Showing posts with label corruption. Show all posts
Showing posts with label corruption. Show all posts

What is so great about vote buying?

We probably should have anticipated what was more to come after the the legendary and trade mark setting sentence of "you help me, I help you" vote buying rallying call in Sibu.

Since then it is disbursement here, there any everywhere.

The total bill we tax payer has to foot, 11 weeks into the prime minister's creation of feel good feeling during his trade secret period is RM606.68 million.
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http://www.malaysiakini.com/news/193760

PM, DPM disburse RM600mil over 11 weeks

The government had disbursed RM608.68 million over 11 weeks to the people through Prime Minister Najib Abdul Razak's and his deputy Muhyiddin Yassin's official nationwide visits.
According to a parliamentary written reply, the "urgent allocation" approved from January to March 15 was handed out during their 14-state visit, with Perak recording the highest at RM220.38 million for 34 projects.

Jerai PAS MP Mohd Firdaus Jaafar on Tuesday had asked the Prime Minister's Department to list to all the allocations approved for the prime minister's official tour of the states.


Allocations for Johor ranked second, with RM201.40 million doled out for 24 projects, while the Federal Territories came in third with RM63.25 million dispensed for nine projects.

Najib’s recent marathon forays to Perak and Selangor focussed on opposition-held areas, distributing goodies and promises to boost BN’s popularity, had fuelled speculation that polls might be announced soon.

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While RM606.68 million seems huge, it represent a minor investment to secure BN's continue power hold and loose change to wealth generation and preservation of those who waltz in the corridor of power and its lucky associates. The added bonus is that your lenders, being the tax payers, have no recourse against your personal assets, unlike a normal businessman or housebuyer begging support from a tightly regulated financial instituion.

Illegally yours, mine or whose?

I read with interest with regards to the Finance Minister’s comment relating to early success in combating illicit money.
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Early success’ by special taskforce on illicit outflows
Speaking to reporters after launching Bank Negara Malaysia’s Financial Blueprint 2011-2020, Najib (right) said the taskforce has especially been successful in curbing one source of leakage – tax evasion.
Najib said tax revenue for 2011 is expected to be a whopping RM22 billion more than last year,
Najib was commenting on a study by financial watchdog Global Financial Integrity (GFI) which found that Malaysia had lost an astounding RM150 billion in 2009 alone through illicit means.
The PM, who is also finance minister, added that the haemorrhage has however not affected the domestic economy.
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GTP : Transforming or mere improvements?

Najib administration released the 2010 annual report for Government Transformation Programme;an understandable tactical undertaking given the coming Sarawak and imminent General Election.

Among the quotable statement are as follows:

a bold programme aimed at radically transforming the way the Government worked so we could deliver real solutions

Reducing Crime, Fighting Corruption, Improving Student Outcomes, Raising Living Standards of Low-Income Households, Improving Rural Basic Infrastructure and Improving Urban Public Transport


According to the Prime Minister,

I am proud to say that the GTP, led by the Performance Management and Delivery Unit (PEMANDU) within the Prime Minister’s Department, has delivered many positive outcomes. The GTP has registered many “firsts” that have directly or indirectly, enhanced the lives of millions. We have broken new ground and are on the verge of greater accomplishments.

It is a welcome initiative from the Najib administration to provide a report to the public. As informed and thinking tax payer, we should bear these 2 matters in mind: 1) self praise is no praise; and 2) please shed ourselves of beggar and feudal mentality - we do not owe our living to the elected occupiers of seats of responsibility and authority, it is very much the other way around.

Let's appraise the report pretty much like a shareholder in a plc's annual general meeting and see if our tax money has been spent by a prime minister elected by his political party, not by the general public.

Transformation suggest a paradigm shift, a "new deal" - like Lee Kuan Yew as early as 1980's told Singaporeans that the then booming labour intensive and low cost manufacturing base was not a sustainable option and began making the little red dot the financial, petroleum processing and regional office hub that is today.

I would rate the report card as showing tangible incremental improvements over a miserable delivery system that takes little to better. Yes, overall there are some positives, but I would not say that it has broken new ground.

On the contrary, it is probably inching towards what tax payers realistically can expect a proper government to deliver. CRIME:


On page 7 "Big Result Fast" - it was claimed that 2001 violent cases backlog has been cleared. Why should there be a backlog in the first place? Clearing backlog is nothing to be proud about, it is about waking up and catching up for “goyang kaki" in the past. Speaking of backlog case, what happened to the death of Kugan and Teoh Beng Hock cases?

On the same page, 7,402 police personnel have been mobilised from desk jobs to front line to fight crime.

On page 133 of DAP Economic Bureau's 2010 Alternate Budget (I got my copy in 2009), there is a statement here,

“we need to restructure our excessive placement of police personnel in Federal Reserve Unit (FRU), Administration, Logistics and Special Branch so that we can deploy more police personnel to crime-fighting divisons such as CID which makes up of only 7% of the police force now".


Nice to see the BN administration taking alternate views seriously but they need to work on giving due credit and not "gasakking" it.



On the CORRUPTION front, 284 offenders have been listed in sprm website.

Among the cases:
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No. Kes : 62-2-2011 PERTUDUHAN PILIHAN: Bahawa kamu pada 3 Januari 2011, jam lebih kurang 12.00 tengah hari, di Pasar Awam Kuala Pilah, dalam Daerah Kuala Pilah, dalam Negeri Sembilan, telah memberikan suatu suapan iaitu wang tunai RM 100.00 kepada seorang ejen Kerajaan Malaysia iaitu (RF/164062)

No. Kes : 62-8-2011 PERTUDUHAN PILIHAN: Bahawa kamu pada 3 Februari 2011, jam lebih kurang 11.45 pagi, di dalam Pondok Polis Terminal One, dalam Daerah Seremban, dalam Negeri Sembilan, telah memberikan suatu suapan iaitu wang tunai RM 50.00 kepada, Konstabel (RF/170575)


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Whereas .... all the ex-PKA directors are granted amnesty by the current directors, which make all of them seem to be jointly culpable at the very least.

http://fabm.wordpress.com/2010/04/19/pkfz-ex-pka-directors-off-the-hook/

Silence is gold when certain issues in Sarawak are concerned
http://www.sarawakreport.org/2010/02/sarawak%E2%80%99s-billions-sent-abroad-taib%E2%80%99s-international-property-empire/


On page 66, The Miniter in PM Department, stated

With the implementation of the initiatives under the Fighting Corruption NKRA, the Government has continued to demonstrate dedication towards eliminating corruption and graft in the nation. The recent Global Corruption Barometer results reflect this, and although I am confident that we are on the right path, we will not be complacent and will step up our efforts towards achieving our targets and objectives in 2011"

On the right path? Just days ago, the RCI in Teoh Beng Hock's Inquery has this to say about MACC

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http://www.themalaysianinsider.com/malaysia/article/macc-man-abused-power-says-rci/

Commissioner Datuk T. Selventhiranathan lambasted Malaysian Anti-Corruption Commission (MACC) investigating officer Anuar Ismail today for seizing documents from the Selangor executive councillor’s office on July 15 2009 without a written order from the Attorney-General.
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Let’s not even talk about how MACC believe a man who is about to get married tomorrow can strangle himself.


What about the annual horrendous leakages reported by the Auditors’ General Reports? Section 40 & 41 of the Malaysian Anti-Corruption Commission Bill 2008 empowers the recovery of stolen public funds but do we see the resolve of the Najib administration to execute the relevant provisions of the law passed by his very own administration?

http://wangsamajuformalaysia.blogspot.com/2010/08/corruption-dont-get-mad-get-even.html


A real transformation would be to transfer the MACC from under the thumb of the Prime Minister to Parliament, even a blind mouse can see that. Otherwise, there is every chance of MACC being used as a political tool, something that have coloured more than a few views both in and outside Malaysia.



It is my personal opinion that a government transformation programme should include the following:

1) decentralizing the excessive concentration of power at Federal Level. UMNO used to object Malayan Union for the same reason and yet the current administration under BN has effectively reduced the state governments to mere land administrators with no access of funds hence technically bankrupt.

Empowering state government can increase flexibility, enable local policy makers who know their locality well to respond faster to local needs.


2) endorsing Pakatan Rakyat’s call and reverting to the old Alliance practice of local authority elections which increase accountability at ground level, empowering the rakyat’s position as stake holders


3) making Petronas financial matter accountable to the rakyat via the parliament whereby its annual budgets and financial performance are subject to public scrutiny, rather than as an emergency funds for bail outs and heavens know what else


4) Turning the more than decades long budget deficits into surplus. Commonsense tell us that it is suicidal to spend more than you earn every year for more than 10 years consecutively. The Penang State Government has turned actual deficit into surplus and has proven that such feats are possible.


5) For subsidy restructuring, please look at excessive link in the supply chain in Malaysia. Why make it more expensive and complicated the processes getting goods and services to the rakyat? For example IPP, AP, Padiberas Nasional Berhad (Bernas)etc.


Pursuant to Corporatization Agreement of 1996, Bernas became an appointed administrator of "Paddy Price Subsidy Account" and took over the government’s task of channelling subsidy to farmers with an aim for profit.

Why can't a civil service with the greatest civil servants to population ratio in the world handle this?

http://wangsamajuformalaysia.blogspot.com/2010/10/supply-chain-of-our-rice-what-etp.html


As conclusion, inching towards your expected responsibility is within expectation. It would be irresponsible for the elected people's representative to feel that by doing their jobs and earning salaries, perks and pensions in return, warrants extraordinary gratitude and loyalty from the population. That is anti-democracy, giving the impression of neo-colonization, feudalism and beggar mentality.



p.s.

on page 156 "BIG WINs" the following are listed:
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2 million Malaysian living in the rural areas have seen their lives significantly
improved in 2010 with the provision of roads, water, electricity and houses.

783.1 km of rural roads were built and upgraded across the country
(equivalent to the length of the North-South Highway

Over 12,000 kampungs across Malaysia with enhanced road connectivity

Over 36,273 additional houses are now supplied with clean or
treated water

27,266 additional houses connected with 24-hour electricity supply

16,962 houses for rural poor built or restored
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The above reads like a reconstruction task like in Afghanistan or Iraq. It is a pain to see "playing catch up" in a resource rich country can be termed "BIG WIN".

Abdul Karim : foot in the mouth?

http://www.malaysiakini.com/news/150274

Abdul Karim: Tak adil halang Taib kumpul kekayaan

The full text of the above article is appended below. I do not know whether Abdul Karim is genuinely clueless or resorting to a desperate defense of his boss.

The opening salvo is already an admission of guilt and a desperate defense. Abdul Karim is not refuting that Taib is amassing wealth, merely saying in his personal opinion, there is nothing wrong if Taib is using his position to accumulate wealth (semasa memegang jawatan).

However, he conveniently or by design, left out any saying about whether the chief minister has or has not made his wealth by way of dictating or influencing the relevant administrative processes such as award of tender and contracts. As tax payers, we are even entitled to question whether Taib is spending our time and money to administer state matters or enriching himself during office hours.

Abdu Karim’s line of reasoning defies both logic and commonsense, let alone worthy of a person holding an important public office.

His wishy-washy statement can’t hold a candle next to the well written, well research disclosure website.

http://www.sarawakreport.org/2010/12/corruption-and-abuse-of-power-irrefutable-evidence-against-taib-exclusive/


In a democracy, people are elected into office because of integrity and ability plus a willingness to serve. Elected representatives are remunerated by tax collected and owe a fiduciary duty to tax payers and citizen to ensure the wealth of nation is properly managed for benefit of all. He or she is also subject to public scrutiny over his and her personal conduct.

Amassing a fortune while having the administrative power to decide allocation of economic opportunities, and deciding in one’s own favour, is called corruption.

An elected representative with power to rule and regulation must not put himself and herself in a position of conflict of interest. You can't be given power to approve applications while you are in the business yourself. That is basic good governance practice.

If a political secretary of a chief minister cannot get this kindergarten level idea into his thick skull then one wonders his sanity let alone fitness of office. MACC should call him in for questioning. He can well qualify as a suspect with this funny line of reasoning.

If this is not clear enough, Chen Sui Bien of Taiwan, Ferdinand Marcos of the Philippines, our very own Harun Idris were all collecting wealth beyond their official means and ended in jail.

He sounds to me like, “yes, my boss is amassing wealth while he is in office but as long as the ignorant Sarawakians keep voting him in, then the voice of the awaken would be drown by the silence of the ignorant ones.” This is a down right challenge to the citizens of Sarawak. Surely our friends in Sarawak won’t stand for this?

The manner in which YB Ting Tze Hui was ridiculously evicted from the State Assembly was a cowardly and brutal act to suppress the voice of reason and truth. She was accused of making unsubstantiated claims despite quoting a collection of numbers from the Auditor General’s report. If anything, Wong Soon Koh & friends should take the AG to task for supplying YB Ting with a lot of “unsubstantiated claims”.


http://wangsamajuformalaysia.blogspot.com/2010/07/case-of-bullying-wrong-person-in.html

I think it is time for tax payers to stop all these leakage. The true extend of the leakages will only be known when a separate group of office bearers come in and open up the old books. That would make interesting reading and potential harvest. MACC Act has given the courts a power to recover lost funds and this represent an interesting option for the tax payers to recover what have been lost previously.

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http://www.malaysiakini.com/news/150274

Abdul Karim: Tak adil halang Taib kumpul kekayaan

Keruah Usit
Dis 8, 10
4:29pm

Abdul Karim Hamzah, ketua setiausaha politik kepada Menteri Besar Sarawak, Tan Sri Abdul Taib Mahmud, memberitahu Radio Free Sarawak (RFS) bahawa adalahadilbagi membenarkan Taib mengumpul kekayaan semasa memegang jawatan.

Dalam wawancara dengan RFS, sebuah radio gelombang pendek yang di luar kawalan kerajaan negeri, Abdul Karim menolak laporan sesawang Sarawak Report bahawa keluarga Taib telah mengumpulkan kekayaan yang agak luar biasa. Beliau juga membincangkan Kertas Putih yang kontroversial berhubung 'amalan politik yang tidak sihat' seperti yang dicadangkan oleh Abdul Karim sendiri.

Secara peribadi, saya lihat mesti ada had kepada segala-galanya, awak tidak boleh ada kebebasan mutlak... kebebasan bersuara, ada batasnya. Maksud saya untuk bertindak (bagi kes fitnah) bukan sesenang yang difikirkan... ada kalanya lebih baik membiarkannya sahaja, selepas seketika, ia akan lenyap.”

Beliau juga menafikan laporan di Sarawak Report yang memaparkan kekayaan Taib dan keluarganya yang dikumpul di Eropah, Amerika Utara dan juga beberapa skim tanah yang dibolotinya di Sarawak.

“Cara saya lihat, tiada masalahlah. Apa masalah Sarawak Report? Adakah mereka memperkatakan sesuatu yang berbentuk fitnah atau berniat jahat? Saya tidak fikir menjadi kesalahan kerana menjadi kaya,” kata Abdul Karim.

Apabila ditanya bagaimana gaji Taib sebagai ketua menteri dan anak-anaknya mampu mengaut kekayaan sebegitu rupa, jawapannya: “Bagaimana anda boleh menggunakan gaji sebagai kayu pengukur? Maksud saya, setiap orang harus diberi peluang, jika Taib adalah ketua menteri, saya tidak fikir kita patut hentikan anak-anaknya daripada menjadi kaya ataupun kelurga itu dari menjadi kaya.”

Political and economic costs of Teoh Beng Hock case

It is a bit difficult for me to write with a detached mindset on this one but I have to give it a go....



The latest Revelation of a suicide note purportedly written by Teoh Beng Hock has thrown the whole inquest into disarray and causing great anger for Gorbind Singh and re-open the deepest wound of the Teoh family.

We respect and, in deserving cases, honour the dead, not to heap more disrespect on the dead and more hurt on the living.

pix from Oriental Daily

Richard Loh in his excellent write up eloquently sum up the possibility that it is a fabrication. Channel News Asia, the Singapore official news channel, reported that Gorbind Singh considered citing Abdul Ghani Patail for contempt.

All I have to add is that:

1) suicide notes are meant to be found and if a note is meant to be discovered after 2 months, and held in secrecy over a year, then the time it took for the note to surface render its authencity extremely doubtful

2) the first instance of this suicide note was revealed by Jaringan Melayu Malaysia here .

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Sunday, July 25, 2010

Siasat surat terakhir Beng Hock

syahrir.bakar@utusan.com.my

KUALA LUMPUR 24 JulaiPihak berkuasa diminta segera menyiasat kewujudan surat terakhir tulisan tangan dalam bahasa Cina oleh Teoh Beng Hock sebelum dia ditemui mati di bangunan Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) Shah Alam, tahun lalu.


Yang Dipertua Jaringan Melayu Malaysia (JMM), Azwanddin Hamzah berkata, kewujudan surat itu penting kerana ia berupaya membuktikan bahawa Beng Hock pada waktu itu menghadapi tekanan serta diugut bunuh oleh pihak tertentu dan bukannya SPRM.


‘‘Kewujudan surat tersebut perlu disiasat supaya mendiang Beng Hock dan SPRM mendapat inkues yang adil sementara peguam-peguam yang mewakili inkues tersebut tidak dipengaruhi oleh agenda jahat yang mahu memecahbelahkan perpaduan dalam negara.


‘‘Pelbagai pihak termasuk portal propembangkang, The Malaysian Insider, Malaysiakini dan Malaysia Today telah menyiarkan artikel yang menyalahkan SPRM dan kerajaan dengan mendakwa mendiang telah dibunuh oleh pihak SPRM,” katanya kepada Mingguan Malaysia di sini hari ini.


Azwanddin mengulas tentang maklumat yang diperolehi JMM berhubung kewujudan surat terakhir ditulis Beng Hock sebelum ditemui mati yang kononnya menyatakan dia pada masa itu menghadapi tekanan serta menerima ugutan bunuh.


Kewujudan surat berkenaan turut didedahkan oleh beberapa blog termasuk blog Gerakan Anti PKR.


Azwanddin turut mempersoalkan kegagalan pihak pendakwaan mengemukakan surat itu pada sesi inkues kes berkenaan

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How come this website have exclusive access into withheld evidence not even available to Teoh Beng Hock's counsel or, MACC who is clinging on to dear life defending itself?

Has JMM breached any Official Secret Act provision, contempt of legal proceedings etc?

Nazri, the de facto Law Minister seems to be silent on all this.

3) JMM has explicitly claim that one of the defense counsel, Tan Hock Chuan, has concealed the suicide note.

http://jaringanmelayumal.blogspot.com/2010/07/benarkah-peguam-sembunyikan-surat-teoh.html

"Tan Hock Chuan, peguam yang dilantik disebut telah menyembunyi 'surat berbahasa cina tulisan tangan Teoh Beng Hock yang menyatakan rasa tidak tenteram/gusar/bimbang tentang masalah yang melanda beliau. Dan di dalam surat tulisan mendiang Teoh itu, dia telah menerima ancaman dan mahu membunuh diri.’"

"JMM menyatakan kebimbangan mengenai sentimen mengapi-apikan kebencian masyarakat Cina terhadap SPRM dan orang-orang Melayu amnya. Tindakan beberapa golongan ini dilihat sangat berbahaya dan mengancam keselamatan negara."

In one stroke, JMM cited Tan Hock Chuan has withheld evidence, committed contempt of the Inquest, conspire (with who?) to threaten the peace of the country.

Ask any Malaysian Chinese whether they will attack Malays en mass over Teoh Beng Hock incident hoping for some action and you will be extremely dissappointed. There are other ways to get back than just wanton violence.

This is 2010, not 1969 and please do not insult the respect Chinese have for peace, law and order. We Chinese have to work and fend for our families, paying taxes along the way that keep Putrajaya humming and happy.

If what JMM claim is true, then Tan Hock Chuan is an ISA case.

On the other hand, Tan Hock Chuan has a case for slander against JMM if Tan Hock Chuan feels that his integrity, professionalism and reputation is unfairly tarnished by this allegation. He should defend it by filing a suit against JMM.

I ponder what has this episode cost Malaysia and Malaysians?

Millions of ringgit has been wasted on MACC officials who

1) can't co-operate with helpful witnesses but let him die in MACC office; as a result, they have to incure unnecessary office move expenses

2) tarnish the name of the country by threatening a respected Asean forensic expert by lodging a police report against her and resulting in delay in her arrival (remember, delay cause losses - time is money)

3) until today we do not know what crime Teoh Beng Hock died for - a damning indictment of the MACC's effectiveness in combating corruption; or is there a wrong doing in the first place?

4) millions of ringgit has been wasted on the inquest and MACC is diverted from doing real work that can benefit the nation, the simple concept of opportunity cost

Barry Wain has written extensively about Mahatir's dismantling of the Malaysian judiciary in his book. This legacy has led to Lingamgate, Sodomy II and this freakshow. The eyes of the world is upon us.

A functioning judiciary and justice system is critical in attracting foreign direct investment which will help Malaysia ahieve Vision 2020 or high income nation or whatever fancy equivalent term being flaunted at voters.

FDI has declined by unprecedent, alarming and blood-chilling 80% in 2009. If this is not a wake up call, I do not know what is.

The real culprits who is draining the nation dry everyday are not apprehended. No action has been taken despite damning revelation in the Auditor General's reports or even straight in your face all for you to see evidence like the collapsing stadium in Terengganu, cracking and re-cracking MRR II, etc.

Perhaps even more significant is the sentiment among Chinese voters. "You help me I help you" campaigning or is it NFA vote buying may work sometime but not all the time.

Chinese, in addition to economic well being, also value justice and fairness. Chinese also like to see matters settled in a swift, fuss-free and fair way so that things can move on.

Dragging on the road show, hurting again and again a devastated family of broken hearts, reminding and angering a group of voters with simmering anger, could prove telling in the next GE, unless with pure tactical genius, a "surprise present" can be presented to the community just before the GE.

However, given the communal nature of Malaysian politics, there is a very delicate and difficult balancing act that has to be played out.

Unless we move on to meritocracy, need-base and just basis of governance then this kind of pointless game can be rendered obsolete.





Corruption – don’t get mad, get even

When Idris Jala told Malaysians that if we continue to use the taxes we paid to defry our own living expenses in fuel, education, healthcare and what not, we will bankrupt the nation to pieces, while Khazanah dabble in foreign acquisitions like the Parkway group.


First time I hear people get bankrupt by paying taxes.

Jokes aside, it is not the rakyat that are gobbling up more than the taxes we paid.
Malaysians do not enjoy world class public amenities like well lite streets and great public transport system (bullet train, efficient buses), free tertiary education, 1st class medical service, unemployment benefits, adequate aid for the disable etc that are found in those well managed developed countries.

Reducing subsidies means the people are getting back lesser what they have paid while the gravy train goes churning on

Where did our money go? The Auditor General can tell you a story or 2, the silent and lonely PKFTZ speaks volumes echoing even among the deaf, the collapsed stadium in Terengganu may give you a hint, Tun Mahathir, Sammy V and Tun Ling might be able to share a memory or 2 (if they remember), Eric Chia, Daim Zainuddin, Ting Pek Khing, Tajuddin Ramli …. bless their soul.

All this nice sloganeering and court room drama means very little to those in desperate need. Comestic Corruption Combat echos like an empty tree stump.

RM100 or RM200 increase in cost of living may mean a lot to many who do not hold office in Putrajaya. There are those Orang Kurang Upaya in Kuala Lumpur who get RM300 a month or less from Jabatan Kebajikan, those parents who are paying more and more for their children’s formerly-free primary and secondary education expenses etc…..

Do we not have any recourse?

There is this UN Convention Against Transnational Organised Crime (UNTOC or ‘The Palermo Convention) which was opened for signature on 12 December 2000 and came into force on 29 September 2003.

Article 12 of the Convention requires a State party to adopt measures, to the greatest extent possible within its legal system, to enable confiscation of proceeds/the equivalent value of proceeds and instrumentalities of offences covered by the Convention

The Convention went on to explain as follows

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Why is it needed?

1. Post-conviction asset recovery, by a confiscation or forfeiture order, is, in reality, a prerequisite for any State that wishes to address acquisitive crime (including corruption, organised crime and trafficking) effectively. Indeed, for those States that are parties to such international instruments as UNTOC or UNCAC, having in place a conviction-based system of asset recovery is a requirement.

2. The rationale is obvious: Criminalising the conduct from which illicit proceeds or profits are made does not adequately punish or deter an offender. Even if arrested and convicted, an organised criminal or other offender will be able to enjoy the illegal gains, either personally, or through their families or associates. Without post-conviction confiscation, the perception would still remain that crime pays in such circumstances and that the criminal justice system is ineffective in removing the incentive for acquisitive crime.

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Do we have such recourse in Malaysia?

The answer is YES and NO

YES - we have a legislation on that;

NO - I have yet to see an enforcement, e.g. Zakaria Place been auctioned off and some poor desperate deserving people getting the hospital treatment/education/job placement assistance sought

According to the Malaysian Anti-Corruption Commission Bill 2008, and I believe was approved swiftly in the last days of Badawi's premiership:-

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Forfeiture of property upon prosecution for an offence

40. (1) In any prosecution for an offence under this Act, the
court shall make an order for the forfeiture of any property which
is proved to be the subject matter of the offence
or to have been
used in the commission of the offence where—

(a) the offence is proved against the accused; or
(b) the offence is not proved against the accused but the
court is satisfied

(i) that the accused is not the true and lawful owner
of such property; and
ii) that no other person is entitled to the property
as a purchaser in good faith for valuable
consideration.

(2) Where the offence is proved against the accused but the
property referred to in subsection (1) has been disposed of
, or
cannot be traced, the court shall order the accused to pay as a
penalty a sum which is equivalent to the amount of the gratification

or is, in the opinion of the court, the value of the gratification
received by the accused, and any such penalty shall be recoverable
as a fine.

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Simply put
- if you are proven guilty in court, the court rampas your ill gotten gain;

- if not proven guilty but the court is satisfied, the court also rampas (not sure if this goes against the Constitution or the natural rule of justice or even ajaran agama Islam)

- if you already sold off the ill gotten gain, you pay an equivalent sum of money.

Which such powerful and seemingly rakyat first legislation, the question left is implementation as well as the integrity of the judges who have considerable discretionary power it seems.

The Bill even move beyond instances of no prosection, reads to me like that the prosection can avoid presenting a case in court and yet apply to court within 18 months to have the assets seized, subject to certain conditions. (Again, I am not too sure about the outcome if this is allowed to carry on)

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Forfeiture of property where there is no prosecution for an offence


41. (1) Where in respect of any property seized under this Act there is no prosecution or conviction for an offence under this Act, the Public Prosecutor may, before the expiration of eighteen months from the date of the seizure, apply to a Sessions Court Judge for an order of forfeiture of that property if he is satisfied that such property had been obtained as a result of or in connection with an offence under this Act.

(2) The Judge to whom an application is made under subsection


(1) shall cause to be published a notice in the Gazette calling
upon any person
who claims to have an interest in the property
to attend before the Court on a date specified in the notice, to
show cause as to why the property should not be forfeited.

(3) Where the Judge to whom an application is made under
subsection (1) is satisfied

(a) that the property is the subject matter of or was used in
the commission of an offence under this Act; and

(b) there is no purchase in good faith for valuable consideration
in respect of the property,

he shall make an order for the forfeiture of the property.

(4) Property in respect of which no application is made under
subsection (1) shall, at the expiration of eighteen months from
the date of its seizure, be released to the person from whom it
was seized
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Can anybody remember any high profile asset recovery cases in Malaysia? I can't recall any.

I remember hearing a comment that Bruce Lee's film was popular in the 1970's because he hit back at symbols of oppression, represented in his films by arrogant caucasians or Japanese in a bygone era, effectively a release of tension for those hard pressed Hong Kongers then.

Malaysians also need to see some kicks in the nuts at this economically challenging times.

Mahu seribu daya tak mahu seribu dalih (with desire there are thousands of enery ;without desire there are thousands of excuses)

Our neighbour has taken up the challenge, no matter how hard it is, or how bad the situaion of theirs still remain, but an example has been put before Malaysians:-


http://www.assetrecovery.org/kc/resources/org.apache.wicket.Application/repo?nid=62506d95-a33e-11dc-bf1b-335d0754ba85

In the opinion of the Government of the Philippines, it faced a difficult task in recovering the assets on account of the highly intricate and secretive nature of the Marcos network of accounts. It was lucky to have the so-called Malacañang documents 2 to guide it to at least a part of the stolen Marcos assets. The Swiss Government decided in principle to block Marcos' assets. It mandated the Swiss Banking Commission (EBK) to ask the banks what Marcos assets they were holding. This led to a precise overview of Marcos funds/accounts. When the international mutual legal assistance request arrived, the relevant accounts were effectively blocked. They could then be compared with the information supplied by the EBK.
- Page 1 ... remember the office clean up in Selangor, Penang and Kedah after March 08 2008?

Just over 17 years after the Marcoses' flight from the Philippines, a part (USD 658
million) of the alleged Marcos billions was returned to the governmen
t. More than
20 years after the end of the Marcos presidency, many of the assets believed stolen
from the Philippines by the Marcos family have still not been returned to the
government. The latter is again said to be open to an out-of-court settlement to
finally lay the Marcos era to rest.

- page 16

The Cosmetic of Corruption Combat

Chinese voters are a practical lot in Malaysia.

There are Buddhist, atheist, Christians, Catholics, Muslims amongst them. Chinese are used to overthrowing emperors and establishing new dynasties over and over again hence matters pertaining to monarchy is not the top of their voting consideration ; many of them are not too bothered even about Chinese education (though most are, and probably harbours a profound, sedate but no less committed and dedicated to Chinese language and culture).

However, Chinese are very concerned about financial/economic matters, be it education, scholarship allocation, employment & business opportunities and wastage of public funds.

Hence I wonder if the recent apparent steps in combating corruption is to win over Chinese votes without compromising the traditional part of the zero sum game. A perfectly practical political manoeuvre if you ask me.

However, perhaps this paradigm shift may present MCA with a different challenge as the traditional political currency of communal representation is set aside. That can be served to a different niche market. The Chinese market is about practical issues, and rightly so.

Following the dreadful and hitherto unresolved Teoh Beng Hock's case, and the subsequent racially charged retort;

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http://engagemalaysia.wordpress.com/2009/07/19/nothing-but-the-truth-the-new-straits-times-group-managing-editor-zainul-ariffin-isa-the-sugar-daddy-ofumno-controlled-newspapers-is-positioning-his-ass-for-fire-sale-all-malaysian-are-wellcome-to-mak/

(The Malaysian Insider) – Umno-controlled newspapers, Berita Harian and Mingguan Malaysia, today slammed critics for demonising the country’s graft-busters over Teoh Beng Hock’s death, with one suggesting there is an agenda to weaken Malay-controlled institutions.

..................

But Berita Harian suggested the agenda was to weaken Malay-controlled institutions in the article, “Kematian Teoh timbulkan pelbagai spekulasi politik”, written by the New Straits Times group managing editor Zainul Ariffin Isa.

“Suspicions have been raised especially among the non-Malays that MACC, which like other departments have many Malay officers, selectively chose non-Malays to be investigated,” he wrote.
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Maybe Zainul has a point, after all, in the PKFTZ case, Ling Liong Sik, Chan Kong Choy and OC Phang are being hauled up while in the missing jet engine case, Tharmendran is so far the only fellow to be tried for that.

I don't give a shit to the racial profile, corruption is corruption, it is a sin according to all religion and it impacts adversely on the innocents. Public funds is meant to be used for the benefit of all community.


the following 2 development gives me the impression that for the first time, even corruption can be racialised in Malaysia.

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http://www.mysinchew.com/node/34983

MACC to meet FeCAM

KUALA LUMPUR: The Malaysian Anti-Corruption Commission (MACC) is going to visit the Federation of Chinese Associations Malaysia (FeCAM) as it hopes to listen to the Chinese community's views on the commission through communications, says MACC Chief Commissioner Datuk Abu Kassim Mohammed

....................

Meanwhile, Pheng said that as Abu Kassim has took the initiative to ask for a meeting, it showed that Abu Kassim is sincere in his attempt to make the Chinese community and entrepreneurs understand the practices of MACC.

--------------------------------------------------------------------------------------------

Excuse me, what does the Chinese community and entrepreneurs not understand about "the practices of MACC"? Does this mean there are more than a straight forward practice of detecting corruption, investigate and indict to preserve natural justice, prevent wastage hence raising cost of living?


And what about this then? While the controlled media spoke passionately of MACC as a Malay Institution earlier, I do not hear a whimper from the same individual over this
------------------------------------------------------------------------------------------------

http://www.thesundaily.com/article.cfm?id=46538

400 Chinese apply for MACC vacancies
by Giam Say Khoon

Applicants submit their forms to a MACC staff members at theKuala Lumpur and Selangior Chinese Assembly Hall.

KUALA LUMPUR (May 9, 2010): The recruitment day organised by the Malaysian Anti-Corruption Commission (MACC) and Federation of Chinese Associations Malaysia (Huazhong) met with overwhelming response today, with some 400 people applying for the 40 vacancies reserved for Chinese-speaking officers in the commission.

--------------------------------------------------------------------------------------------

We all know that the race composition in Malaysian civil service been getting more and more mono racial-centric. If there is a need to enrich and strengthen the cultural and language resource within the civil service, then why not conduct similar recruitment drive for other civil services like income revenue board, customs and what not?

So is the recent span of high profile corruption cases represents the dawn of a new era in Malaysia, can we Malaysians bid farewell to the bad old days of the inconclusive Kasitah, Eric Chia and Lingam cases?

1) ACTION TAKEN:

http://www.malaysia-today.net/mtcolumns/newscommentaries/33625-sime-darby-gm-to-be-charged-with-graft

Sime Darby GM to be Charged with graft

PETALING JAYA: A general manager at Sime Darby Bhd is expected to be charged today with graft totalling RM300,000 following a Malaysian Anti-Corruption Commission (MACC) probe.


The senior executive, who is in his late 30s, is expected to face two charges, including allegedly accepting RM100,000 from a contractor in Johor awarded with a contract related to the shipping industry.

According to its third quarter results announced on May 27, Sime Darby recorded an operating loss of RM1.019bil for its energy and utilities division.

The behaviour and action of the rank and file is shaped by the people at the top. RM300,000 is about 0.03% of RM1.019 billion so at least MACC is starting off with 0.03% of the problem during a 3 months period.

2) I DON'T THINK THERE WILL BE ANY FURTHER ACTION ON THIS ONE

http://malaysia-today.net/mtcolumns/guest-columnists/33640-zaids-petition-malaysias-judicial-rot-deepens

Would any common man, after reading this, have the slightest doubt that bribery to induce votes have indeed taken place? Wasn’t it crystal clear that the offer of RM3 million was a trade-off for the electorate’s votes for Kamalanathan? Wasn’t the cash offers to Felda settlers an outright inducement for their votes for BN? Don’t our judges have the same kind of common sense that our common folks have?

Let just wait and observe the development up to the next GE then

Opening up MACC for Chinese applicants....

MACC’s recent invitation for Chinese to apply for 40 vacancies in the agency initially sounds cool to me. 400 applicants vying for 40 positions. Definitely it is the right step in strengthening the resource available within its stable; removing the long held impression that civil service is mono-ethnic dominated as well as the notion that Malaysian Chinese shun a career in public service.


It is definitely a right step in the right direction. For the bright brain who once remarked that MACC is a Malay institution following the uproar associated with Teoh Beng Hock’s shocking and hitherto unresolved episode, you can take that remark and stuff it back to what appears to be a hole in your face.


http://www.themalaysianinsider.com.my/index.php/malaysia/33235-race-card-played-over-teohs-death-shows-umnos-desperation

Race card played over Teoh’s death shows Umno’s desperation
By Syed Jaymal Zahiid


KUALA LUMPUR, July 24 — Umno is not above playing the racial card when it comes to getting what it wants. Take the case of Teoh Beng Hock and the article written by New Straits Times Group managing editor Zainul Ariffin in the Berita Harian.

Zainul likened the criticism levelled at the Malaysian Anti-Corruption Commission (MACC) as an attempt by certain quarters to weaken a Malay institution. It's no mystery or secret who these "certain quarters" he was referring to are and the question many opposition leaders and the public have been asking is this: since when did the MACC become a Malay institution


Footnote: I don't think he was suspended or sacked whereas the China Press Editor got into a huge pot of hot soup over some misreporting of Musa Hassan's resignation.


What, I wonder, was the reason for this turn of events? The timing of the announcement was interesting – in the midst of campaigning for predominantly Chinese votes constituency of Sibu by-election. I think this is a logical and intelligent tactical move.


Also, I remember vaguely someone shot off a remark following the Teoh Beng Hock uproar whereby so and so mentioned that MACC is suffering from an “image problem” whereupon I suppose what he meant was it did not look nice when a group of Malay MACC officers went after the Chinese Ex-Cos in the Selangor State Government. It might be easier on the eye if only Chinese MACC officers went after Chinese Ex-COs.



Rubbish, corruption is corruption and I don’t care about the race of the enforcers, suspects and wrong doers. As long as criminals are caught and the welfare of the nation is safeguarded, whether one is yellow, brown, black, polka dot do not matter.


I suppose this is a follow up on Najib’s pledge to his plea to the Chinese community to “give us a chance” as well as the resultant MACC’s “reaching out to the Chinese” drive.


Well, at least some effort is being put into clearing up the mess left by decades of race-base politics. I suppose a racist approach had to be taken but I hate to put it this way: MACC : Make Available Chinese Concession?



Understandably, while this piece of news made headlines in all Chinese press, Utusan Malaysia and Berita Harian have chosen other topics as their front page news. Ibrahim Ali, Perkasa and their friends protest as much about this as they protested about celibacy perhaps – ziltch. And did we hear anything from Hindraf?


Maybe this is also a round about way by MACC is trying to say "sorry about Teoh Beng Hock."

EXCUSE ME, HOW MUCH MONEY MR TEOH BENG HOCK DIED FOR?
WHAT IS MACC'S CASE AGAINST TEOH BENG HOCK AFTER MONTHS OF DELAY?

please account to the public how much corruption was committed, please


The damage is already done. Months of denial, their own officers hampering the inquest process including lodging police report against respected foreign forensic experts who offered her assistance have left an indelible mark on my mind.


Najib administration also know it is crucial to have non-Malay votes hence there will be no more “Keris Waving” nonsense and a more sophisticated publicity campaign is crucial in getting non-Malay votes. So what is the driving force behind the recruitment cum public relationship stunt I wonder?

If the recruitment is meant to improve the service level of MACC then it is a fundamental statement about the quality of human resource available. Remember Mr Wong Chuan How, Ronnie Liu's PA? He gathered the documents and walked out of his office with MACC officers when another group pounced on and injured him. Few months later, someone connected to the court hearing told me the court did not fund a creditable case at all.



I wish to see change of substance taken place within MACC and real results; not cosmetic, superficial, feel good thingy ala “Work With Me And Not For Me”, ”Cekap, Bersih dan Amanah”, “Wawasan 2020” which have proven to fall well short of the grand promises made.


Call me old fashioned, I want to see big fishes in the slammer, stolen wealth returned to the national coffers and huge cases being accounted for to the public. The billions in PKFTZ, the tin market manipulation in the 1980’s that caused the collapse of our tin mining industry hence wealth and a proud history of our country, MATRADE, MAIKA, the huge losses highlighted in the annual Auditor General’ reports, the amount of sunken commission paid to a private company that has no experience and no business in buying submarines and having access into national defense matters….while the rakyat have to bear with inadequate public amenities all over Malaysia, like Queen Elizabeth Hospital in Sabah (a corpman in a fox hole in Iwo Jima can care better for a patient than this lot).

I like to see a graft fighting body that is accountable to the Parliament and rakyat and not to the Prime Minister. I like to see an anti-corruption agency that is not a political tool which was very efficient in arresting 2 state lawmakers and then somehow perform ever so miserably in court at persecuting them – waste of public funds again.

I also wish to thank those Malaysian voters who on 8 March forced a change in the BN’s think tank and also Pakatan Rakyat for their emergence as an alternative worth serious consideration. I wish to express my gratitude in sorrow solemn prayer to Mr. Teoh Beng Hock, whose death turned the tide in more ways than one, and in a far fetch way, created this 40 job opportunities for needy Malaysians that may signify greater things to come.

Dear Mrs Teoh, Happy Mother's Day.

Lastly, I wish the applicants all the best and for those who got the 2 year provision contracts, selamat bertugas whether you are in the investigation, legal and persecution, human resource and administration, public education, intelligence etc divisions.