MACC - TIED HANDS?

editor@thestar.com.my

The High Court recently ruled that MACC is only allowed to question suspects and witnesses during office hours ie about 8.00 am to 5pm. This is a landmark judgment and will definitely change how MACC offices throughout the country operate. Whilst on the one hand, it is good, especially in the wake of the death of the late Teoh Beng Hock who was grilled until late night before being released though found dead later on, I wonder if the judgment would create more problems than solving them.

Not questioning the Court’s judgment, MACC must now find new ways and methods to build its cases solidly for prosecution. Imagine this scenario – the suspect is brought into MACC headquarters for questioning. However, by 5pm (close of office for the day), questioning is still not finished yet. Does this mean the MACC must now release the suspect or witness and ask him to re-submit himself for questioning the next working day? If that were the case, the scenarios might happen:-

i. Suspect / Witness does turn up the next day for further questioning;

ii. Suspect / Witness (if reluctant witness) will destroy all evidence soonest possible to destroy the case;

iii. If it involves a third party who will also be prosecuted if there is a strong case, Suspect / Witness might be kidnapped or killed by them.

iv. Suspect / Witness runs away to evade questioning.

And MACC would not know anything about any of the above scenarios happening until the next working day when the suspect / witness fails to show up. By then it might just be too late to do anything to salvage the case.

And what happens if it were over the weekend? That is a whole 63 hours (Friday 5.00 pm to Monday 8.00am) or 2 1/2 days before they know if their suspect / witness would turn up or not. By then, the suspect / witness can be half way around the world or be hidden anywhere and the MACC would be totally too late to react and salvage the case.

MACC must now crack their heads to find way to overcome this obstacle. Some suggestions could include MACC providing a “safe-house” for the suspect / witness. Alternatively, MACC could provide “bodyguards” after office hours.

However amusing and funny this sounds, it is actually very serious. MACC must be allowed to conduct its investigations as objectively as possible. Nothing must hamper its investigations such as the scenarios listed above.

Though I am saddened by the late Teoh Beng Hock’s death, I hope MACC will find ways to ensure the integrity of their investigations and not be hampered by the after office hours ruling.

Ahmad Ikmal Ismail

Corporate Bail-out - for who?

To: editor@thestar.com.my

The Selangor State government recently announced that it will buy over the debts Talam Corporation Bhd has with 4 Selangor state owned subsidiaries totalling RM391m, namely Selangor Development Corporation (PKNS), Kumpulan Darul Ehsan Berhad (KDEB), Permodalan Negeri Selangor Bhd (PNSB)and Universiti Selangor (UNISEL). The vehicle used will be the state’s investment arm, Mentri Besar Incorporated (MBI) to buy over the debts owed by Talam. The State Assembly had also on 9 November 2009, approved the supplementary budget totalling to RM391m for this corporate exercise.

Defending the move, the MB of Selangor stated that MBI will ensure that Talam pays off the total RM391m within 3 months and that he was the consultant and brains behind the corporate debt restructuring. In fact, YB Azmin Ali went several steps further when he was quoted defending the move and saying that Selangor Industrial Corporation (SIC), the arm used to get the CIMB loan can settle the debt within 24 hours.

YB Elizabeth Wong also defended the move and said that the Selangor State Government wil be using the full might of the state to recover the amount that been overdue for 10 years from Talam. YB Teresa Kok defended it by saying "By consolidating Talam's debt owed to the state under the MBI it makes it easier to collect the debts and to take the necessary action to recoup the losses," she said. She also stressed that MBI has more power to act as it can seize the land and assets involved if Talam does not repay its debts to the state as a last resort.” And that the public should trust them.-Malaysiakini report.

After reading all the news reports made available, this is nothing more but a corporate bail-out for Talam Corp. Now, we have seen many bail –outs in recent days, especially in the US for their banks and major car-makers like Ford, Chrysler and so on. At the same time, the Government of Malaysia had in created Danaharta and Danamodal to buy out debts companies have with banks. But one common factor for these bail-outs – they are all for national interest to keep companies or banks with strategic national interests alive.

I wonder what strategic interest does Talam have for the Selangor State Government? And the state owned subsidiaries are not banks that will hurt their balance sheet and curtail them from doing further businesses. So exactly, why the bail-out?

If these debts had been accumulating for the last 10 years, why is the MB of Selangor and the few YBs above so confident that they can collect in 3 months. And if they can collect in 3 months, why execute all these corporate debt restructuring which will cost SIC and eventually the Rakyat RM70,000 per day in interest? What is it that they can do now that cannot be done last time. And if they know they can collect in 3 months, who go through all the exercises. If they had had the patience to wait for 10 years, just wait for another 3 months for the debts to be settled without having to do all these costly exercises.

Even under the State subsidiaries, they have the full rights through legal channels to claim for what is owed, and eventually seize assets and lands or whatever to get payment. It does not have to go through MBI to do that.

In short I am perplexed why the Selangor State government is doing this. Absolutely no concrete reason.

The Selangor State Government owes the Rakyat an answer and clarification. Or else the Rakyat will think someone benefited from the whole deal.

To: editor@thestar.com.my

The Selangor State government recently announced that it will buy over the debts Talam Corporation Bhd has with 4 Selangor state owned subsidiaries totalling RM391m, namely Selangor Development Corporation (PKNS), Kumpulan Darul Ehsan Berhad (KDEB), Permodalan Negeri Selangor Bhd (PNSB)and Universiti Selangor (UNISEL). The vehicle used will be the state’s investment arm, Mentri Besar Incorporated (MBI) to buy over the debts owed by Talam. The State Assembly had also on 9 November 2009, approved the supplementary budget totalling to RM391m for this corporate exercise.

Defending the move, the MB of Selangor stated that MBI will ensure that Talam pays off the total RM391m within 3 months and that he was the consultant and brains behind the corporate debt restructuring. In fact, YB Azmin Ali went several steps further when he was quoted defending the move and saying that Selangor Industrial Corporation (SIC), the arm used to get the CIMB loan can settle the debt within 24 hours.

YB Elizabeth Wong also defended the move and said that the Selangor State Government wil be using the full might of the state to recover the amount that been overdue for 10 years from Talam. YB Teresa Kok defended it by saying "By consolidating Talam's debt owed to the state under the MBI it makes it easier to collect the debts and to take the necessary action to recoup the losses," she said. She also stressed that MBI has more power to act as it can seize the land and assets involved if Talam does not repay its debts to the state as a last resort.” And that the public should trust them.-Malaysiakini report.

After reading all the news reports made available, this is nothing more but a corporate bail-out for Talam Corp. Now, we have seen many bail –outs in recent days, especially in the US for their banks and major car-makers like Ford, Chrysler and so on. At the same time, the Government of Malaysia had in created Danaharta and Danamodal to buy out debts companies have with banks. But one common factor for these bail-outs – they are all for national interest to keep companies or banks with strategic national interests alive.

I wonder what strategic interest does Talam has for the Selangor State Government? And the state owned subsidiaries are not banks that will hurt their balance sheet and curtail them from doing further businesses. So exactly, why the bail-out?

If these debts have been accumulating for the last 10 years, why is the MB of Selangor and the few YBs above so confident that they can collect in 3 months. And if they can collect in 3 months, why execute all these corporate debt restructuring which will cost SIC and eventually the Rakyat RM70,000 per day in interest? If they had the patience to wait for 10 years, just wait for another 3 months for the debts to be settled without having to do all these costly exercises.

Even under the State subsidiaries, they have the full rights through legal channels to claim for what is owed, and eventually seize assets and lands or whatever to get payment. It does not have to go through MBI to do that.

In short I am perplexed why the Selangor State government is doing this. Absolutely no concrete reason.

The Selangor State Government owes the Rakyat an answer and clarification. Or else the Rakyat will think someone benefited from the whole deal.

Program Rakyat anjuran KEMAS Daerah Yan

Baru-baru ini, KEMAS Daerah Yan telah menganjurkan satu program Rakyat bersama JKKKP Cawangan Kuala Sg Daun. KEMAS telah menghadiahkan beg-beg sekolah kepada anak-anak kampung tersebut sebagai persiapan awal masuk kesekolah tahun depan. Pada masa sama, program ini telah memberi peluang untuk saya dan pegawai-pegawai KEMAS untuk beramah-mesra dengan penduduk kampung Kuala Sg Daun.

Saya berharap lebih banyak program seperti ini akan dijalankan untuk memberi ruang dan peluang kami turun ke akar umbi dengan lebih kerap lagi. Terimakasih KEMAS.

Program Jejak Akar Kuala Sg Daun bersama Ketua Cawangan UMNO

MACC

To : editor@thestar.com.my

I am very happy to learn that MACC has set up a special team under its Inspections and Consultancy Division to address issues of allocations given to Members of Parliament and State Assemblymen being abused. This is certainly a pro-active move by MACC and should be welcomed by all.

MACC however must not only focus only prosecution. Many of these YBs and their staff might not be aware of the procedures and stringent rules when it comes to utilising their allocation for the Rakyat. As such, certain well intentioned cases of helping the Rakyat gone wrong might just be due to lack of understanding the procedures or rules instead of outright fraud. I am happy to note that MACC has also directed their state level Public Education units to hold special briefings for the Wakil Rakyat from all parties.

Once after all the briefings of the rules and procedures are done, then no one can claim ignorance when utilizing the allocations. Only then, MACC can prosecute effectively knowing that all abuses are because of fraud rather than anything else.

On another note, MACC must also inform to the public the progress of cases involving public figures or on issues of abuses of public funds. Whilst it is understandable and acceptable that certain information is considered sensitive and cannot be divulged, many are wondering on cases like YB Dato’ Seri Mohd Khir Toyo and investigations on the recent Attorney-General’s report. It is also unfair for YB Dato’ Seri Khir Toyo to be left hanging without a conclusion to investigations on his case. I believe he would also like an opportunity to clear his name if possible.

The AG’s recent reports came up highlighted many cases of abuse. Apart from the relevant ministries’ internal investigations and subsequent disciplinary action if any, MACC should also look into the cases because it is of public interest. Many are outraged by the blatant abused acts that the officers in charge are doing.


These corrupt practices are an embarrassment not only for the Government, but to us as the rakyat of Malaysia.



Ahmad Ikmal Ismail (concerned citizen)

MCA Crisis

Looks like we have Dato’ Seri Ong Tee Keat and Dato’ Seri Chua Soi Lek back at the helm of MCA. Dato’ Seri Liow Tiong Lai is back to Vice- President after 19 days as Deputy President, being replaced by the very person whom he replaced initially. And with the implementation of the “Unity Plan”, both individuals are confident that things will be well again. So the puzzle goes.

I have no particular interest on any of the major players in MCA. Not DS OTK, DS CSL or DS LTL. But I could not help but wonder if MCA has come out stronger from all these manoeuvring ? Or has MCA lost its plot and is headed for oblivion?

The way things are going in MCA, it does not look to good for them. I spoke to some of my Chinese friends who are supportive of the BN but not in any particular party. They are of the opinion that MCA leadership (not anyone in particular but a whole bunch of them) have become self absorbed and are not looking at the greater Chinese community. As it is, support from the Chinese community for Barisan Nasional, in particular MCA and Gerakan (the two main Chinese based parties in BN) is at its all time low as reflected in PRU 12. Even in the recent by-elections, support from the Chinese community had been found wanting. In general, roughly only 20% to 30% supported BN candidates in any by-elections save for Bagan Pinang.

Given the current developments in MCA, my friends were saying they were disgusted and could not see either MCA or Gerakan helming the Chinese community. Gerakan was at one time totally shattered and dysfunctional as a party. Only now it is trying to pick itself up and rebuild, albeit slowly and still unsure of its members and leaders. Recently, Lim Si Pin lambasted his youth delegates because less 50% turned up for the Gerakan Youth AGM. There was no camaraderie amongst them and the spirit of party brotherhood fighting for a cause was totally missing from the Gerakan Youth delegates.

MCA, being the bigger of the two and seen last time as the bastion of the Chinese community is faring no better. As I said just now, many of my Chinese friends feel that the leaders are too self-absorbed with internal politicking and in-fighting. And all these problems are costing the MCA money (EGMs and so on are expensive), time and effort (which it could ill afford) wasted and more importantly face. Respect and dignity are two very important facets and in general, my Chinese friends felt that MCA has lost them. Whichever way the story goes for MCA, its leaders are all bruised up and have had their reputation and dignity dragged down a notch or two.

MCA must close this turbulent chapter soonest possible. It must also begin positioning one or two of its leaders over and above all this fighting so that there will still be someone the Chinese community can look up to. The leaders in MCA must start to think how even with all these in-fighting, at least one or two can come out relatively not bruised with his reputation relatively intact.

UMNO went through an extremely tough time and still is even now. As I was telling my friends, UMNO had to sweat blood and a pint more just to win a little respect and confidence back. We needed to do a major overhaul (no less than the change in President and leadership) to start the ball rolling to transform UMNO. As it is, we are on the right track but still not out of the woods yet. Make no mistake, UMNO is still far off from comfort zone and is battling daily to get there.

I hope MCA can come out of this intact. Someone has got to give. Compromise for the greater good of the party and Chinese community. I know it is easier said than done, especially when I am an observer, but if not done, MCA will go into oblivion.

I am confident my colleagues in MCA can eventually do it.