MACC urged to investigate new KL Tower concession

Hulu Langat Bersatu information chief Shafiq Halim and several NGOs have urged the MACC to investigate the concession related to the company now overseeing the KL Tower.

During a press conference this afternoon outside the national icon, they held up pictures of LSH Service Master Sdn Bhd (LSHSM) non-executive chairperson Lim Ken Cheng with key government leaders.

Shafiq claimed that the photos were taken before the deal was signed for LSHSM to take over KL Tower.

“We want to ask MACC to investigate the award (of this concession), and we also ask for the minister (in charge) to reveal the five other companies that entered the bid for KL Tower,” he said.

The photos depicted Lim with Prime Minister Anwar Ibrahim, Communications Minister Fahmi Fadzil, Minister in the Prime Minister’s Department (Federal Territories) Dr Zaliha Mustafa, Transport Minister Anthony Loke, as well as DAP veterans Lim Kit Siang and Lim Guan Eng.

The NGOs present today include Negarawati Tanahair, Secretariat for the Empowerment of Bumiputera Strategic Ownership (Sepatra), Sekretariat Gabungan NGO Ikhlas Malaysia, Himpunan Aman Satu Juta Rakyat Malaysia, and the Muslim Consumers’ Association of Malaysia.

Meanwhile, Abdul Hamid Shaikh Abdul Razak Shaikh, the managing director of Hydroshoppe Sdn Bhd - the previous KL Tower operator - told Malaysiakini that his company had nothing to do with the press conference and does not condone it.

Hydroshoppe and its subsidiary, Menara Kuala Lumpur Sdn Bhd (MKLSB), are suing the government for RM1 billion over the alleged wrongful termination of their concession.

‘What’s the link to PKR polls?’

Speaking further on the matter, Shafiq asked why the concession award coincided with PKR’s party polls.

“The concession was signed during the PKR election. So we want to know, why was this done so close to the election? Were there sources of funding and so on?

“So the MACC must investigate and ensure that (if) anyone has committed corruption, they must take the appropriate action,” he said.

He stressed that it was not a matter of race but of integrity.

Pejuang lawyer Rafique Rashid Ali, who was also present, said the new concession deal contradicts Pakatan Harapan’s reform promises before it became part of the government.

“But finally, we have come to the point where we see that those with corporate connections have found their place.

“(This is) despite the government saying before that they will ensure the people are taken care of... but there is still political patronage like this happening in this country,” he added.

‘Wrongful contract termination’

Hydroshoppe and MKLSB are claiming damages from Putrajaya over the alleged wrongful termination of their agreement in November 2022, which included an extension of the company’s concession from 15 years to 30 years.

This followed the government’s decision in May last year to award the tower management concession to LSHSM, a joint-venture vehicle between LSH Best Builders Sdn Bhd and Service Master (M) Sdn Bhd.

MKLSB, previously fully owned by Telekom Malaysia Berhad (TM), had designed and constructed the KL Tower, which was opened to the public in 1996.

It had been the sole operator of KL Tower since under concession contracts from the government, which were renewed every 15 years.

 

Source :  https://www.malaysiakini.com/news/742193

Robert Phang: Onus on Spanco shareholders to lay to rest alleged fleet management scandal

THERE are many unanswered questions regarding how the government had awarded a contract to Spanco Sdn Bhd which prides itself as the provider of professional fleet management services to the federal government, ministries and agencies nationwide with a fleet size of over 13,000 units of concession vehicles.

As such, it imperative for the unity government to find out how the tender for the government vehicle supply, repair and maintenance project (fleet Project) was awarded to Spanco, according to prominent social activist, crime fighter and philanthropist Tan Sri Robert Phang Miow Sin (main pic, inset).

The former Malaysian Anti-Corruption Commission (MACC) advisory member said the main priority should be for those responsible in awarding the contract to explain to the public what was their rational in extending the contract to Spanco.

“The public has the right to know and the issue cannot be swept under the carpet. It is the taxpayers’ money that is being used,” he told FocusM.

“Those responsible cannot simply shrug their shoulders and ignore their responsibility. No matter who was in-charge of awarding the contract to Spanco he must stand up and take responsibility.”

Pointing out that Spanco had been managing the government fleet project for 25 years, the 84-year-old Phang further questioned as to why only Spanco was given the project.

On Jan 20, MACC conducted a raid at the residence of a businessman holding the title Tan Sri as part of an investigation into corruption allegations related to the procurement and management of the government’s fleet of vehicles valued at RM4.5 bil.

The concession for the supply and management of government vehicles has been held by Spanco since 1993. However, an open tender was initiated after the contract expired in 2019.

Berjaya Group and Naza Sdn Bhd later formed a consortium and secured the contract through a letter of intent (LOI) in the same year.

In July last year however, Berjaya Group founder Tan Sri Vincent Tan Chee Yioun filed a lawsuit against the Finance Ministry and Spanco regarding the terminated LOI, claiming that the contract was awarded to Spanco despite their higher bid.

Prime Minister Datuk Seri Anwar Ibrahim had recently recalled that he had consistently voiced concerns about this issue during his tenure as finance minister under the administration of Tun Dr Mahathir Mohamad.

He said he had recognised irregularities in that contract which proved detrimental to the country and disadvantaged civil servants.

Phang who is also Malaysian Crime Prevention Foundation exco member went on to question as to why during the administration of Tan Sri Muhyiddin Yassin the LOI was cancelled and Spanco was awarded the fleet management contract.

As such, he argued that it is also imperative for Spanco shareholders to explain to the public how they manage to secure the contract after they had initially failed to get it.

“Spanco shareholders have to realise that remaining silent about the matter is not an option given the money they are being paid for the government fleet management is public money,” added the chairman of NGO Social Care Foundation. – Feb 20, 2024

Source :  https://focusmalaysia.my/robert-phang-onus-on-spanco-shareholders-to-lay-to-rest-alleged-fleet-management-scandal/

Soft stance not ideal to fight graft: Ex-MACC panel member

PETALING JAYA: The move by the Malaysian Anti-Corruption Commission (MACC) to reduce charges or issue compound notices does not bode well for the fight against graft.

Former MACC advisory board panel member Tan Sri Robert Phang yesterday called for the full brunt of the law to be brought down on those caught for wrongdoing.

He said reducing the charges or issuing compounds will only encourage others to ignore the law.

“They know that if they are caught, they can plead with MACC to either compound them or have their charges reduced. How do you (expect) the public to place their trust in such an institution?”

Phang cited the example of former Sabah Water Department deputy director Teo Chee Keong, who was given a discharge not amounting to an acquittal and had to pay an RM30 million compound.

Teo, 58, was facing 146 money laundering charges, involving land titles, cash and bank accounts, amounting to RM32.93 million.

Phang said that Teo only paid a compound of RM30 million.

“To top this off, when there is wrongdoing by a MACC officer, it is the commission that conducts the investigation.”

Phang questioned how there could be impartiality when MACC conducts its own investigations.

He said an independent body, and not MACC itself, is needed to investigate its officers involved in wrongdoings.

He cited MACC senior officer Shahrum Nizam Baharuddin, 41, who reportedly went on a RM2.71 million spending spree.

Shahrum was accused of misappropriating US$6.94 million seized by the commission at the MACC special action branch chief’s room.

Phang said Shahrum was charged under Section 409 of the Penal Code, which is punishable with a jail term of up to 20 years, whipping and a fine.

He said the prosecution offered an alternative charge under Section 403 of the Penal Code, which provides for imprisonment of not less than six months and not more than five years, with whipping and a fine.

He questioned how such actions were allowed.

“The issue of counterfeit money involving MACC officers has still not been properly explained, although only Shahrum had been charged and sentenced.

“How did the officer get hold of the counterfeit money? Who else was involved? Have those involved in printing the counterfeit money been arrested and charged?”

Phang said whether it is an old or new issue, MACC must provide an explanation to the public.

Source :https://ipaper.thesundaily.my/epaper/viewer.aspx?publication=The%20Sun%20Daily&date=03_03_2022#page/4

‘Fight corruption not whistleblowers'

 Going after those who try to expose wrongdoings will dampen public confidence in MACC, says social activist

PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) should fight corruption instead of going after those who expose wrongdoings, says social activist Tan Sri Robert Phang.

Phang said going after whistleblowers may discourage the public from exposing wrongdoings.

“This will only lead down one path: more corruption. Suing someone who has exposed some wrongdoing is not the right way to go about it.

“MACC chief commissioner Tan Sri Azam Baki should not have filed a defamation suit against anti-graft activist Lalitha Kunaratnam.

“Instead he should have come out immediately to explain what had occurred,” Phang told theSun.

He wondered how the public could place their faith in the anti-graft body when its head failed to satisfactorily explain the share transaction (issue) but filed a legal suit instead.

Phang said we need to have our faith in MACC restored and the only way to do so is for Azam to go on garden leave while an independent body conducts an investigation into the issue.

He said we also need to go further by placing MACC under the purview of Parliament to allow proper scrutiny of its actions.

Phang, who was a former adviser to the MACC corruption prevention panel, said the fight against corruption is an on-going effort and we cannot have people in charge of MACC suing whistleblowers.

He pointed out that the Whistleblower Protection Act 2010 gives protection to those who expose wrongdoings. “What is the use of the Act if the MACC head can file a defamation suit against a whistleblower?” he asked.

He also questioned the need for senior MACC officers – deputy chief commissioner Datuk Seri Ahmad Khusairi Yahaya, deputy chief commissioner (Prevention) Datuk Norazlan Mohd Razali and deputy chief commissioner (management and professionalism) Datuk Junipah Wandi – to express their support for Azam.

He said instead of going out to fight graft, these officers seem to have a lot of time on hand to do other things.

“We desperately need a change of mindset in the government; action must be taken against officers such as (asking them to) go on garden leave until it can be proven they are innocent.

“If the government continues to turn a blind eye, the public will lose confidence not only in the government but also MACC,” he said.

Azam, who is mired in a proxy stock trading issue, had explained that his share trading account had been used by his younger brother Nasir Baki to purchase shares in 2015.

The explanation was made after it was reported that Azam had significant shareholdings in several companies.

He denied any wrongdoing and said the stocks purchased had subsequently been transferred to Nasir’s account.

Source: https://ipaper.thesundaily.my/epaper/viewer.aspx?publication=The%20Sun%20Daily#page/2

China Press - 11-02-2022

 

Tamil Daily - Makkal Osai (11-02-2022)

 

IS AZAM PROVIDING THE RIGHT LEADERSHIP FOR MACC?

10^th February 2022.
 
PRESS STATEMENT BY:-
TAN SRI DATUK ROBERT PHANG MIOW SIN.
JUSTICE OF THE PEACE.
CHAIRMAN – SOCIAL CARE FOUNDATION (Co. Reg. 199701007685 (423181-X).

 

IS AZAM PROVIDING THE RIGHT LEADERSHIP FOR MACC?

The Malaysian Anti-Corruption Commission is our main instrument in the fight against corruption and bad governance.  For MACC to succeed in its mission it must have the support of the people. It cannot achieve its full potential if it loses public confidence in the man who leads that institution. Leadership with integrity is key to institutional credibility. Quite clearly The Chief Commissioner has lost his credibility in the eyes of the people at large.

What is the Government’s position on this? The argument that he has broken no law over his ownership of company shares and in allowing his “adik” to use his shares account is plausible, on the face of it.  What about the question of his personal and professional judgment?

A person in his high profile and sensitive position should have the sense to exercise great care to avoid creating the wrong perception about his actions. The public perception is that he was using his brother as a convenient cover for his own corrupt activities.

There might have been no basis at all in fact. The negative perception that he has created has done great damage not only to his personal reputation but also, even more, serious the very shaky and fragile reputation of MACC itself. Given that no man is bigger than the institution, the Chief Commissioner must accept responsibility for bringing MACC into disrepute by his flawed personal and professional judgment.

In this respect, something must give. The Chief Commissioner must go so that MACC may regain its lost public confidence and support.  Malaysia has to win the war against rampant corruption.

We must therefore not forget that the Golden Rule by Our Almighty God that no one is mightier than our Divine God – we must be treated fairly, squarely plus performing our duties/obligations with dignity and integrity, WITHOUT FEAR OR FAVOR.  Therefore Azam Baki must enhance and explain to the Nation.  I repeat, NO ONE IS INDISPENSABLE and be always guided and governed by our Almighty God. 

GOD BLESS OUR NATION.  STAY HOME AND STAY SAFE.

“HUMBLENESS IS A GOOD VIRTUE, ARROGANCE SHALL FALL AND THE MEEK WILL RULE THE WORLD”.

Tan Sri Datuk Robert Phang Miow Sin.
Justice of the Peace.        

 

Fresh calls to probe Azam after corruption ranking drops below 2012 level

Reproduce for your General Information. Please read with an open heart and grace. 

PKR MPs have renewed calls for the government to act on MACC chief Azam Baki, who is currently embroiled in a “crisis of morale and integrity”.

This is after Malaysia’s ranking in the Corruption Perception Index (CPI) dropped to the worst level since 2012.

In a statement, Petaling Jaya MP Maria Chin Abdullah said the drop reflected on the government’s lack of political will to tackle corruption, citing the Azam case as an example.

“The government under Prime Minister Ismail Sabri Yaakob should act fast to correct the perception that has befallen Malaysia for fear of severe repercussions in the future,” she added.

Azam came under the spotlight over his ownership of close to two million shares in a public-listed company between 2015 and 2016.

The share ownership had raised questions on whether it was commensurate with his income as a public servant and conflict of interest concerns.

Azam has denied wrongdoing.

The 2021 CPI published on Thursday shows that the country’s score has fallen for the second time in a row, dropping three points from last year’s report which resulted in a score of 48 out of 100.

The score deterioration is reflected in Malaysia’s ranking, which dropped to the 62nd spot from 54 in 2012.

Following the release of the report, the MACC has vowed to review the findings and come up with recommendations.

However, Johor Bahru MP Akmal Nasir said the solution for the graft buster and the government was to conduct a transparent probe on Azam.

“I believe this is the first step that should be taken by the government and MACC to clear the name of the institution as well as the good name of Malaysia on an international level,” the PKR Youth chief said in a separate statement.

The PKR MPs also repeated calls to place the MACC under Parliament and be independent to avoid any interference.

Meanwhile, the Arrest Azam Baki Action Committee questioned the purpose of investigating protest organisers instead of probing Azam.

“Almost 50 activists have been and will be called in by the police for investigation.

“The authorities are trying to scare the rakyat by announcing that they have identified 94 activists and 12 civilians who attended (last Saturday’s) peaceful assembly.

“The committee views these investigations as a form of intimidation, excessiveness and waste of police resources.

“The person who should be investigated is Azam and his scandalous shareholder ‘brother’,” said the group in a statement today.

The group claimed that public trust in the country’s governance was further ruined after the revelation of Malaysia’s rank in the CPI.

They stressed that Azam needed to be reprimanded for investigations to commence.

“As long as he remains on that golden throne, the rakyat is unable to believe in the MACC to prevent bribery and corruption that is widespread in the country,” they said. 

Source: https://www.malaysiakini.com/news/608616

呼吁政府大刀阔斧改革反贪会别畏首畏尾

新闻稿-供及时发布

Header:
社会爱心基金会主席丹斯里拿督彭茂燊太平局绅
呼吁政府大刀阔斧改革反贪会别畏首畏尾

Body copy:
最近闹得沸沸扬扬的反贪会主席持股事件，反映了反贪会急需改革，以重塑反贪会的公信力，也帮助国家树立反贪威信。

首相乃至整个内阁在此事件上表现得畏首畏尾，难免令人觉得有官官相护之嫌，甚至有人发出疑问，难道这些政府大员都有把柄被人抓住吗？

首相对于涉及反贪会的案件，虽然不能插手，但他应该公正、严明处理，以赢回大众，特别是外资的信心。

我发觉，在这个事件上，所以有的部长都似乎有意和这事件保持距离，即不吭声，抱着明哲保身的态度，让人不禁怀疑，他们是不是都有把柄被人家握在手里？

此外，反贪会主席阿占巴基公然违抗国会遴选委员会的传召，不但失去一个证明清白的好机会，也显露他目中无人，有持无恐，那么，到底是什么造成今日的他？

我建议首相和内阁，应该向元首建言，要求把阿占巴基停职接受调查，给人民一个交代，如果没有一个很好解释，政府倒台的历史将会重复。

阿占巴基应该清楚，他只不过是一个公务员，而不是一位政客，不要把自己的辩护行动搞得好像是在搞政治造势行活动。身为公务人员，他们有一套公务员必须遵守的SOP，他应该接受公开和独立的调查，所谓真金不怕火炼，清者自清。

近年来，我国的外来投资少之又少，部分原因难道不是贪污问题造成的吗？所以，我国必须大刀阔斧的改革反贪这一块，以及为国内的政治风气拨乱反正，以赢得海外投资者的信心。

我希望，政府和反贪会主席不要再侮辱平民百姓的智慧，所谓水能载舟亦能覆舟。

近年的乱象已经严重影响我国的形象，我希望民间可以发起一场大清除运动，以治理这些乱象，去除人治的歪风，牢固法治意识和规矩意意识。

 

反贪会前顾问丹斯里拿督彭茂燊太平局绅呼促请 反贪会主席丹斯里阿占巴基停职接受调查

新闻稿 - 请即刻发布

Header:
反贪会前顾问丹斯里拿督彭茂燊太平局绅呼促请
反贪会主席丹斯里阿占巴基停职接受调查

Body copy:
为了维护反贪会的诚信，我促请反贪会主席丹斯里阿占巴基应该自动停职接受调查，以证明自己的清白。

此外，反贪会似乎又变成了另一个政治团体，3名副主席表面明支持他们的主席丹斯里阿占巴基，他们是否知道自己的职责？当他们在指控这事件是政治报复时，难道他们不懂得要经过调查才发表这个声明吗？他们应该立案调查以证明这事件如他们所说的，而不是草率表态，把自己和反贪会政治化。

经过反贪会顾问团主席阿布查哈、首相署部长拿督斯里旺朱乃迪的澄清，以及反贪会三名副主席的表态，并不能让整个事件更明朗化，而是挑起了更多疑问，这绝对会对反贪会的声誉和诚信造成二度伤害。

反贪会之前已经发生其保管的巨款不翼而飞的事件，再加上当前闹得沸沸扬扬的主席持股事件，反贪会的清廉形象、可信度和诚信，已经溃败不成形了，因此，身为反贪会主席的阿占巴基应该自动停职，以示本身愿意接受调查来证明自己是清白的。

政府在这个事件上应该快刀斩乱麻，而不应该表现得拖泥带水，遮遮掩掩，政府的无作为表现，只会凸显官官相护的歪现象，这将让人们对我国的反贪机制更失信心。

在这个事件上，反贪会顾问团主席阿布查哈犯的第一个错是站出来替阿占巴基证清白，因为，反贪会顾问团并没有调查的权限。顾问团的其他6个成员日前发表的文告更证明这一点。反贪会的顾问团和顾问们应该要了解自己的定位和角色，然后尽本分去服务，才不会辜负他们的职责。

 

Azam Baki should have told his brother to ‘f*** off’: Robert Phang

 KUALA LUMPUR – A former Malaysian Anti-Corruption Commission (MACC) advisory board member has grilled the graft busters chief commissioner Tan Sri Azam Baki, asserting that he is making a mockery out of the people and the country’s judiciary system by looking to clear himself of any alleged wrongdoings.

Tan Sri Robert Phang, now a prominent social activist and philanthropist, said Azam further convoluted the matter by implicating Anti-Corruption Advisory Board (LPPR) chairman Tan Sri Abu Zahar Ujang as the one who absolved him of any wrongdoing, suggesting LPPR as infallible.

He added that Azam breached MACC standard operating procedures (SOPs) by allowing his brother to use his share-trading account, saying such actions were equivalent to condoning an offence.

“101% he breached the rules. It concerns SOPs because if my brother approached me (to use my trading account) and I was a MACC chief, I would tell him to f*** off.

“But now you allow him to carry on, so that’s the same as condoning an offence that amounts to the same punishment – in my view.

“He (Azam) is making a fool out of us, the system, and the entire judiciary. Letting him go is the easy way to go about it, but this case should be investigated by police or any other independent body, without fear or favour. 

“Because we are watching, the rakyat is watching, the whole world is watching,” Phang told The Vibes.

This is in response to Azam and Abu Zahar’s remarks, where the latter during a press conference yesterday insisted the MACC chief did no wrong in allowing his brother to use his share-trading account.

Phang today suggested to The Vibes that a royal commission of inquiry (RCI) into the matter would be the most suitable option to get to the bottom of it.

“A proper RCI should be formed to probe into the whole thing because the MACC chief himself has been implicated, so where is the faith, trust, and confidence that we are supposed to have in MACC?

“The system has been screwed up by this stupidity, oh Azam.”

Phang added that LPPR should consider applying for a temporary interdiction of Azam’s tenure while investigations are underway to avoid any further conflict of interest.

An interdiction refers to an official instruction from a court of law barring someone from a certain action.

“I would recommend for the board to interdict him with half pay because when you say no pay, that could look like someone is convicted already, but when it's half pay, there is still a chance (to be absolved) and society will still think that you are not guilty until proven.”

In yesterday’s press conference, Abu Zahar said LPPR conducted a meeting with Azam on November 24 to seek an explanation on the allegations that have since plagued the anti-graft body.

He added that LPPR was satisfied by the explanation given by Azam and found no criminal elements involving him or conflict of interest.

Azam meanwhile insisted he as the chief commissioner is only answerable to LPPR.

He also claimed the allegations of conflict of interest brought against him were created by certain parties looking to take advantage and attack MACC and ruin the commission’s image and his personal reputation. – 

Source : https://www.thevibes.com/articles/news/51408/azam-baki-should-have-told-his-brother-to-f-off-robert-phang