Phang: Unusual precedent being set over RM40mil affair

Prime Minister Najib Abdul Razak and his government are setting an unusual precedent if there were no transparency over the RM40 million channeled to Sabah Umno, says former Malaysian Anti-Corruption Commission (MACC) adviser Robert Phang, adding that such a pitfall, if not stopped, will be perceived as the PM condoning such an act.

“It would mean that if the person is caught (channeling) the funds it would be deemed a political contribution, and if he is not caught then it would be considered as ‘sendirian berhad’ (your own),” he mocked.

“This would put a damper on the government’s fight against corruption and bring the Government Transformation Programme to naught if this is not done transparently. It would set a bad precedent and would be dangerous for BN to allow this.”

During the International Association of Anti-Corruption Authorities (IAACA) conference, the issue of political contributions was raised and the panel agreed that if it was not done in a transparent manner, it can be considered as corruption.

Yesterday, former Umno supreme council member and present Independent MP Lajim Ukin said he never knew Sabah Umno had so much money.

‘Nobody gives free political donations’

PETALING JAYA: The government has been urged to draft a new law to address the issue of political donations, which according to former MACC advisory panelist Robert Phang, is tantamount to bribery.

“Nobody would give you free things or free money. And in Malaysia it must be in exchange for certain favours. Either they expect you to give them something or it has already been granted,” he said.

He said that the law must include sections that requires those who intend to give such donations to declare their objectives. The donor, he added, must also have “no interests whatsoever” in dealing with the government.

Phang said that the government’s reply on the issue so far has been shocking, and is akin to giving all political parties a “license to collect”.

“If this area is not carefully and seriously addressed, it will condone very bad practices to have political parties just simply collect [money] from anyone. The gates are left wide open and sets a dangerous precedent,” he warned.

Phang said that during the 6th International Association Of Anti-Corruption Authorities (IAAC) conference recently, he posed this question about political donations in a workshop chaired by IAAC general counsellor Bulelani Ngcuka and attended by eight international rapporteurs.

DAP: MACC hasn't ruled out RM40mil was smuggled

Flying in the face of Prime Minister Najib Abdul Razak's denial that the RM40 million donation to Sabah Umno was not smuggled money, the Malaysian Anti Corruption Commission (MACC) , DAP supremo Lim Kit Siang pointed out ,as yet to verify this.

Lim (left) said thus far, the MACC has not addressed the question of whether the money was laundered or not.

He added the only explanation in parliament was that Sabah Chief Minister Musa Aman had been cleared of corruption as the RM40 million was a contribution to Sabah Umno and not to the former

"Nothing has been explained in parliament as to whether the RM40 million cash in Singapore currency which Sabah timber trader Michael Chia had in his luggage before boarding a flight to Kuala Lumpur at the Hong Kong International airport on August 14, 2008 and was arrested for currency trafficking and laundering was 'smuggled or laundered money'," he said in a statement today.

Lim questioned how either the premier or de facto law minister Nazri Abdul Aziz, who is in charge of responding to this matter, could possible know if the money was or was not laundered.

"There are two separate questions here: firstly, whether the RM40 million cash was a transaction in an offence of corruption, whether involving Musa or Umno Sabah.

"And secondly, whether the RM40 million cash was dirty money derived from corruption or illegal activities which had to be smuggled or laundered into the country," he said.

As such, Lim said the MACC should come clean on the circumstances of the multi-million ringgit political contribution.

"Did MACC also clear Michael Chia's RM40 million cash in Singapore currency as clean money and not dirty or laundered money and If so, MACC should explain how it arrived at this finding..." he said.

Source: http://www.malaysiakini.com/news/212240

Police still investigating book on the attorney-general

The police are still investigating the book written about attorney-general Abdul Gani Patail titled Tan Sri Gani Patail: Pemalsu, Penipu, Penjenayah (Tan Sri Abdul Gani Patail: Fraud, Liar, Criminal).

Minister in the Prime Minister's Department Nazri Abdul Aziz said this in a written reply in Parliament to Ipoh Timor MP Lim Kit Siang,

Lim had also asked about the status of the graft investigations against Sarawak Chief Minister Abdul Taib Mahmud and Sabah Chief Minister Musa Aman being carried out by the Malaysian Anti Corruption Commission.

Prior to this, Cheras MP Tan Kok Wai, who is also DAP disciplinary committee chairperson, had also asked the speaker about the status of the investigations on Gani.

However Tan's question was turned down under Standing Order 23(1)( c) 'as it contains argument, interference, opinion, imputation, epithet or misleading, ironical or offensive expression, frivolous or seeking answers on trivial matters'.

It was reported that former MACC advisory panel member Robert Phang had in August lodged a police report about the book, which was written and published by lawyer Zainal Abidin Ahmad.

PM has to explain actions taken

Lim said he had specifically called on the prime minister to give Parliament and the country an explanation on actions taken against the Gani, Taib and Musa.

He said Nazri's reply on Taib was also similar: that the allegations of corruption against the Sarawak chief minister were still under investigation as it required evidence that would be beyond reasonable doubt.

"The investigations into the case are on the basis of the offence and require statements from witnesses, documents and other evidence," Lim said in a statement today.

He said he had questioned the government's efforts in fighting corruption as this was one of the six National Key Result Areas (NKRA) of Prime Minister Najib Abdul Razak's Government Transformation Programme (GTP).

The level of corruption in the country, Lim pointed out, had gone from bad to worse over the past three years, as reported by Transparency International in its latest annual Corruption Perception Index.

Source: http://www.malaysiakini.com/news/211988

'Political contributions graft if there's no transparency'

Are political donations done discreetly and not in a transparent manner a form of corruption?

Or could the controversial RM40 million allegedly channel from Hong Kong to Sabah Umno be a form of money-laundering?

One of the lingering questions that emerged at the International Association of Anti-Corruption Authorities (IAACA) conference that ended last week, and iremains a bone of contention, is whether political contributions can be considered a form of corruption.

This question was posed to the panel during the ICACC by a member of the floor during the conference, way before the same matter was answered by Minister in the Prime Minister’s Department and de facto law minister Nazri Abdul Aziz in Parliament.

The question whether the Malaysian arrested in Hong Kong for having a RM40 million, which was allegedly to be channelled to a Sabah political party, was considered as a form of corruption was posed to MACC deputy head of prosecution Anthony Kevin Morais and Hong Kong director of prosecution Kevin Zervos. The moderator for the panel was former Federal Court judge Abdul Kadir Sulaiman.

Experts: MACC's procedures flawed, not the law

Legal experts have disagreed with the Malaysian Anti-Corruption Commission's (MACC) assessment that some laws should be amended before it can be more effective in nabbing top corrupt politicians.

On Wednesday, Kubang Kerian MP Salahuddin Ayub, a member of the parliamentary select committee (PSC) on corruption, revealed that the MACC had argued it was hampered by "archaic provisions" in existing laws.

Salahuddin (left) had cited a case raised by the MACC to the PSC in which a wealthy state leader could not be prosecuted because of flaws in the law, despite six investigation papers being opened on the said individual.

Among others, Salahuddin said that the MACC had told the PSC that it wanted section 23 and 50 (see below) of the Malaysia Anti-Corruption Commission Act 2009 amended.

Senior lawyer Baljit Singh Sidhu, who also teaches law, disagreed with the need for amendments in the two sections.

"In fact, section 23 is taken from, and similar to, the Hong Kong law. Hence, I do not understand why the MACC is claiming the law is archaic, whereas it had only been recently legislated (three years ago).

"Furthermore, you have the Prevention of Corruption Act 1997 provisions under the Penal Code and the Emergency Order. What other legislation does the MACC need?" he told Malaysiakini.

Graft confab a sandiwara, says Robert Phang

KUALA LUMPUR: A former MACC adviser has poured scorn on the international anti-corruption conference that begins here tomorrow, calling it a waste of time and an occasion for the Malaysian government to pretend that that it is serious about fighting graft.

Robert Phang, who resigned from the MACC advisory panel last year, said today that the sixth conference of the International Association of Anti-Corruption Authorities would be worthwhile only if the Malaysian delegation were to use it as an opportunity to address long-standing allegations against Attorney-General Abdul Gani Patail.

The conference “looks good on the macro scale”, he told FMT. “But when it comes down to the real deal, the micro, it doesn’t address anything. It will put on a good show, pretending that the MACC and government mean business in combating corruption.

“The message from Malaysia has to be clear. Under current practices, the AG’s powers seem absolute. There are corruption allegations against him, but how can MACC act properly when prosecution powers lie solely with the AG’s Chambers?”

MCPF MELAWAT POLIS MANGSA TEMBAK

PETALING JAYA, 29 Sept -- Naib Pengerusi Yayasan Pencegahan Jenayah Malaysia (MCPF), Tan Sri Lee Lam Thye (tiga kiri) bertanya khabar kepada Koperal R. Subramaniam, 51, mangsa kes tembak sekumpulan penjenayah ketika mengadakan lawatan di Pusat Perubatan Universiti Malaya (PPUM) di sini hari ini.

Mangsa merupakan anggota polis unit peronda (MPV) dari Ibu Pejabat Polis Daerah Brickfields yang cedera di bahagian perut dan rakan setugasnya Koperal Nor Azlan Abu Bakar, 41, cedera di leher dalam kejadian kira-kira 6.45 petang pada 27 September lepas, dua anggota berkenaan ditembak ketika cuba melakukan pemeriksaan ke atas sebuah kereta yang dinaiki empat lelaki di persimpangan lampu isyarat di kawasan Lebuhraya Kuala Lumpur-Putrajaya berdekatan Kuchai Lama di sini.

Turut hadir isteri mangsa, P. Jiverege, 45, (dua, kanan), Ahli Exco MPCF, Tan Sri Robert Phang Miow Sin (dua kiri) dan Datuk Wong Pui Lam (kiri).


Source : Bernama