge Weekly and The Edge Financial Daily over their reports on the debt-ridden 1MDB.

The protestors converged at Kuala Lumpur's Central Market before marching to the Bar Council building about 100 metres away.

They held placards and shouted slogans such as "free the media" and "we support the media".

The protesters comprise of media personnel, activists as well as members of the public but also received bi-partisan support from political parties.

Most notably, Umno's former deputy minister Saifuddin Abdullah was present to show solidarity.

Other leaders present include Petaling Jaya Utara MP Tony Pua, Selangor exco Elizabeth Wong, former Selangor exco Ronnie Liu and PSM central committee member S Arutchelvan. - Malaysiakini, 8/8/2015

[More to follow]

Rally for press freedom on Saturday August 8 from 11 am, beginning from the Bar Council Headquarters to Pasar Seni

Walk in ‘black and blue’ with the press, media coalition urges public

Wednesday August 5, 2015
10:37 AM GMT+8

The Home Ministry has suspended the printing permits of The Edge Financial Daily and The Edge Weekly for three months. ― File pic 

KUALA LUMPUR, Aug 5 ― A coalition of media groups has asked the public to join its “#808” march this Saturday, and called for the end to the suspension of two newspapers and restrictions on whistleblower site Sarawak Report.

The Coalition for Press Freedom (CPF) also urged the public wear blue and black to represent the impact of alleged “attacks” on press freedom, freedom of expression and freedom of information in the walk from Pasar Seni to the Bar Council headquarters.

“If people are not made to live in fear of speaking their thoughts, and if those in authority are more transparent with their work, then we will all be working towards a society where open, respectful and constructive debate can take place,” CPF said in a statement.

The coalition also suggested Putrajaya to make public the drafts of new Internet laws being proposed, in addition to holding dialogues and having willingness to accept recommendations.

“Then there will be no room for anyone to declare the government ‘guilty before trial’,” it added.

The CPF is a loose coalition made of the Movement of Angry Media, Center for Independent Journalism, Foreign Correspondents Club of Malaysia and Reporters San Frontieres.

The Home Ministry had suspended the printing permits of The Edge Financial Daily and The Edge Weekly for three months, claiming its reports of 1Malaysia Development Bhd (1MDB) were “prejudicial or likely to be prejudicial to public order, security or likely to alarm public opinion or is likely to be prejudicial to public and national interest”.

Citing “national stability,” the MCMC had last month ordered all Internet service providers in Malaysia to block access to Sarawak Report’s website, pending a multi-agency taskforce’s investigation on corruption claims involving the controversial 1MDB.

- See more at: http://www.themalaymailonline.com/malaysia/article/walk-in-black-and-blue-with-the-press-media-coalition-urges-public#sthash.JGQfOzrs.dpuf

Media to rally on August 8 for right to free speech

FMT Reporters

 | July 31, 2015 

 

Rally will send a clear message to the powers that be on democratic right to free expression

KUALA LUMPUR: The media would rally for press freedom on August 8 from 11 am, beginning from the Bar Council Headquarters to Pasar Seni in the federal capital. Besides the 808 rally, the media would continue with the #AtTheEdge social media campaign every Tuesday night for two hours from 8.30pm to 10.30pm.

Media practitioners around the country are urged to stand united in demanding that the government allow the media to exercise their democratic right to free expression.

Coalition for Press Freedom (CPF) spokesperson, Shannon Teoh, said the rally would stand by The Edge Financial Daily and The Edge Weekly which have been suspended by the Home Ministry for three months beginning July 27. “We call upon the Home Ministry to immediately rescind the suspension,” said Teoh at a press conference attended by 100 media representatives in front of The Edge building. “We urge the media fraternity to march with us and send a clear message to the powers that be on press freedom.”

Teoh, in a statement, also called on the Malaysian Communications and Multimedia Commission (MCMC) to end the blocking of The Sarawak Report website.

The Edge Financial Daily and The Edge Weekly, according to a letter from the Home Ministry, were suspended for its coverage of the scandal-ridden 1MDB. The coverage, according to the Home Ministry, was “prejudicial or likely to be prejudicial to public order, security or likely to alarm public opinion or is likely to be prejudicial to public and national interest”.

It was not immediately clear why The Sarawak Report has been blocked when the Wall Street Journal also ran the same report on Friday 3 July 2015 that nearly USD700 million entered Prime Minister Najib Abdul Razak’s personal banking accounts with AmBank Islamic private banking services.

Najib has yet to give a simple “Yes” or “No” answer on the USD700 million in his personals accounts. He has repeatedly stated ad nauseam that he never took any monies for personal uses or gain, that he would never betray the people, and that if he stole government monies, he would not be so stupid as to keep them in his personal accounts in the country.

A video, apparently secretly recorded and which has gone viral in the social media, has sacked Deputy Prime Minister Muhyiddin Yassin telling visitors that Najib admitted receiving USD700 million in his personal accounts from the “Middle East”. When asked by Muhyiddin why the funds were in his personal banking accounts, Najib didn’t answer.

Among the visitors who heard Muhyiddin in the video were Kedah Menteri Besar Mukhriz Mahathir and former Federal Minister Abdul Kadir Sheikh Fadzir. - Free Malaysia Today, 31/7/2015

Can or should PM Najib be investigated and/or charged for corruption? What does the law say? - Just an opinion

The issue here is that large amounts of monies have allegedly been found in bank accounts in the the name of a sitting Prime Minister - a public servant, an officer of a public body.

Is Najib being investigated for committing an offence? - possibly some offence of corruption - possibly under the Penal Code or maybe the Malaysian Anti-Corruption Commission Act 2009 (MACC Act)...

OR ARE WE BEING DISTRACTED .... 

(a) The issue of whether our money in 1MDB or its subsidiaries, or maybe even other GLCs have be mis-used or 'taken out wrongly' and has ended up in the pockets of Najib or UMNO or BN or maybe even other person/s?

(b) The issue of sources of 'Political Funding' - well, for sure money entrusted to the government to handle, be it in GLCs or otherwise certainly should not end up being chanelled to politicians or political parties - this is clear. About other sources of funds  - well that is something else...maybe even something that we all have to look at - and lay down what is OK and what is not...

We will consider the MACC Act...

First, what is 'gratification' ? Well, look at section 2 (see below) - it includes money, donations...any payment

"gratification" means- (a) money, donation, gift, loan, fee, reward,...

Now, let us look at some offences - let us look at section 16

16  Offence of accepting gratification

Any person who by himself, or by or in conjunction with any other person-

(a) corruptly solicits or receives or agrees to receive for himself or for any other person; or
(b) corruptly gives, promises or offers to any person whether for the benefit of that person or of another person,

any gratification as an inducement to or a reward for, or otherwise on account of-

(A) any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place; or
(B) any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned,

commits an offence.

Do consider also section  23  Offence of using office or position for gratification (see below)

Now, let us consider Prime Minister Najib - is he an officer of a public body? Yes, he is ...

"officer of a public body" means any person who is a member, an officer, an employee or a servant of a public body, and includes a member of the administration, a member of Parliament, a member of a State Legislative Assembly, a judge of the High Court, Court of Appeal or Federal Court, and any person receiving any remuneration from public funds, and, where the public body is a corporation sole, includes the person who is incorporated as such;

"public body" includes-

(a) the Government of Malaysia;
(b) the Government of a State;
(c) any local authority and any other statutory authority;
(d) any department, service or undertaking of the Government of Malaysia, the Government of a State, or a local authority;...

Now, the important thing to note is that all that needs to be proved now would be that gratification was received - money, donation... Thereafter the presumption arises.... the gratification shall be presumed to have been corruptly received 

50  Presumption in certain offences

(1) Where in any proceedings against any person for an offence under section 16, 17, 18, 20, 21, 22 or 23 it is proved that any gratification has been received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered, by or to the accused, the gratification shall be presumed to have been corruptly received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered as an inducement or a reward for or on account of the matters set out in the particulars of the offence, unless the contrary is proved.

What this means is that once there is proof that the money was received - the person could already be charged in court... and large sums of money(here was it RM2.6 billion or was it more???)  in a bank account(or accounts) in your name would be proof enough....don't you think?

There is no need to wait to find out from where or who the money originated?

There is no need to wait to find out for what purpose the money was given and received...

What was the purpose of the money? Was it to ensure Malaysia will not increase 'Minimum Wages' - or maybe amend laws that will ensure regular employment until retirement for all workers? Maybe, it was to not repeal the provisions that allow for 'contractor for labour? Maybe... Yes, corruption is not only about things that you do...but also matters that you delay or even do not do...

So, under the MACC Act and/or other laws, the prosecution should act now, Najib could and maybe should be charged...

And, in court he will have every opportunity to prove that there was no corruption...and there we will have an independent judge making the decision...

Not important that Najib said that it was not for personal gain 

Not important thereafter there were suggestions that this was really a account where he kept the money in trust for UMNO or that it was really 'political funding' for Najib or was it for UMNO - but strangely there are 'doubts' whether this is true. Strange also for a society to do this - why was it not in the name of the society, or in the joint-accounts of maybe 3 persons. Was there any indication of this in the minutes before the 'expose'... Odd, is it not that persons can hold money for a society, in their name - and maybe also 'keep secret' the amounts received or how was it spent... Maybe ROS should clarify if that is permitted in Malaysian laws...

Not important also is the finding of MACC that this money did not come from 1MDB - where it comes from is still a mystery. Good if full statement from MACC was made available > It may not be on the record from 1MDB...but surely we need to dig deeper..

Important is the question whether public funds have been 'stolen' or 'wrongly transmitted' to persons... Public funds is not just money collected through income taxes, GST, etc > but also all other monies generated by government activities, government owned companies, etc.

 MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009
 3  Interpretation
"gratification" means-

(a) money, donation, gift, loan, fee, reward, valuable security, property or interest in property being property of any description whether movable or immovable, financial benefit, or any other similar advantage;
(b) any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d) any valuable consideration of any kind, any discount, commission, rebate, bonus, deduction or percentage;
(e) any forbearance to demand any money or money's worth or valuable thing;
(f) any other service or favour of any description, including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted, and including the exercise or the forbearance from the exercise of any right or any official power or duty; and
(g) any offer, undertaking or promise, whether conditional or unconditional, of any gratification within the meaning of any of the preceding paragraphs (a) to (f);

"public body" includes-

(a) the Government of Malaysia;
(b) the Government of a State;
(c) any local authority and any other statutory authority;
(d) any department, service or undertaking of the Government of Malaysia, the Government of a State, or a local authority;...

"officer of a public body" means any person who is a member, an officer, an employee or a servant of a public body, and includes a member of the administration, a member of Parliament, a member of a State Legislative Assembly, a judge of the High Court, Court of Appeal or Federal Court, and any person receiving any remuneration from public funds, and, where the public body is a corporation sole, includes the person who is incorporated as such;


 16  Offence of accepting gratification

Any person who by himself, or by or in conjunction with any other person-

(a) corruptly solicits or receives or agrees to receive for himself or for any other person; or
(b) corruptly gives, promises or offers to any person whether for the benefit of that person or of another person,

any gratification as an inducement to or a reward for, or otherwise on account of-

(A) any person doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place; or
(B) any officer of a public body doing or forbearing to do anything in respect of any matter or transaction, actual or proposed or likely to take place, in which the public body is concerned,

commits an offence.

 23  Offence of using office or position for gratification

(1) Any officer of a public body who uses his office or position for any gratification, whether for himself, his relative or associate, commits an offence.
(2) For the purposes of subsection (1), an officer of a public body shall be presumed, until the contrary is proved, to use his office or position for any gratification, whether for himself, his relative or associate, when he makes any decision, or takes any action, in relation to any matter in which such officer, or any relative or associate of his, has an interest, whether directly or indirectly.
(3) For the avoidance of doubt, it is declared that, for the purposes of subsection (1), any member of the administration of a state shall be deemed to use his office or position for gratification when he acts contrary to subsection 2(8) of the Eighth Schedule to the Federal Constitution or the equivalent provision in the constitution or Laws of the Constitution of that State.
(4) This section shall not apply to an officer who holds office in a public body as a representative of another public body which has the control or partial control over the first-mentioned public body in respect of any matter or thing done in his capacity as such representative for the interest or advantage of that other public body.

50  Presumption in certain offences

(1) Where in any proceedings against any person for an offence under section 16, 17, 18, 20, 21, 22 or 23 it is proved that any gratification has been received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered, by or to the accused, the gratification shall be presumed to have been corruptly received or agreed to be received, accepted or agreed to be accepted, obtained or attempted to be obtained, solicited, given or agreed to be given, promised, or offered as an inducement or a reward for or on account of the matters set out in the particulars of the offence, unless the contrary is proved.

Change the Perak MB - Who has no time for farmers? Even when Najib ask him?

 “We are not big companies, only small-time farmers. All we ask for is a dialogue and we have come 10 times. Why is he ignoring us?”

Perak MB no time to meet with farmers(from Bidor, Sungkai, Tapah, Ipoh, Batu Gajah and Sungai Siput)...and finally people lose patience and have a peaceful gathering in front of MB's office - the Perak MB could have come out and met the farmers...or maybe even have a short meeting with representatives of the farmers for maybe 15-30 minutes... or maybe even fix a definite date to meet and talk to them and help resolve their problems...but alas, he did not ...; and finally after hours of waiting the police gave the people '3 minutes to disperse' and arrested people...

From the news reports, the following could be seen:-

a) These farmers send the Perak MB about 8 Memorandums - but no reply from the Perak MB..

b)  PM Najib has called on the Perak MB to meet the farmers and resolve the issue... still not done.

“Why will the Menteri Besar not see us, even after the Prime Minister’s Office sent him a letter asking to do so?” 

Najib had in a letter dated April 21 instructed Zambry to meet them.

c)   Perak Menteri Besar fixed a meeting on 15th December 2014 - but the day before the MB cancelled this meeting -- and apparently did not fix another date for the meeting

"A date was fixed for December 15 last year, but the Menteri Besar's office called to cancel it a day before the appointment.

d)   Last month, the farmers were told that the Perak MB will get back to them with possibly a 'meeting date' - but have been silent till now..

e)  The farmers, came and gathered in front of the MB's office asking to see the MB - and they were made to wait until about 2.30pm. This delay from the MB shows how caring a MB he is. Could he not sent a rep (or come down personally at maybe 10.30am? Could he (or his resp) come and and fix a DEFINITE date and time to meet with the farmers - it would have been so easy to get a time and date suitable for them(since the farmers from the different areas were already there...) - an agenda of the meeting could also have set... 

'...the farmers had gathered as early as 9.30am outside the menteri besar's office but was finally informed at 2.30pm that Zambry would not meet them.He added that Zambry's press secretary told the group to provide their contact details and an appointment would be fixed for next week...'

f) Then the police gave them 'three minutes to disperse' and many were arrested.

Come on - you are the Menteri Besar > and really the people are your 'Bosses' -  Be humble and at the very least take the time to meet the farmers...and with them find a just solution

There are not many who are willing to get their hands dirty and be farmers - so, really Malaysia must be promoting local farmers... more and more. It is sad that the Perak government is looking to evict farmers from '...a total of 24 areas with a size of over 10,000 acres...' - Why? Is it for more houses and buildings, or to be given to some bigger plantations? Surely, the land could maybe be leased out to these farmers...Malaysia really must be moving to be self-sufficient with regards to food ... and, as such farmers really need to be encouraged >>> and evicting them from lands where they have been farming is certainly not the way...

Once, many years ago I happened to be in the building that housed the Kelantan Menteri Besar's office, whereby Tuan Guru Nik Aziz was the then MB. A poor man walked in and asked to see the MB. The MB then was in a meeting with some well-dressed foreign personalities. What was interesting was that a few minutes later, Nik Aziz walked out of the meeting aloneand came up to this poor man who he escorted to a couple of sits and they spoke for a few minutes before the MB then said goodbye and returned to his meeting -  The humility, concern and care that Tuan Guru Nik Aziz demonstrated for ordinary simple man is the kind of behaviour we expect of our Menteri Besars, Prime Ministers, elected(or appointed)  representatives and public servants - people matter and 'leaders' should not forget that they are there to serve people. But alas, nowadays some people just forget these basic principles - Ego sets in and they behave that they are 'too great' - no time to even humbly meet ordinary people who take the trouble to come see them...

Perak Menteri Besar's behavior in this case was really bad - look also the comments he made to the media. Where are the humbly caring leaders that all Malaysians desire? 

Perak MB unfazed by farmers’ protest

BY ISTA KYRA SHANMUGAM

Published: 5 August 2015 6:07 PM

Some 200 farmers gathered to protest outside Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir’s office since 10am this morning. – The Malaysian Insider pic by Wong Tuck Keong, August 5, 2015. 

 

Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir today brushed off the actions of some 200 farmers protesting outside his office as common antics that he would not entertain.

"They are trying to portray as if the state government has done nothing for farmers.

"This is not the way, I will not work this way," he said after chairing the weekly state executive councillor's meeting in Ipoh today.

Zambry was asked to comment on the crowd gathered at the back entrance of the state secretariat, which houses the menteri besar's office, since 10am this morning. "How many times have they demonstrated here? 

 

What do you expect me to do?
 

"I will not respond to threats," he said.

He added it was common knowledge that the state government had done work to help farmers, and there were figures to back him up.

"We do help, our figures show how much we have helped them, we are prepared to release the figures," he said.

Zambry however, declined to comment whether he would agree to meet with the farmers on their issues of eviction by the state government.

He also refused to confirm the farmers' account that a letter was issued by the Prime Minister's Office, asking for the menteri besar to engage with the farmers, ending the press conference by saying, "They can say whatever. They even went to Putrajaya to demonstrate at the Ministry of Agriculture's office."

Minutes after Zambry's press conference, some 39 activists and farmers were detained by police for unlawful assembly under Section 143 of the penal code.

Among those arrested were PSM leaders, secretary general, S. Arutchelvan, Sungai Siput MP Dr. D. Michael Jeyakumar, deputy chairman, M. Saraswathy and farmers group coordinator, K. Kunasekaran.
 

The leaders had turned up to support the Gabungan Selamatkan Petani dan Penternak Perak (Group to Save Farmers and Breeders in Perak), comprising farmers from 24 locations across the state, who were facing eviction from the state government.
 

Earlier, Kunasekaran said the group were prepared to stay until 4pm, to obtain a formal letter to meet with Zambry, after their numerous attempts were cancelled and ignored.
 

"A date was fixed for December 15 last year, but the Menteri Besar's office called to cancel it a day before the appointment.
 

"Last month, we were told he would get back to us but we never heard from him since." said Kunasekaran. – August 5, 2015, Malaysian Insider.

 

- See more at: http://www.themalaysianinsider.com/malaysia/article/perak-mb-unfazed-by-farmers-protest#sthash.R0RQ5VeM.dpuf

200 irate farmers protest Zambry cold shoulder

BY ISTA KYRA SHARMUGAM

Published: 5 August 2015 1:03 PM

Farmers, fed up of being ignored by the Menteri Besar, said they were prepared to protest throughout the day. – The Malaysian Insider pic by Wong Tuck Keong, August 5, 2015. 

 

At least 200 farmers from across Perak decided to set up shop outside the State Secretariat building today, in protest of being stone-walled by Perak Menteri Besar Datuk Seri Dr Zambry Abdul Kadir. They claimed that they were fed up of being ignored, despite multiple requests to discuss their problems with him.
 

The farmers, who called themselves: Gabungan selamatkan petani dan penternak Perak (Group to save farmers and breeders in Perak) brought their crops – such as bananas, papayas and various vegetables – to be laid out on the pavement, as they stood together under umbrella stands, holding up protest banners and placards, and shouting for the Menteri Besar to “turun (come down)”.
 

Co-ordinator K. Kunasekaran said the group was prepared to brave the afternoon heat until 4pm today, just to get an appointment from the Menteri Besar’s office.

He said they had sent eight memorandums to the state government and Putrajaya, and only received a reply from the Prime Minister’s Office, stating that the Menteri Besar was expected to engage with them. 

 

“Why will the Menteri Besar not see us, even after the Prime Minister’s Office sent him a letter asking to do so?” Kunasekaran said through a loudspeaker to reporters.
 

“We are not moving until Zambry gives us a formal appointment date, it can be weeks, months from now, it doesn’t matter. But if he is not interested in seeing us, he should let us know and we will know how to act.”
 

He said it was disappointing that Zambry had failed to intervene in their issue, despite support shown by other leaders including Deputy Finance Minister and Tambun MP Datuk Seri Ahmad Husni Hanadzlah.
 

He said Husni had written to help the pomelo farmers in Ampang, whose land was granted to a private company, although the farmers had been there for more than 40 years.
 

“Even former Prime Minister Tun Mahathir Mohammad visited the farmers before and planted a seed there, but now the farmers are facing eviction,” he said.
 

Kunasekaran also denied that the farmers were against development, as detailed in a news report by a national daily.
 

“The farmers support development, but they want the Menteri Besar to listen to them and offer land replacement solutions.”
 

One of the farmers, Michael Fong, 56, said he was angry at the Menteri Besar’s continued silence.
 

“We are not big companies, only small-time farmers. All we ask for is a dialogue and we have come 10 times. Why is he ignoring us?” he said.
 

“If he is really not interested, then we are prepared to vote him out in the next general elections,” said Fong.
 

Former Perak Menteri Besar Datuk Seri Mohamad Nizar Jamaluddin was present to support the farmers. 

 

He said the state government should be friendly to the farmers, who had toiled on the land and provided food with their crops for more than 50 years.
 

“They are not asking much, just to be heard,” he said.
 

Sungai Siput MP Dr Michael Jeyakumar, who was also at the scene, said Zambry was displaying arrogance by refusing to meet the farmers.
 

“This is an issue of trust. The state government must remember it is entrusted with land that belongs to the people, not the MB or any (political) party,” he said.
 

“Although the laws give power to the Menteri Besar to evict settlers, this is based on trusting that it will be carried out responsibly.
 

“It does not matter which political party is helming the government, they must understand this concept of trust,” he said.
 

As of 12.30pm, with no response from the Menteri Besar’s office nor any representative sent to meet the farmers, the group moved their vegetables and fruits from the pavement to the road, blocking the back entrance of the state secretariat building.
 

The group also chanted: “MB, MB turun jumpa petani, MB, MB jangan takut, turun sekarang! (MB Come down, meet farmers, don’t be scared!)”
 

Uniformed policemen on foot monitored the protesters, but remained in position across the road, just observing the group. – August 5, 2015, Malaysian Insider

- See more at: http://www.themalaysianinsider.com/citynews/ipoh/article/200-irate-farmers-protest-zambry-cold-shoulder/200-irate-farmers-protest-zambry-cold-shoulder#sthash.tbpwliol.dpuf

Aug 5, 2015

By Nigel Aw

MP, farmers arrested over 'eviction' protest

Police have arrested PSM lawmaker Dr Michael Jayakumar and scores of farmers as well as activists for protesting outside the Perak Menteri Besar office this afternoon.

The farmers, who are battling eviction, had gathered there in a last ditch effort to meet Perak Menteri Besar Zambry Abdul Kadir after failing to secure an appointment despite trying for almost four months.

Among those arrested were PSM secretary-general A Sivarajan, PSM deputy chairperson M Sarasvathy, central committee member S Arutchelvan and PSM Youth chief KS Bawani.

The over 300 angry demonstrators had brought an assortment of bananas, coconuts and vegetables and placed them outside the state secretariat building in protest of the menteri besar's refusal to meet them despite being instructed to do so by Prime Minister Najib Abdul Razak.

When contacted, the farmers' coalition coordinator K Segar confirmed the mass arrests, adding that they were being taken to Sungai Senam police station in Ipoh.

Segar said the farmers had gathered as early as 9.30am outside the menteri besar's office but was finally informed at 2.30pm that Zambry would not meet them.

He added that Zambry's press secretary told the group to provide their contact details and an appointment would be fixed for next week.

Refused to budge

Segar pointed out that in the group's previous meeting with Najib's special officer, it was revealed that Najib had in a letter dated April 21 instructed Zambry to meet them.

"On June 17, we met the menteri besar's media officer to submit Najib's letter and the officer promised to convey it to the menteri besar but there was eventually no response," he said.

He added the group had submitted no less than eight memorandums to Zambry since 2014 asking that he intervene in land issues faced by farmers throughout Perak.

Segar said after being snubbed by the menteri besar today, they refused to budge and sat at the entrance of the state secretariat building prompting police to arrest them.

He said the protesters today were farmers from Bidor, Sungkai, Tapah, Ipoh, Batu Gajah and Sungai Siput who were facing various eviction issues in their areas.

He added that a total of 24 areas with a size of over 10,000 acres was affected.- Malaysiakini

August 5, 2015 MYT 9:34:32 PM

Jeyakumar, several PSM leaders arrested in Ipoh over land protest

by manjit kaur

The farmers were arrested after failing to disperse following instructions from police.

IPOH: Sungai Siput MP Dr Michael Jeyakumar Devaraj, several other Parti Sosialis Malaysia (PSM) leaders as well as a number of farmers were arrested after failing to disperse following instructions from police.

Among the other PSM leaders arrested outside the state secretariat building here were party secretary-general S. Arutchelvan, national deputy chairman M. Saras and party coordinator K. Kunasekaran.

A large number of farmers under the Save Perak Breeders and Farmers Affiliation had gathered outside the building from about 10am on Wednesday in the hopes of meeting Perak Mentri Besar Datuk Seri Dr Zambry Abd Kadir to help resolve long-standing land issues.

They sat on the roadside with their vegetables, fruits and fish, while holding placards.

At about 2pm, a police light strike force was forced to intervene when some of the farmers attempted to barge into the building to see Dr Zambry.

A representative from Dr Zambry’s office later told the protesters that the Mentri Besar was unable to meet the farmers but that the office would let them know on Aug 10 when a meeting could be arranged.

Police then gave those gathered outside three minutes to disperse.

Jeyakumar and a number of other protesters were arrested when they failed to adhere to the instructions. -
Star, 5/8/2015

Repeal MAS Administration Act, urge groups (Rakyat Post)

* Full Statement - 64 :- Repeal MAS Law That Suspends Or Deny Existing Worker And Trade Union Rights And Access To Justice – Laws that deny worker rights to assist businesses should never be enacted

Repeal MAS Administration Act, urge groups

 

By:
A. Azim Idris

The collective of groups, in a statement, says the act is unjust to workers and trade unions of employees of the Malaysia Airlines (MAS).

KUALA LUMPUR, Aug 4, 2015:

Sixty-four civil society organisations have called for the government to repeal the Malaysian Airline Systems Bhd (Administration) Act 2015, which came into effect in February this year.

The groups, in a statement, said the act was unjust to workers and trade unions of employees of the airline.

“(We) are disturbed by the government’s unjust use of an Act of Parliament to suspend and deny existing worker rights in law.”

All pending cases, with regard to labour matters, be it with workers or unions, they said, should be justly resolved or settled by MAS Bhd and its owners Khazanah Nasional.

“This includes access to justice mechanisms, for the benefit of a private business and employer, being the Malaysian Airlines System Berhad (MAS Bhd), now wholly-owned private company by Malaysia’s sovereign wealth fund, Khazanah Nasional Bhd,” they said today.

The groups included the Malaysian Trades Union Congress (MTUC), Aliran, the National Union of Flight Attendants Malaysia (Nufam), Airlines Workers’ Union Sarawak and Tenaganita.

They pointed out that following the implementation of the act, a moratorium would take effect where “no proceedings and no execution or other legal process in any court or tribunal may be commenced or continued with, and no distress may be levied, against the administered companies or their property, except with the prior written consent of the administrator”.

“What is disturbing is that when the administration and moratorium ends, all monies, assets and business of MAS Bhd would most likely be transferred to a new legal entity, Malaysian Airline Bhd (MAB).

“There are currently many cases initiated and filed, now pending before access to justice mechanisms, including tribunals and courts, between workers and MAS Bhd, the employer, claiming wrongful dismissal and/or other worker rights, or between trade unions and MAS Bhd.

“The effect of the moratorium is that all these actions and cases will stop, and not proceed further until administration of MAS Bhd ends.

“At the end, when the moratorium is lifted, MAS Bhd would most likely be an empty shell — with no work and no money. Hence, it will be workers and trade unions that will suffer.”

Apart from repealing the act, the groups also urged the government to reverse the effect it had on workers and trade unions.

“No law should be enacted to suspend or deny worker rights for selected employers”

All pending cases with regard to labour matters, be it with workers or unions, they said, should be justly resolved or settled by MAS Bhd and its owners, Khazanah Nasional. - Rakyat Post, 4/8/2015