Archive for July, 2009

31
Jul
09

PKFZ Scandal Videos II

PKFZ Scandal Videos II – William Leong

Part 1

Part 2

Part 3

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31
Jul
09

Committee finds PKA board negligent

Committee finds PKA board negligent
30 July 2009 – the Edge

PUTRAJAYA: A committee set up by the Port Klang Authority (PKA) to probe the administrative and governance practices adopted by the authority that led to its undertaking of the controversial Port Klang Free Zone (PKFZ) project found the board negligent in discharging its duties.

In view of the findings that were revealed by Datuk Paul Low, the chairman of the Ad Hoc Committee on Administration and Corporate Governance, PKA is looking into initiating a legal suit against those who served on its board between 2001 and 2007. This will be deliberated at PKA’s board meeting next week.

Announcing the findings, Low who is also president of Transparency International-Malaysia, cited numerous violations of corporate governance practices.

“We believed that the past board was grossly negligent in not discharging their fiduciary duties. In any organisation the CEO or the GM is also under the authority of the board. A board cannot deny that it is ignorant or it has no power. The buck stops at the board. The board should have known and stopped all the abuses. I am sure they knew because the auditor-general’s report was made available to them,” he said.

“Also, because of the GM being the CEO, probably felt that being appointed by the Minister (of Transport)… need not report to the board also. So she bypasses the board.

“So you have a CEO who bypasses the board and you have a board which didn’t bother to rein in all the abuses,” he said, adding that this is a lesson to all as people who are appointed to the board have a responsibility and a duty, especially in a public institution or corporate organisation.

On whether PKA has legal recourse in the matter of its previous board members having failed to carry out their duties, Low said it was up to the current board to deliberate and resolve whether any action could be taken.

PKA chairman Datuk Lee Hwa Beng, who was also present at the press conference, said he would seek advice from the authority’s legal representatives. PKA has appointed Skrine and Co as its lawyers in matters pertaining to the PKFZ fiasco.

“We will definitely discuss it at the next board meeting but at this stage we are more concerned about recovery of money. Who can we recover (it) from so that we can reduce our debts of RM4.6 billion?” Lee said.
Continue reading ‘Committee finds PKA board negligent’

30
Jul
09

Unidentified DNA sample found on Teoh

Unidentified DNA sample found on Teoh, inquest postponed
Melody Song
29 July 2009 – the Edge

SHAH ALAM: The team representing the federal government in the Teoh Beng Hock inquest revealed that more than one male DNA sample was found on the deceased political aide’s clothing.

Lead federal counsel Tan Hock Chuan said there were two reports — one completed and one pending — pertaining to DNA analysis done on samples found on Teoh.

According to the first report from the Bukit Aman police forensic experts, a swab from the back outer layer of Teoh’s jacket consisted of a mixture of his blood and DNA sample of another unknown male.

In the second yet to be completed report, another DNA profile from a swab taken at the region of Teoh’s waistband revealed traces of the deceased’s DNA and that of at least one other male contributor.

“So far, 102 people have provided samples to be tested,” said Tan during the inquest.

“Of this, results for 90 individuals are ready while the remaining 12 were still being processed.”

The report said two people had refused to give their DNA samples. No matches have been made thus far.

After a brief recess, the inquest was postponed by magistrate Azmil Muntapha Abas, who was acting as coroner, to Aug 5.

Reasons for the postponement were to allow more time for Teoh’s family and the Selangor state government’s lawyers to examine the investigation reports.
Continue reading ‘Unidentified DNA sample found on Teoh’

30
Jul
09

Family still wants RCI

Family still wants RCI
Chan Kok Leong
29 July 2009 – the Edge

SHAH ALAM: It was nice of the prime minister to promise that “no stone will be unturned” in the investigation into their brother’s death but at the end of the day, the family still want a Royal Commission of Inquiry (RCI).

In a rare public statement from the family of deceased political aide Teoh Beng Hock, his brother and sister continue to press for a wider role for the RCI.

“We appreciate the prime minister’s efforts to meet our parents and us but we maintain our request for an independent and transparent Royal Commission to investigate the cause of my brother’s death,” said Teoh Lee Lan at the Shah Alam Court Complex today.

Teoh’s sister was commenting on her family’s 30-minute meeting with Datuk Seri Najib Razak on Tuesday evening.

During last week’s announcement on the setting up of a RCI, the prime minister had promised to “personally” convey the investigation results to the family.

When asked if their request was due to a lack of confidence towards the magistrate’s inquest, set up to investigate the cause of Teoh’s death, brother Beng Hee said: “I don’t know what to say”.

Lee Lan then piped in and said that the family had heard the prime minister’s explanation but they believed that a comprehensive RCI was in order.

Speaking on behalf of the family, DAP leader Lim Kit Siang added the family did not want an inquest which has a “limited scope” but want an RCI which will look into the Malaysian Anti-Corruption Commission’s (MACC) interrogation tactics used on Teoh.
Continue reading ‘Family still wants RCI’

30
Jul
09

Winds of change have never blown so strong – Zaid Ibrahim

Zaid Ibrahim’s Keynote Address at The Oxbridge Malaysia Dinner Dialogue Series

Ladies and gentlemen

Thank you for your invitation for me to speak today. When I accepted
your kind offer, I was ‘party-less.’ But things have now changed. I
have drawn my line in the sand. And I have chosen sides. Today, I am a
proud member of Parti Keadilan Rakyat.

Today I am persuaded by the argument that for Malaysia to have
democracy and the Rule of Law, we must have a new government; a viable
inclusive government of the people; a government for all Malaysians.
Today I am dedicated to the cause of securing the success of Parti
Keadilan and Pakatan Rakyat, and ensuring that it galvanises the best
talents and ideas to form a robust alternative Malaysian political
force to lead the nation, to deliver true integration and nationhood.

Ladies and gentlemen, this country was established as a secular
multicultural and multi-religious democracy a’la the Westminster
model. The Constitution however provides for a special position for
the Malays and natives of Sabah and Sarawak. They unfortunately
omitted to include the Orang Asli in this special category, although
they were naturally the first original inhabitants of this country.
All they got was a Jabatan Orang Asli. The special provisions for
Bumiputras under Article 153 do not make them more special than other
citizens, for the fighters of independence did not envisage an
Orwellian society where some are more equal than others. The
acceptance of equality of rights as citizens is central to the success
of our Malaysian journey.
Continue reading ‘Winds of change have never blown so strong – Zaid Ibrahim’

29
Jul
09

Justice must be seen to be done

Ferreting out the facts
REFLECTING ON THE LAW
By SHAD SALEEM FARUQI
July 29, 2009 – the Star

What is crucial is that justice must not only be done but must be seen to be done. Public scepticism is acute because despite considerable passage of time, no decisive evidence seems to have emerged.

The usefulness of a Royal Commission of Inquiry into a criminal matter is open to question, but the refusal to appoint one on the grounds of duplication of proceedings is not convincing.

THERE is a public outcry against the Government’s decision to appoint a Royal Commission of Inquiry with limited jurisdiction to investigate the procedures of the Malaysian Anti-Corruption Commis- sion but no power to track down the truth about the tragic death of political aide Teoh Beng Hock.

Most of the views reflect public exasperation that weeks after Teoh’s demise, nothing definite seems to have been unearthed to throw light on the case. This is despite full-fledged investigations by the police and the Malaysian Anti-Corruption Commission.

Attorney-General Tan Sri Abdul Gani Patail’s statement on the need for an inquest rather than a Royal Commission of Inquiry has not met much support.

This is partly due to lack of knowledge of the Criminal Procedure Code.

It is true that under the Code police officers have a duty to investigate a death (Section 329). Such officers have a duty to arrange for a post-mortem in certain cases (Sec- tion 330). Bodies may be exhumed (Section 335).

Once the Public Prosecutor directs a magistrate to hold an inquiry into the cause of, and the circumstances connected with, any death, the magistrate is obliged to hold an inquiry and to record his findings.

The A-G is also right that a Royal Commission of Inquiry is not the most appropriate instrument for investigating a violent crime. The Commission is more suitable for administrative, civil and tort matters.

Under section 2 of the Commis- sions of Enquiry Act 1950, the Commission can enquire into the conduct of any federal officer; any public service department or institution; or into any matter, enquiry into which would be for the public welfare.

The findings of a Commission are not binding on the Government. The Commission’s report may be kept under wraps and may not be made public.

The Commission can discover facts, draw conclusions and make recommendations.

But it has no power to prosecute the wrongdoers. That discretion remains with the A-G under Article 145(3) of the Federal Constitution.

The usefulness of a Royal Commission of Inquiry into a criminal matter is, therefore, open to question.

However, despite weaknesses in the law relating to a Royal Commission, the refusal to appoint it on the ground that enquiry by it into Teoh’s death will lead to duplication of proceedings is not convincing.

Multiplicity of proceedings in this case cannot be avoided because one type of enquiry cannot shut out many other procedures required or permitted by the law. In this case, four types of proceedings are unavoidable.
Continue reading ‘Justice must be seen to be done’

29
Jul
09

AG’s explanation “misleading”

AG’s explanation “misleading”
By Sivarasa Rasiah
28 Jul 09 – the Nut Graph

ATTORNEY General (AG) Tan Sri Abdul Gani Patail’s argument for setting up an inquest to look into the death of political aide Teoh Beng Hock is simply that, as there is a specific provision under the Criminal Procedure Code for such an inquiry, “it is only proper that a court of law determines the cause of death”.

We know that there are such provisions for setting up an inquests. But the AG is missing the point that all such inquiries into deaths in custody have failed to identify the perpetrators and achieve any just outcome. No one has been held responsible for any of the deaths in custody since 2003.

These inquests failed for a variety of reasons. Junior judicial officers were investigating where they were entirely dependent on the evidence placed before them through police witnesses, when the core issue was often police misconduct itself. Rules of evidence were technical and the participation of lawyers also limited.

The failure of the inquests had underlined the call for the IPCMC in the 2005 Report of the Royal Commission to Enhance the Operation and Management of the Police, so that an independent body would investigate such misconduct.

It is the failure of these inquests that fuelled the strong public outcry for a Royal Commission into the cause of Teoh’s death. The announcement in the media today that a Deputy Registrar of the Shah Alam High Court, Azmil Muntapha Abas, has been appointed as the coroner also goes to reinforce the point we are making.

With no disrespect, Azmil’s standing is not comparable to the personalities who were appointed to the Royal Commission to investigate the assault on Datuk Seri Anwar Ibrahim and identify the assailants, such as former Chief Judge of Malaya Tan Sri Anuar Zainal Abidin, and retired Court of Appeal Judge Datuk Mahadev Shankar.

It was also misleading for the AG to refer to the Commissions of Enquiry Act 1950 to imply that royal commissions were for the purpose of inquiring into “conduct and management of government officers and departments, or for the public welfare”.

Such inquiries can also be made into crimes committed by government officers or departments, such as the aforementioned inquest set up in January 1999 to investigate the assault on Anwar and to identify his assailant.
Continue reading ‘AG’s explanation “misleading”’




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We cannot afford ridiculously expensive RM55 Billion ECRL!
All that is necessary
for the triumph of evil
is for good men
to do nothing.

- Edmund Burke
When the people
fears their government,
there is TYRANNY;
when the government
fears the people,
there is LIBERTY.

- Thomas Jefferson
Do you hear the people sing?

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