Posts Tagged ‘MACC


Not abnormal for DPPs to withdraw charges, says Bar council after ‘shocking’ acquittals

Not abnormal for DPPs to withdraw charges, says Bar council after ‘shocking’ acquittals

KUALA LUMPUR, Sept 4 ― Malaysian Bar president George Varughese said there was nothing ‘shocking’ about the prosecution’s move on Monday to withdraw the charges against Finance Minister Lim Guan Eng and businesswoman Phang Li Koon over the purchase of a bungalow below the market price.

Commenting on the Malaysian Anti-Corruption Commission’s claim that it was “very shocked” by the move, Varughese said it was the absolute prerogative of the Deputy Public Prosecutor (DPP) at any stage of the trial, before the delivery of judgment, to decline to prosecute further pursuant to Section 254 of the Criminal Procedure Code.

“It is not uncommon for lawyers representing accused persons to make representations to the Attorney General’s Chambers (AGC) seeking withdrawal and or reduction of the charge proffered against their clients,” he told the Malay Mail today.

He added that the AGC does accede to these representations on a regular basis.

“Further, the DPP has since explained that it was his considered opinion that there is insufficient evidence to succeed at the end of the prosecution’s case,” he said.

Earlier today, the head of the AGC’s appellate and trial division Datuk Mohamad Hanafiah Zakaria said Attorney General Tommy Thomas had nothing to do with the prosecution’s withdrawal of corruption charges against Lim and Phang.

Hanafiah said he had been tasked by Solicitor-General Datuk Engku Nor Faizah Engku Atek and the then Solicitor-General II Datin Paduka Zauyah Be T. Loth Khan to handle the matter after Thomas recused himself from leading the prosecution.

He explained that he made the decision to stop the case as he knew it would not succeed.

“Hence, I decided for the prosecution to enter nolle prosequi against both Lim Guan Eng and Phang Li Koon in accordance with Section 254 of the Criminal Procedure Code (CPC).

“Similarly, in the case against Lim Guan Eng and Phang Li Koon, there was fresh evidence that has not been previously considered,” he said in a media statement.

Not abnormal for DPPs to withdraw charges, says Bar council after ‘shocking’ acquittals
4 September 2018 – MMO


RM3.5 million cash taken from Najib’s office on night of election

PMO heist: RM3.5m taken from Najib’s office on night of election

EXCLUSIVE | The security personnel at the Prime Minister’s Department remanded by the MACC today had allegedly taken cash totalling RM3.5 million from the office of former premier Najib Abdul Razak on the night of the 14th general election.

Sources told Malaysiakini that the 17 security personnel had taken away the money – which the MACC said was part of Umno’s election war chest – upon learning that “BN was losing the election.”

“The security personnel were part of a team on duty that night to provide security at the department.

“Those arrested were the ones who at that time were tasked to guard its main building where the Prime Minister’s Office is.

“It is believed that when they learned that BN was going to lose the election, they decided to take something for themselves and went into an office that belongs to former prime minister,” a source said.

The cash, added the source, was not kept in a safe.

Authorities suspect that the group had cleared up all the cash they could find in the office.

Another source said authorities began to become suspicious at the suspects’ involvement when they were seen flashing their sudden wealth, including with purchases of new motorcycles.

When contacted by Malaysiakini, MACC deputy chief commissioner of operations Azam Baki confirmed that the security personnel are being investigated, but declined to elaborate further.

PMO heist: RM3.5m taken from Najib’s office on night of election
Hariz Mohd
8 Aug 2018 – Malaysiakini


MACC will open more files on Felda, says Shahrir

MACC will open more files on Felda, says Shahrir

THE Malaysian Anti-Corruption Commission (MACC) will be investigating more cases involving wrongdoing and corruption in Felda, said the agency’s chairman, Shahrir Abdul Samad.

Shahrir said MACC’s investigation into the agency is unlikely to be limited to the purchase of a hotel in Kuching, and property in Kensington, London, by Felda Investment Corporation (FIC).

“I don’t think it (the investigation) will only stop with FIC and the Kensington property, but there will be other cases. We are open to investigation,” the Johor Baru MP said during a press conference at Dialogue TN50 with Felda new-generation settlers at Menara Felda in Kuala Lumpur today.

Present was Youth and Sports Minister Khairy Jamaluddin.

MACC is currently investigating FIC’s purchase of the Hotel Grand Borneo in Kuching, which is affiliated to the 1Borneo Hypermall in Kota Kinabalu, Sabah.

FIC reportedly paid RM86.4 million for the hotel in 2012.

Meanwhile, Merdeka Palace, a five-star hotel with 213 rooms, in Kuching was allegedly purchased for RM50 million more than its original value.

Park City Grand Plaza in Kensington was reported to have been bought for RM330 million, allegedly RM220 million more than its original value of RM110 million.

The acquisition is FIC’s first London property and Felda’s second. FIC is a wholly owned subsidiary of Felda.

The Kensington purchase was made under FIC chief executive officer Mohd Zaid Abdul Jalil during the time that Isa Samad was chairman of Felda Global Ventures Holdings Bhd (FGV), another Felda subsidiary.

MACC has called on a few individuals to assist in investigations regarding the purchases and have also raided a few locations, including Isa’s office when he was in FGV and the Land Public Transport Commission (SPAD) office.

In March 2015, MACC questioned one of Isa’s sons over the Kensington purchase, according to Malaysiakini, citing a source privy to the investigations.

In May that year, Paul Low, the minister in charge of transparency and integrity, told Parliament that MACC found no wrongdoing in FIC’s London purchase.

In January this year, newly appointed Felda chairman Shahrir ordered all FIC board members to resign to facilitate the reorganisation of the company.

Isa resigned from FGV on June 19 after a public row with FGV president and CEO Zakaria Arshad over questionable deals worth hundreds of millions of ringgit.

Isa has since been appointed acting chairman of SPAD.

FIC was previously known as Capital Protocol Sdn Bhd before it was incorporated by Felda in July 2013. –November 14, 2017.

MACC will open more files on Felda, says Shahrir
14 Nov 2017 – TMI


Enough evidence for MACC to probe 1MDB

Enough evidence for MACC to probe 1MDB, says ex-anti-graft officer

PETALING JAYA: An ex-senior Anti-Corruption Agency (ACA) officer said there is ample evidence for the anti-graft agency to investigate the financial fiasco involving state investor 1MDB.

Ramli Manan said investigators had only to look into 1MDB-related court proceedings in Singapore and the United States’ Department of Justice (DoJ) reports to assist them in their probes.

“The evidence there is glaring and it could be of great assistance to MACC officers,” said Ramli, who retired as director of the Sabah ACA.

The ACA is the forerunner of the Malaysian Anti-Corruption Commission or MACC. The change in name followed the introduction of a fresh legislation and new administrative structure in 2009.

Ramli told FMT: “It is only the MACC that has the expertise and experience to carry out investigation on graft and abuse of power. Police only can probe Penal Code offences.”

He said this in response to Petaling Jaya Utara MP Tony Pua’s disappointment with a parliamentary reply that the MACC would not investigate 1MDB as the police, Bank Negara, and the Public Accounts Committee had done so.

Ramli said the MACC also had the power to investigate prescribed offences under the Penal Code, such as criminal breach of trust, misappropriation of property, theft and forgery.

He said the MACC, being an independent body, need not wait for instructions from anyone to start or resume its investigations should it come across evidence of corruption.

“No one, including the attorney-general, who is the public prosecutor, can order the MACC to halt its investigation,” he said.

Under the present legal scheme, the MACC, however needs to submit its investigation papers to the public prosecutor who has the sole discretion to “institute, conduct or discontinue any proceeding for a criminal offence”.

Earlier this week, Pua described the government’s answer to why the MACC would not be investigating the alleged misappropriation of funds and abuse of power in 1MDB, as “shameless and irresponsible”.

Minister in the Prime Minister’s Department Paul Low, in his written reply to Pua’s question, had said the MACC was not investigating 1MDB because the Public Accounts Committee (PAC), Bank Negara Malaysia (BNM) and the police had done so.

Meanwhile, former Umno leader Khairuddin Abu Hassan said he had since 2014 filed at least three reports with the MACC over affairs in the 1MDB but the agency had never updated him on the progress of the investigations.

“They called me and took statements that lasted for hours, but nothing happened,” said Khairuddin, who was instead charged with sabotaging the local banking and financial system for making reports over 1MBD in several countries in 2014 and 2015.

Also prosecuted was his lawyer Matthias Chang. However, the court later acquitted them on grounds the prosecution had not presented any evidence linking them to the charge.

Khairuddin questioned the need to have the MACC to fight graft when the agency seemed to be controlled and dictated by people in power.

Enough evidence for MACC to probe 1MDB, says ex-anti-graft officer
November 10, 2017 – FMT


Shafie’s arrest a blessing in disguise

Shafie’s arrest a blessing in disguise, says Sabah Amanah man

Hamzah Abdullah tells party convention that Sabahans are used to changing governments, suggesting that arrest could backfire on Barisan Nasional.

ALOR STAR: Parti Warisan Sabah president Shafie Apdal’s arrest by the Malaysian Anti-Corruption Commission (MACC) could be a blessing in disguise for both Sabahans and Pakatan Harapan, a Sabah Amanah delegate said today.

Hamzah Abdullah said the arrest could spark a backlash, as well as backfire on Barisan Nasional (BN).

“Believe me when I say, Sabahans are used to a change in government. And this time, the 25 BN seats they consider as fixed deposits, will become BN’s nightmare.

“Sabah helped save BN in the last general election. And this time, the people of Sabah will continue its agenda to change the Umno-BN government,” he said when debating party president Mohamad Sabu’s policy speech at the convention here today.

Hamzah said the incident involving Shafie was similar to one that occurred in 1985. He was referring to how Parti Bersatu Sabah was formed in 1985 by then state minister Joseph Pairin Kitingan, who broke ranks with Parti Berjaya president and chief minister Harris Salleh.

Hamzah said Joseph, who was victimised, subsequently left and formed PBS, with the slogan Sabah for Sabahans.

“The people gave him the mandate and he won. And the party he was with previously, was toppled,” he said.

Shafie, who has been Semporna MP since 1995, quit Umno where he was vice-president in July last year to form Warisan.

He was arrested by the MACC yesterday as part of its probe into the alleged misappropriation of RM1.5 billion in funds from rural development projects in Sabah.

Hamzah also said Shafie’s arrest was an indication that Warisan could not stand on its own in their struggle, and that Amanah will continue to court them to join Pakatan Harapan in the state.

Shafie’s arrest a blessing in disguise, says Sabah Amanah man
October 21, 2017 – FMT


Task force on probe over MACC’s Dzulkifli of no value

Gobind: Task force on probe over MACC’s Dzulkifli of no value

The DAP legal bureau chief says laws currently in place are more than sufficient for the purposes of probing such a case.

PETALING JAYA: DAP’s legal bureau chief Gobind Singh Deo has questioned the Attorney-General’s Chambers (AGC) for forming a task force on allegations of an extramarital affair involving Malaysian Anti-Corruption Commission (MACC) chief commissioner Dzukifli Ahmad when normal police investigations would suffice.

“Ordinarily every police report is assigned to an investigating officer (IO) who will probe the matter in accordance with law,” the Puchong MP said.

“The laws currently in place are more than sufficient for the purposes of probing a case under Section 498 of the Penal Code.

“We must respect the law and appreciate that every criminal investigation needs to be conducted in accordance with the law if that investigation is to be later upheld by any court of law,” he added in a statement today.

Attorney-General Mohamed Apandi Ali had announced on Oct 19 that the task force was formed on Oct 16 in view of the seriousness of the allegations that could affect Dzulkifli’s integrity.

He said it would closely monitor the investigations of the alleged offences under Section 498, which deals with “enticing or taking away or detaining with a criminal intent a married woman”, and other related offences.

Gobind said the current framework in any such investigation is designed to ensure impartiality and fairness to all concerned.

“It places the fate of a case in the hands of an IO and not any special task force which monitors investigations,” he said.

“The IO must work within his powers having regard to the best interests of both the state and the suspect in the case.

“It is the IO who may testify in court later and he may be subject to cross examination. It is his credibility and not that of any special task force which will be on trial,” he added.

Gobind said he was of the view that the task force would not be of any value to the probe.

“We should not develop a new culture of setting up special task forces in individual cases. This may be a dangerous precedent which should not be encouraged,” he said.

He added that there was no reason for the probe to be dealt with differently from any other criminal investigation.

He said the Federal Constitution had stipulated that all persons are equal before the law and entitled to the equal protection of the law.

“This must necessarily apply to MACC chief Tan Sri Dzulkifli Ahmad as well,” Gobind said.

Dzulkifli became embroiled in the allegation after a video showing a man said to be a senior MACC officer apparently holidaying with a woman in Bali went viral on social media last week.

Gobind: Task force on probe over MACC’s Dzulkifli of no value
October 21, 2017 – FMT


Anger brews in Shafie’s stronghold in Sabah

Anger brews in Shafie’s Semporna

IT is like anything other weekend in Semporna, stronghold of Parti Warisan Sabah president Shafie Apdal.

People are going about their business n the small but tourist-filled east coast town that is the gateway to diving and snorkelling havens of nearby Sipadan, Mabul, Kapalai and Mataking.

There are no signs of discontent in the town of some 130,000 people even as Shafie, a man that has become a big part of their life, was arrested by graft busters from the Malaysian Anti-Corruption Commission (MACC) in Kota Kinabalu.

MACC is investigating alleged siphoning of RM1.5 billion of public funds meant for projects in rural Sabah that allegedly occured when Shafie was rural and regional development minister.

“You won’t see open discontent anywhere,” businessman Dato Hisham Fattah said as he sipped his favourite Tenom coffee in a small coffeeshop.

“But it’s simmering. Just below the surface, you can say,” Hisham said as his MP of five terms was on Friday remanded for four days.

“The people are angry alright. Very angry even though we knew, and had been warned that such a day will come after he left Umno and formed Warisan.

“They have been told to expect Umno to pick on Shafie and try to break up the support for him.

“That day has come just as Datuk Seri (Shafie) said it would,” Hisham, who is also Warisan deputy information chief, said.

Support for Shafie is near fanatical in Semporna.

When he left Umno to form Warisan, 90% of Umno’s 485 divisions went with him.

It literally left Umno paralysed in this town where in 2013, six policemen were killed in a botched raid to arrest a wayward Suluk imam in Kpg Siminul.

“The people in Semporna are not showing it openly as they have been told to keep everything under control and in check,” Hisham said.

“There is a time for everything.

“We don’t want to provoke the authorities like holding a rally or demonstration. Probably that’s what the people in Umno had hoped but we told them (Shafie’s supporters) to show their anger and displeasure in the ballot box later,” Hisham said.

Like most Shafie supporters, Hisham echoed the widely accepted view that the investigation and arrest was “selective prosecution”.

He backed his view by asking what happened to the water department money laundering case.

“Why has no one been charged over it when we are hearing that Datuk Seri (Shafie) could be charged as early as on Monday,” Hisham said in reference to the corruption probe into the Sabah Water Department by MACC in 2015 and 2016.

Two senior officers in the department were arrested for alleged abuse of power and the anti-graft busters seized a total of RM52 million cash from various places, including from the house of one of the officers.

Gold, jewellery, luxury brand watches, branded handbags, luxury cars and hundreds of land grants were also seized.

“What happened to the two officers? Why were they not charged till today?

“What about all those cases of misappropriation of million in other ministries the MACC had investigated?

“I don’t hear of their respective ministers getting arrested and questioned,” Hisham said.

“We are angry but we’re not afraid of what they are doing,” Ghulam Miralam, a Bajau like Shafie and most of the people in the town, said.

“I’ve known Shafie for 30 years and in all those years, he had often advised us in the many meetings not to be ‘dirty’.

“That’s why I am convinced Shafie is not guilty of what he is being investigated for.

“This is plain dirty politics,” Ghulam said.

Ghulam said what Umno is really afraid of is Shafie’s ability to cut across the racial lines and get them to fight for a clean government and what is good for Sabah.

Shafie, a former Umno vice president, had a falling out with Prime Minister Najib Razak after he questioned the prime minister over the 1Malaysia Development Board (1MDB) scandal.

Najib then sacked him from the cabinet but not the party. Shafie lter left on his own accord.

“It is obvious why they are doing that to Shafie,” Mohd Jakarah Asmad of Kpg Kubang Pinang, when met at a coffeeshop, said.

“They are trying to destroy his credibility by giving the perception that he is dirty and corrupt.”

Jakarah, a former civil servant who now looks after a polling district for Warisan, said instead of tarnishing Shafie’s image, Umno had made Shafie’s supporters angrier at the party for what it was doing to Shafie.

“It makes us more determined, more determined to remove Umno.” – October 22, 2017.

Anger brews in Shafie’s Semporna
22 Oct 2017 – TMI

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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?