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.