Malaysia Today - Your Source of Independent News
Malaysia Today - Your Source of Independent News |
- Here We Go Again
- WIKILEAKS: US concerns regarding Malaysian companies suspected of illegal transshipment activities
- WIKILEAKS: Syed Mokhtar al Bukhary's foray into Iran
- Why Najib must hold the 13th GE this year instead of 2012
- WIKILEAKS: Anwar's second sodomy trial begins
- When the government turns on its people (part 2)
- When the government turns on its people (part 1)
- WIKILEAKS: Malaysia-based firm involved in guidance systems of ballistic missiles, cruise ...
- Still say that 60% of what Malaysia Today writes are lies?
- A political party is just like our car, a mere vehicle
- WIKILEAKS: Perak episode sets a dangerous precedent
| Posted: 16 Jun 2011 01:14 PM PDT
Hakim Joe Malaysia possesses submarines that cannot dive but are able to sail faster than a sampan going upstream. Likewise, we are also buying super expensive helicopters that can possibly out-fly and out-maneuver Superman in flight (in theory only). Now we are looking at fighter jets to replace the ageing MIG-29N Fulcrum in 2015 and the budget could be in excess of RM6 billion.Here we go again. French aerospace company Dassault Aviation is planning to set up an office in Kuala Lumpur within the next few months with the intention of winning this lucrative contract from the Malaysian Government. On offer is their Multi Role Combat Aircraft (MRCA) Rafale at an estimated cost of 100 million Euro a pop (depending on who you ask). A squadron of a 12 aircrafts will cost in excess of 1.2 billion Euros (RM5.2 billion without optional extras like Krell Sound System, Liebherr fridge, Bosch reverse sensor or Prometheus dashboard cigar lighter). Not to be out done, British defense company BAE Systems (who already has a large office in Kuala Lumpur) is offering a better deal. For an estimated RM5.5 billion, BAE Systems will sell to RMAF 10 units of their Tranche 3 Typhoon fighter/interceptor. Now, how is this a better deal as compared to the Rafale? The Frenchies are offering 12 units whilst the Pommies are offering 10 units. The Frenchies deal cost RM5.2 billion whilst the Pommies deal cost RM5.5 billion. The Rafale is a MRCA whilst the Typhoon is NOT a MRCA. What BAE Systems is also offering are another 20 units of Tranche 1 Typhoon FOC (gratis, as is basis) that the Royal Air Force is retiring from active service, kind of a "Buy 1 Free 2" offer. Technically, these aircrafts are not entirely free, as the RMAF will need to pay to fit specific items like the communication systems and other support items to be compatible to its existing ground control systems. Boeing is also in the picture with its offer of the FA-18F Super Hornet (5th Generation) at USD57 million a piece. Cheap? Oops…the USD57 million is only for the chassis alone, not even the paint job. The real cost per unit after installation of the engine, avionics, pylons, radar, etc. approaches USD125 million a unit (without ordnance, training or support) minimum. However, Boeing is the most optimistic that they are capable of securing this contract as RMAF is already using the FA-18E (4th Generation) and the Malaysian pilots are familiar with the aircraft (hence less training required) plus the important fact that they have appointed three (yes, three) Malaysian companies to do the lobbying for them - Composites Technology Research Malaysia Aero Composites (CTRM AC), SME Aerospace (SMEA), and Spirit AeroSystems. Likewise, of the four potential suppliers, only Boeing has made an official visit to Putrajaya this year to promote their latest aircraft to the former Defense Minister. The other three haven't even applied for their visas. Composites Technology Research Malaysia Aero Composites is a wholly owned subsidiary of Composites Technology Research Malaysia Sdn Bhd. Based in Batu Berendam, Melaka, CTRM AC is a government-linked company with the Ministry of Finance Incorporated as its major shareholder. SME Aerospace, based in Sungai Buloh, manufactures aircraft parts, components and assemblies for customers worldwide and is a wholly owned subsidiary of the National Aerospace & Defence Industries Berhad. Spirit AeroSystems Malaysia Sdn Bhd, based in Kuala Lumpur, is an indirect wholly owned subsidiary of Spirit AeroSystems Holdings Inc. [NYSE: SPR] The fourth and final offer is from Sweden's SAAB with its JAS 39 Gripen MRCA aircraft at USD60 million a pop even though this offer is considered to be the least successful of the entire lot and the cheapest. For those detractors that think that the purchase of military aircrafts is not viable due to Malaysia's economic outlook and that we are still financing the current fleet, think again. As of April 2011, a Request For Quotation (RFQ) has been issued to the four manufacturers. But then again, when and what has economy and cost to do with the purchase of military hardware here in BolehLand? BTW, the submarines still refuse to submerge underwater. |
| WIKILEAKS: US concerns regarding Malaysian companies suspected of illegal transshipment activities Posted: 16 Jun 2011 01:00 AM PDT
Following up on PM PDAS Countryman's January 14 meeting with the Malaysian Ambassador to Washington about the missing F-5 engines case (ref E), DCM reiterated to Zainol the seriousness with which we view this issue and that we look forward to a full report/accounting by the GOM. This was necessary to ensure the US has the "fullest confidence" in Malaysia's ability to handle and account for sensitive defense equipment. THE CORRIDORS OF POWER Raja Petra Kamarudin S E C R E T SECTION 01 OF 03 KUALA LUMPUR 000049
SIPDIS
FOR EAP/MTS, ISN, PM AND INR
E.O. 12958: DECL: 01/20/2030 TAGS: PREL, KNNP, PARM, IAEA, MNUC, PGOV, IR, MY SUBJECT: MALAYSIA: MFA VIEWS ON NON-PRO, IAEA, AND EXPORT CONTROL LAW
REF: A. 09 STATE 126209 -- U.S. APPROACH TO NPT CONFERENCE B. 09 STATE 128736 -- NEXT STEPS WITH MALAYSIAN ON PROLIFERATION C. 09 KL 917 -- EINHORN MEETINGS IN KUALA LUMPUR D. 09 KL 977 -- GOM STATEMENT ON IAEA VOTE E. STATE 5003 -- PM A/S MEETING WITH MALAYSIAN AMBASSADOR
Classified By: Political Counselor Brian D. McFeeters for reasons 1.4 b and d.
Summary 1. (S) The DCM met with MFA Deputy Secretary General Zainol Abidin Omar on January 15 to convey Ref A talking points and to discuss a range of other counter-proliferation and export control-related issues (refs A and B). Referencing special information that was provided to the GOM in early-November by S/SANAC Einhorn, Zainol said that the GOM was still looking into Malaysian companies suspected of illegal transshipment activities involving Iran, but otherwise no concrete actions had been taken. DCM urged the GOM to "redouble" its efforts in this area. Zainol advised that his government was still deliberating internally the disposition of dual-use components and equipment that were seized by Malaysian authorities on December 25 from a Middle East-bound vessel. Regarding a new Export Control law, Zainol said that it was now under near-final review at the Attorney General's office, but he offered no timeline on when the bill might be presented to parliament. On the fate of their Ambassador (Arshad) to the IAEA, Zainol indicated that naming of a successor was a sensitive issue and that it may take several weeks (or longer) for a final decision. Zainol did state that, in the interim, Arshad was still Chairman of the IAEA Board of Governors. DCM encouraged the GOM to move quickly on a replacement to clear up the "confusion" at the IAEA on Arshad's status. Zainol welcomed the Jan 28 visit by ISN acting Assistant Secretary Van Diepen and delegation. He confirmed that the GOM would participate in EXBS-sponsored training in March and expressed interest in sending officials for additional export control-related training at the University of Georgia in April. DCM briefly raised the missing F-5 engines case. End Summary. 2. (C) DCM Rapson and Poloff Nathan met with Ambassador Zainol Abidin Omar, the Deputy Secretary General in charge of multilateral affairs at MFA on January 15. (Note: Zainol is the no. 5 ranking officer in the MFA after the Foreign Minister, two Deputy Ministers and the Secretary General. End Note). Also in attendance from the MFA were Under Secretary for non-proliferation Bala Chandra Tharman, Principal Assistant Secretary for non-proliferation Shazryll Zahiran, and Principal Assistant Secretary for United States affairs Muhammad Radzi bin Jamaluddin. The discussion was cordial and went for an hour-plus. 3. (S) The DCM recalled Special Advisor for Non-Proliferation Einhorn's November 4 meeting with MFA Secretary General Rastam (ref C), during which Einhorn provided the MFA a special list of companies of concern that were engaging in transshipment activities with Iran, and asked for a status update on any GOM decisions or actions with respect to the listed companies. Zainol replied "We have requested security agencies to initiate their investigations," but added that, thus far, "the investigation has not been able to unearth any activities that are in contravention to UN resolutions." The DCM emphasized that the U.S. has "strong concerns" about the companies listed and their activities, and urged the GOM to "redouble" its efforts in this area. Zainol acknowledged this request and said the GOM would "welcome any additional information on those companies." He noted that the Foreign Ministry has the inter-agency lead on non-proliferation issues, and that bilateral requests for cooperation and assistance on these types of issues should be "funneled through the MFA." Update on the Christmas Day Seizure 4. (S) DCM thanked and briefly queried about the status of the shipment of dual-usage parts and equipment seized by the GOM from a middle east-bound vessel over the Christmas day holiday. Zainol replied that all the information they can share has been separately channeled to the relevant U.S. agencies. Zainol did note that they (the GOM) are still conducting their internal investigation on whether or not the equipment and parts seized were of dual-use concern as the USG is alleging. (Comment: Zainol declined to offer any info on current disposition of the seized shipment, although his comments clearly implied that the consignment was still under GOM control. Moreover, he provided no indication that the GOM would be reaching out to the UN Security Council for guidance on evaluation and analysis and handling of the seized shipment as had been indicated to us through liaison channels. End comment.) Export Control Law in Final Stages, but... 5. (C) Zainol confirmed that the GOM "is in the final stages" of drafting the export control law bill, and said that the draft is currently with the Attorney General's office. Zainol did not want to speculate when the AG's office would finish its review and when the bill would be presented to parliament, given, he said, that there are a range of other "urgent" issues on the PM, AG's, and Parliament's plate such as review and revision of the controversial Internal Security Act (ISA). Zainol opined that the process could "take some time" as the AG's office needs to consider how an export control law would tie into and affect existing laws. Zainol concluded by noting that once the proposed bill was finalized, it "would be introduced to parliament at the appropriate time." DCM thanked Zainol for this update and recalled the high priority both the PM and Foreign Minister placed late last year on early passage of the export control law. He noted that the USG stands ready to assist the GOM, including through the provision of training and technical assistance (see para 8, below). Van Diepen Delegation Visit 6. (SBU) The DCM previewed the January 28th visit of ISN acting Assistant Secretary Van Diepen and delegation, thanking Zainol for agreeing to meet with the A/S and for assembling an interagency team on the Malaysian side for that meeting at MFA. The DCM confirmed that we are also seeking separate appointments for the delegation at MITI, the Attorney General's offices and the PM's office. Zainol said he look forward to the discussions with A/S Van Diepen and welcomed further engagement with the U.S. on non-proliferation and export control issues. IAEA and the Status of Ambassador Arshad 7. (C) The DCM asked Zainol for clarification on the status of Malaysia's Ambassador to the IAEA (and co-current Chairman of the IAEA Board of Governors) Arshad (Ref D), noting that there have been some confusing signals of late emanating from various sources about his recall and the naming of a successor. Zainol was coy on providing a direct answer, and would only say that "at the moment, we are unable to say anything," other than that he (Arshad) "is still chair of the IAEA Board of Governors" until a new Ambassador is identified. Zainol explained that there is a delay because "the nomination of a new ambassador is very sensitive," adding that "the process takes a few weeks." The DCM recalled the Foreign Minister's public comments on this subject last month and recent senior level communications we have received from the GOM. Training and Enhancing Engagement 8. (SBU) Zainol welcomed increased interaction and engagement between the USG and GOM on the non-proliferation front. He confirmed that the GOM planned to participate in an EXBS-sponsored non-proliferation workshop in March 2010, and was interested in sending two candidates to the University of Georgia within the next few months for more specialized and extensive export control-related training. Zainol commented that the MFA has been preparing for the Nuclear Security Summit in Washington this April, which PM Najib will attend. DCM Rapson noted USG interest in having Malaysia's Attorney General visit Washington for discussions on a range of bilateral issues, including the export control law. Missing F-5 Engines 9. (C) Following up on PM PDAS Countryman's January 14 meeting with the Malaysian Ambassador to Washington about the missing F-5 engines case (ref E), DCM reiterated to Zainol the seriousness with which we view this issue and that we look forward to a full report/accounting by the GOM. This was necessary to ensure the US has the "fullest confidence" in Malaysia's ability to handle and account for sensitive defense equipment. Zainol replied that "we are seriously concerned" and that the GOM "fully understands that this is an obligation we have to undertake," but also added that "my department is only concerned with nuclear non-proliferation" and that "we (MFA) are not the lead on the issue." When asked about those arrested for their alleged involvement with the F-5 engines, Zainol replied that the issue "is now before the court, so it's difficult to offer any further comment." KEITH
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| WIKILEAKS: Syed Mokhtar al Bukhary's foray into Iran Posted: 14 Jun 2011 01:00 AM PDT
SKS is small operation controlled by Syed Mokhtar al Bukhary, one of Malaysia's wealthiest industrialists with a Forbes Magazine estimated net worth of $2 billion. Much of Syed Mokhtar's personal wealth has been acquired in dealings with the GOM and GOM-linked corporations. He controls Malaysia Mining Corporation, DRB Hicom, Malakoff, and Gas Malaysia among other significant Malaysian operations. THE CORRIDORS OF POWER Raja Petra Kamarudin C O N F I D E N T I A L SECTION 01 OF 03 KUALA LUMPUR 000059
SIPDIS
STATE FOR EEB/ESC THAMMANG STATE FOR EEB/TFS CBACKEMEYER STATE FOR NEA/IR RWADHWANI
E.O. 12958: DECL: 01/26/2020 TAGS: ECON, EFIN, ENIV, ENRG, EPET, ETTC, IR, KNNP, MY SUBJECT: MALAYSIA: SKS VENTURES EXPLAINS ITS IRAN INVESTMENTS
REF: A. 09 STATE 121808 B. KUALA LUMPUR 0037
Classified By: Econ Counselor Matt Matthews for reasons 1.4 (b) and (d)
1. (C) Summary: SKS Ventures (SKS) CEO Abang Iskandar Muas (Iskandar) met with Econoff January 19 to discuss SKS plans to develop the Golshan and Ferdowsi gas fields (G&F) in Iran. Iskandar said that the GOM had initially negotiated the deal with the GOI and handed the project to SKS just prior to signing. Iskandar told us that development of the G&F fields is going slowly because sanctions impeded National Iranian Oil Company (NIOC) ability to perform basic due diligence functions. He also stated that NIOC has been extremely difficult to work with and that the initial buyback service contract signed in Dec. 2007 is the only commercial agreement between SKS and NIOC. SKS's only investment over the past two years since the announcement was limited to staff time from their 15 employees and air tickets for meetings with a total value under $1 million, according to Iskandar. He was pessimistic on prospects for the deal and said that SKS is considering pulling out altogether. However, he emphasized SKS would need GOM approval prior to exiting the transaction because Malaysian Trade Ministry and Foreign Ministry officials had encouraged SKS to enter into the deal in the first place and had reconfirmed GOM support for trade cooperation with Iran at a recent meeting. Iskandar also denied reports of SKS participation with NIOC in a refinery projects in Syria and Indonesia and downplayed its deal with NIOC which is under review in Malaysia. End Summary. 2. (C) Comment: SKS is small operation controlled by Syed Mokhtar al Bukhary, one of Malaysia's wealthiest industrialists with a Forbes Magazine estimated net worth of $2 billion. Much of Syed Mokhtar's personal wealth has been acquired in dealings with the GOM and GOM-linked corporations. He controls Malaysia Mining Corporation, DRB Hicom, Malakoff, and Gas Malaysia among other significant Malaysian operations. Post believes Iskandar is a credible interlocutor that provided an important window on the GOM's role in the deal and SKS current thinking on the transaction. Iskandar seemed genuinely frustrated that the G&F deal turned out to be an empty business proposition due to NIOC incompetence and Iran sanctions. Other oil and gas industry contacts have confirmed the small size and scope of the SKS operation. End Comment. SKS Ventures 3. (C) Econoff met January 19 with SKS Ventures (SKS) CEO Abang Iskandar Muas (Iskandar) to discuss the SKS intentions to develop the Golshan and Ferdowsi gas fields (G&F) in Iran and implications under the Iran Sanctions Act (ISA). Iskandar mentioned early in our conversation that Ministry of International Trade and Industry (MITI) Senior Director Wong had called him January 15 informing him that the embassy had been trying to contact him and he needed to meet with us. Econoff delivered ref A points and offered additional background on our information request. According to Iskandar, SKS has 15 full time employees and works on projects outside of Malaysia for Syed Mokhtar. Iskandar is an experienced O&G industry professional, having worked for Shell Oil USA (based in Houston) for fifteen years in Sarawak, Saudi Arabia (where he was VP for Finance and Human Resources), and Kuala Lumpur prior to assuming his current position with SKS two and one half years ago. Iskandar fondly reminisced of his frequent travel to the U.S. for business and family vacations prior to assuming his position at SKS. Golshan and Ferdowsi: G2G Agreement 4. (C) Iskandar said the G&F deal grew out of government-to-government negotiations between Malaysia and Iran during 2007. The GOM brought SKS to the table late in the negotiations, according to Iskandar, finalizing a buyback service contract between SKS and National Iranian Oil Company (NIOC) in December 2007. He added that SKS entered into the agreement based on the GOM's policy of expanding trade cooperation with Iran and the belief that the business climate for oil and gas (O&G) in Iran was improving during 2005-6. Iskandar said that the initial business strategy was for SKS to plan the project, NIOC to perform physical due diligence (appraisals, seismic analysis, feasibility studies, etc.), and, once the project was ready to start, sell controlling interest, at a profit, to an international oil company that could bring resources to develop the fields. Iskandar commented, "We have no wells, no drilling rigs, no facilities, no experts, and no technology" to implement a project the size of G&F. His explanation as to why the Iranians would enter in to a transaction the size of G&F with such a small entity was, "in order to be friendly to the government (of Malaysia)." NIOC Difficulties 5. (C) Working with NIOC, according to Iskandar had been "extremely difficult." He added, "we should have taken a lesson from Petronas" claiming that Petronas will not deal with NIOC any longer because NIOC still owed a substantial amount of money to Petronas from its buyback service contract for South Pars Phases 2 and 3. Iskandar said that NIOC has made no progress on its due diligence obligations at G&F due to international contractors refusing to work in Iran because of sanctions. He complained that SKS and NIOC also have not reached any commercial agreements on the project in the last two years. Iskandar stated, "We have no idea how we would be paid. NIOC has not agreed to LNG and we have no interest in selling gas domestically. Iran uses most of their gas to inject into their oil fields to get more oil or to produce heavily subsidized electricity." He listed numerous other problems plaguing the project related to Iran sanctions such as the inability to import LNG technology or hire expat expertise, a low likelihood that Iranian LNG could be consistently sold on the open market, and NIOC's lack of access to financing. SKS Ready to Walk Away 6. (C) Iskandar described the SKS agreement with NIOC on G&F as "barely hanging on" and that SKS is currently deciding whether to stay in or pull out, and added, "The decision will come sooner rather than later." He viewed the buyback service contract as having "no commercial value" at this time. He noted though that Syed Mokhtar's close connections to the Malaysian government mean SKS will not move on a G&F decision without policy direction from the GOM. "We do not want to be on the wrong side of the government and we have not heard from PM Najib", according to Iskandar. However, he added that SKS has "no money in the ground" in Iran, because the firm did not pay an initial "signing bonus" as the buyback service contract did not carry any vested rights to the gas. He also stated that SKS management is aware of the change in the international political environment with regard to Iran and is "not entrenched," implying SKS would quickly drop the transaction if permitted by the GOM. Another View of the MITI Meeting 7. (C) Iskandar offered a different account of the recent meeting between MITI and Ministry of Foreign Affairs (MFA) officials and officers from the three Malaysian companies listed in ref A. Iskandar said that after the companies answered MITI queries on their Iran investments, the companies, especially Petronas, pushed back at MITI and MFA asking "What is the government's stance on trade cooperation with Iran?" and "Should we adjust our investment strategies?" MITI responded that the GOM still supports trade cooperation with Iran, according to Iskandar. (Comment: The MFA account of the meeting (ref B) was similar to Iskandar's but omitted the companies' questions and MITI's response. End Comment.) Other Announcements Inaccurate 8. (C) Toward the close of the meeting, Iskandar addressed recent Iranian and Malaysian press announcements of SKS participation in other transactions with NIOC. He stated that the GOM asked SKS to commission a feasibility study on a project with NIOC. It involved a refinery project in Kedah with a pipeline across the Malaysian Peninsula to Terengganu. Iskandar commented that the pipeline is economically unwarranted and an Iranian partner likely makes the refinery unfeasible. He added that recent announcements of SKS participation in a refinery project in Syria with Iranian and Venezuelan partners and SKS participation in an Indonesian refinery project with Pertamina and NIOC are blatantly false. He said that the first SKS had heard of either project was in press reports. He explained that SKS never issued denials of participation in the deals in order to avoid embarrassment in case the government was involved. KEITH
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| Why Najib must hold the 13th GE this year instead of 2012 Posted: 13 Jun 2011 06:50 AM PDT
One does not hold an election in a recession year. And we know that it takes some time to recover from a recession. Some economists believe that 2012 is going to be a recession year. The UK is already seeing a decline in property sales and house prices have come down. This means Najib must hold the 13th General Election this year, maybe sometime in October or November after the Budget, or else Barisan Nasional is going to be kicked out. Is Najib prepared to place a bet that my assumption is wrong? THE CORRIDORS OF POWER Raja Petra Kamarudin Rosenberg Says 99% Chance of Another Recession by 2012 David Rosenberg Interview on U.S. Economic OutlookDavid Rosenberg, chief economist at Gluskin Sheff & Associates, talks about the outlook for the U.S. economy. Rosenberg, speaking with Betty Liu, Jon Erlichman and Michael McKee on Bloomberg Television's "In the Loop," also discusses fiscal policy and banking regulation. Bloomberg's Ian Katz also speaks. (Source: Bloomberg) SEE THE VIDEO HERE: http://www.bloomberg.com/video/70808782/
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| WIKILEAKS: Anwar's second sodomy trial begins Posted: 12 Jun 2011 01:00 AM PDT
Anwar's second sodomy trial is extremely controversial in Malaysia, seen by many as a political ploy to derail him and the opposition, and as a repeat of the 1998 sodomy trial. In launching the trial -- and there were doubts there would be a trial -- the GOM appears to determined to pursue the charge notwithstanding the potential costs domestically and internationally. THE CORRIDORS OF POWER Raja Petra Kamarudin UNCLAS KUALA LUMPUR 000064
SENSITIVE SIPDIS
E.O. 12958: N/A TAGS: PGOV, PHUM, MY SUBJECT: OPPOSITION LEADER ANWAR'S "SODOMY II" TRIAL BEGINS
1. (SBU) Summary: After months of delay while his defense team submitted motion after motion ranging from a request to see all the evidence to outright dismissal, opposition leader Anwar Ibrahim's trial for alleged consensual sodomy with a former aide began in the Kuala Lumpur High Court on February 3. The prosecution immediately called to the stand the alleged victim, 25-year-old former Anwar aide Saiful Bahari, who described his relationship with Anwar and began a detailed account of the events of June 26, 2008 when the alleged sodomy occurred. At the defense's request, the judge stopped the testimony when Saiful was on the verge of describing sexual contact. The testimony will resume in camera (without the public present) on February 4. Among the 70 members of the public observing the trial from the small gallery were opposition politicians, local and international Journalists, and diplomats from several embassies. Polcouns and Pol staff attended the February 2 and 3 sessions. 2. (SBU) Comment: Anwar's second sodomy trial is extremely controversial in Malaysia, seen by many as a political ploy to derail him and the opposition, and as a repeat of the 1998 sodomy trial. In launching the trial -- and there were doubts there would be a trial -- the GOM appears to determined to pursue the charge notwithstanding the potential costs domestically and internationally. While there may be many days and weeks to go before this case concludes, and there is potential for further delays, the GOM has so far allowed Malaysians and foreigners access to the proceedings. Observers from the International Bar Association and International Council of Justice were seated alongside the attorneys in the front of the courtroom. The proceedings are being prominently covered in both the mainstream government-influenced media and the blogosphere, as well as in the international press. End Summary and Comment. 3. (SBU) Anwar Ibrahim's trial began at 3:30 pm on February 3 after High Court judge Mohamad Zabidin Mohd Diah rejected lead Anwar attorney (and fellow opposition Parliamentarian) Karpal Singh's request for a stay to allow the Appeals Court to rule on a request to obtain the government's evidence before the trial. A clerk read the charges concerning the alleged incident aloud in front of Anwar, standing toward the rear of the courtroom, who said that the charges were "frivolous" and ordered by the prosecution's "political masters" before pleading not guilty. 4. (SBU) The prosecution immediately called 25-year-old former Anwar aide Saiful Bahari to testify, walking methodically through questions about his educational background, first association with Anwar (March 2008), and his job description. Saiful, testifying in Malaysian, said he was paid RM 1,000 per month (about USD 270) to help with Anwar's schedule, carry his private cellphone, and manage his finances. At that point, Anwar leaned over to his wife, PKR politician Wan Azizah, and said "liar" in Malaysian. The prosecution had Saiful describe in detail how he arrived at Anwar's condominium on June 26, 2008, and what happened next, presenting as evidence a one-page statement that Saiful had signed in front of police when he reported the alleged sodomy. The defense succeeded in having a reference to previous sexual contact between Anwar and Saiful expunged from the statement. When Saiful had described how Anwar had allegedly asked him to have sex and then ordered him to undress in the bathroom, the defense requested that the remainder of Saiful's testimony be heard in camera. The judge agreed to do so starting at 9:30 a.m. on February 4. 5. (SBU) In parallel with trial, Anwar's legal team continues to pursue motions to have the charges dismissed or to gain reviews of earlier decisions denying the defense access to the government's evidence. If accepted, those motions could lead to renewed delays in the trial. 6. (SBU) In the months before the trial, Anwar was careful to keep in touch both with prominent foreigners and Malaysian supporters. On January 25, his People's Justice Party (PKR) International Bureau held a closed door briefing for diplomats about the trial, arguing that the GOM was determined to convict "the Prime Minister in waiting" to remove him from the political scene. They also argued that there was clear medical evidence refuting the charges, and that the judiciary was being manipulated to ensure a conviction. KEITH
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| When the government turns on its people (part 2) Posted: 11 Jun 2011 05:46 PM PDT
Hey, is it not Malay-Muslims who are trying to frame a dead Malay-Muslim Customs Department officer on charges of corruption and suicide? Is it not Malay-Muslims who arrested and charged the Malay-Muslim ex-Director of the CCID for "allegedly using a police aircraft and for allegedly not declaring his assets" (which he did) instead of the real criminal in this case -- a certain politically well-connected Malay-Muslim who ripped off Malaysia's national airline, MAS? THE CORRIDORS OF POWER Raja Petra Kamarudin Zulkifli Noordin, the Kulim Bandar Baharu Member of Parliament, wrote in the weekend edition of Utusan Malaysia: "Some Malays are willing to be used by this illegal gathering that is led by former Bar Council president Datuk Ambiga Sreevanasan. This is despite knowing the organisation has fought strongly against Islam, organised the interfaith council and supported Lina Joy's apostasy." "But to fulfil their lust for power, these Malays are willing to become insects blinded by the false light of power. Malay-Muslims will become weak and damaged due to their own dirty hands." "Do Malays not have political power? The reality is that Malays have absolute power. We have absolute majority in Dewan Rakyat." "With this absolute power, not only can we defend and empower Malays, we can uphold Islam." "Instead, there were Malay-Muslims across history who have been ready to betray their own (race)." "The biggest mistake made by Malays when they were too enthusiastic for independence and sacrificed Tanah Melayu citizenship to foreign races (Chinese and Indians)." "This right was given along with the right to own land, determine the government and other rights. In the end, even though Malays became politically independent, they are still slaves in their own land." ********************************** One thing you will notice about Malaysia is that Malay-Muslims just love to scream about Islam and they just love to label this and that as un-Islamic or Kafir or whatever. When they need to win an argument that they can't win, they will do a magic trick and pull the Islamic 'rabbit' out of their hat. That is the modus operandi of these Malay-Muslims who do this mainly because they are bankrupt of ideas. Actually this is all a load of bullshit. Hey, is it not Malay-Muslims who are trying to frame a dead Malay-Muslim Customs Department officer on charges of corruption and suicide? Is it not Malay-Muslims who arrested and charged the Malay-Muslim ex-Director of the CCID for "allegedly using a police aircraft and for allegedly not declaring his assets" (which he did) instead of the real criminal in this case -- a certain politically well-connected Malay-Muslim who ripped off Malaysia's national airline, MAS? Please lah! Don't give me all this crap about enemies of Islam and about defending Islam and all that other bullshit. The real enemies of Islam are the Muslims while it is 'Kafir Laknat' like Robert Phang and Justice Gunalan Muniandy who uphold justice and come to the defence of Muslims being fixed up by other Muslims. Yes, let me repeat that. Muslims are fixing up Muslims and it is the so-called 'enemies of Islam' who are coming to the defence of persecuted Muslims. Can you see the irony of this whole thing and can you see now that Zul Nordin is talking through his arsehole? Let us continue where we left off yesterday on the series: "When the government turns on its people" (see part 1 here). This is where we stopped: His family and the Customs Union have objected to the MACC's smear campaign. That was why Malaysia Today ran the 4-part series on Ahmad Sarbaini's death to reveal that the MACC would not hesitate to smear the good names of the dead if necessary to support their suicide theory. They could do all that because that is how the system works in Malaysia, the MACC and PDRM will help AG Gani Patail to fix the people who pose dangers to AG Gani Patail, and he will clear the MACC and Police of any wrongdoing. That was why on 31 May 2011, the MACC Operations Evaluation Panel (OEP) Chairman, Tan Sri Dr Hadenan Abdul Jalil, seized the opportunity to clear AG Gani Patail unconditionally at the same time that the MACC conditionally cleared Tan Sri Robert Phang. Now, the language in clearing the two was very strange indeed: "Kes siasatan terhadap Tan Sri Robert Phang, bekas Ahli Panel Perundingan dan Pencegahan Rasuah yang ditohmah telah cuba memberi sogokan kepada seorang Ketua Setiausaha Kementerian dan berpuas hati bahawa siasatan yang telah dijalankan tidak mencukupi keterangan untuk sebarang pertuduhan terhadap mana-mana pihak. Kes siasatan terhadap Tan Sri Abdul Gani Patail, Peguam Negara yang ditohmah mendapat pembiayaan bagi menunaikan ibadah haji dan berpuas hati bahawa siasatan juga tidak menunjukkan keterangan bagi sebarang kesalahan jenayah." Two days ago, the former Kuala Lumpur CID Chief, Dato' Mat Zain Ibrahim, sent an open letter to Prime Minister Najib Tun Razak accusing Attorney-General Gani Patail of burying evidence of corruption by senior government leaders between 1994 and 1996 involving losses of at least RM12 billion in public funds. Mat Zain also blasted Tan Sri Hadenan for clearing AG Gani Patail and cited a policy ruling by the MACC Corruption Prevention Advisory Panel (CPAP) that the MACC Act did not allow the OEP to review decisions made by the anti-graft body. It is amazing that with so much documentary and photographic evidence of Gani Patail consorting with Shahidan and Vincent Lye, the MACC can still say that the AG "tidak menunjukkan keterangan bagi sebarang kesalahan jenayah" (no proof of any criminal offence). This contrasted sharply with the statement that Robert Phang "tidak mencukupi keterangan untuk sebarang pertuduhan" (not enough evidence to frame a charge against any party). Phang's conditional clearance is a warning that he has to behave himself because now the AG has the upper hand. The AG can always direct an investigation against Phang to be reopened. That was what happened to Dato' Ramli Yusuff, the former Director of the CCID. Despite having been acquitted by the Sessions Courts and the High Courts, AG Gani Patial was not letting him off that easily. Gani Patail has since appealed against Ramli's acquittals all the way up to the Court of Appeal. These appeals are coming up on 20th June and 1st July respectively. When Razak Baginda was acquitted for the murder of Altantuya Shaariibuu, Gani Patail declared that there would be no appeal because the Sessions Court had made a finding of fact. Thus, Gani Patail will respect that finding of fact. Malaysia Today will now prove that Gani Patail's respect for the court is as selective as his selective prosecution. Malaysia Today has studied the full Grounds of Judgment by Justice Gunalan Muniandy in "PP v Dato Ramli Bin Yusuff" in Criminal Case No.: 61-31 -2007 -- pages 355 to 376, which forms part of a larger appeal record that runs into volumes and volumes of documents, and is too long to reproduce. (Nevertheless, you can view five of the relevant scanned pages below). Page 355 reads as follows: "The material facts are mainly undisputed. This case has its beginning on 17.07.2007 upon the service of a "Notice To Disclose lnformation". [see Exhibit P. 1]. Exhibit P 1 was issued by the Deputy Public Prosecutor [DPP] named therein PW 34 (Anthony Kevin Morais). A (Dato' Ramli) complied duly filing a Declaration of Assets dated [Exhibit P 4] and serving it on PW 34 on 17.09.2007 which was well within the stipulated deadline. Exhibit P 1 was issued by PW 34 acting under the powers vested in the Public Prosecutor (PP) pursuant to s.32(1) of ACA '97 purportedly on the belief that there existed reasonable grounds that A had committed an offence under s. 11(a) of the Act, based specifically on No. Aduan: 098/2007 [Exhibit P 8]. On 01 -11.2007, A. was arrested and voluntarily gave a statement of Accused under 5.45(3), ACA, 1997, [Exhibit D. .111. Whether a prima facie case has been made out against A. Then at pages 361 and 362, Judge Gunalen made a damning judgment against Kevin Morais: "…. the documentary evidence exhibited considered in their totality indicate manifestly that at the material time no sufficient and reasonable grounds existed to justify the belief that A. had committed an offence under S.11(a) of ACA, 1997. Investigations appeared to be ongoing at that point in time. Hence, I found that Exhibit P. 1 and P. 2 were invalid and bad in law for non-compliance with the express requirements of S.32(1)(a). ACA 1997 and thus, cannot found the present charges which ought to be held groundless. The reasons given by PW.34 for his satisfaction and belief that A. had committed the predicated offence were, in my finding, insufficient and unconvincing. This is regardless of whether PW.34 had acted mala-fide in issuing the notices which need not be addressed at this stage even though he appeared to have exercised his discretion in a rather casual manner by relying on the report of an officer who had hardly carried out any investigation. This officer had not even produced an iota of evidence that A. had actually received any bribe from MSC." Despite, Judge Gunalan's crystal clear words that the MACC had fixed Dato' Ramli from the beginning and that DPP Kevin Morais was one of the co-conspirators to bring Ramli down, AG Gani Patail has insisted to appeal against Ramli's acquittals. All this shows that if you have friends in the corridors of power, you will get preferential treatment. Otherwise, you will suffer selective prosecution. The pages below show that even the judge considers Ramli a victim of fabricated charges and that the charges against him were mala fide. Yes, this is a clear case of Muslims not upholding Islam and of Muslims trying to fabricate charges against fellow Muslims. And it takes non-Muslims, the 'enemies of Islam', to come to the defence of Muslims and to see justice done. Islam, every Muslim will tell you, is about justice. Islam is a religion that propagates justice, these Muslims will scream. But it is Muslims who constantly and consistently perpetuate travesties of justice while the 'Kafir Laknat' plays the role of upholders of justice. As they would say in the legal profession, I rest my case. And Zul Noordin, stop bullshitting! I trust the non-Muslims more than the Muslims to see justice done. And these court documents prove it beyond any shadow of doubt. ADDENDUM |
| When the government turns on its people (part 1) Posted: 10 Jun 2011 07:42 PM PDT
The Police standard response has always been that those who were shot dead were criminals. That seemed plausible when Indians were killed because even MIC has been lamenting that Indians need to turn to crime to earn a living. So you can blame Sami Vellu for this. He was the one who gave the Police the justification to shoot dead his fellow Indians. THE CORRIDORS OF POWER Raja Petra Kamarudin It is a historical fact that the people rise up in revolt to remove despotic governments and monarchies and then the very revolution they supported turns on them. Whether we go back hundreds of years or look at the most recent of revolutions the stories are all the same. The vehicle to remove the monster ends up becoming an even bigger monster. And that is why I am not prepared to compromise on certain principles. Some tell me that these principles must be put aside for the meantime so that we can focus on removing Barisan Nasional from power. I have said this before. I am not prepared to do that. I first want to know what type of government we are going to get in replacement to the government we are going to remove. Is it going to be a better government or just the same of the old thing? Is it just going to be old wine in a new bottle? I think this is a reasonable question and justified anxiety. I have not forgotten that many now in the opposition were once part of the system that has reduced Malaysia to what it is today. They were once the problem rather than the solution to the problem. I have been monitoring what has been happening in Kelantan the last 21 years since 1990. We may have had Nik Aziz Nik Mat as the Menteri Besar since 1990. But many of those under him are the same old corrupt people. The problem with this is the body does not move in the same direction as the head. In fact, those in government try to sabotage the very government that they work for. Was this not also true in Perak? Is this not also true in Selangor, Penang and Kedah? Are not the new political masters having a hard time trying to keep their officers in check and getting them to toe the line? This is what I fear. Let's look at the MACC. It used to be called the ACA. It used to be under Hussein Onn, then Dr Mahathir Mohamad, then Abdullah Ahmad Badawi, and now Najib Tun Razak. A change of name and four Prime Ministers later and it is still the same old shit. There is no change. And what about the Royal Malaysian Police or PDRM? How many IGPs have we had since Tun Haniff Omar? Have we seen things get better of have they in fact become worse? Honestly, will we see a better MACC or PDRM even if Anwar Ibrahim becomes the new Pakatan Rakyat Prime Minister? Was not Anwar in Umno and the government for 17 years and a good portion of that time as Malaysia's Deputy Prime Minister? I am worried that Anwar will never be able to control or change the MACC or PDRM. It may be the other way around. MACC or PDRM may instead control Anwar like what happened for 17 years when he was in government and was the Deputy Prime Minister of Malaysia. Let us look at the MACC and PDRM today, 53 years after we kicked out the 'tyrant' British Colonialists and gained independence on 31 August 1957. Was the British government so much worse than the Umno government of today? The MACC and PDRM are in competition to kill innocent Malaysians without fear of retribution. Human Rights group, Suara Rakyat Malaysia (Suaram), expressed outrage that not a single Police officer has been held accountable for the deaths of 88 people killed in police shootings last year alone. Suaram also accused the Police of targeting a specific ethnic group, the Indians (so some of what HINDRAF says is actually very true). The Police standard response has always been that those who were shot dead were criminals. That seemed plausible when Indians were killed because even MIC has been lamenting that Indians need to turn to crime to earn a living. So you can blame Sami Vellu for this. He was the one who gave the Police the justification to shoot dead his fellow Indians. Then the picture changed. This 'standard answer' no longer sounds credible when 14-year-old Form III student Aminulrasyid Amzah was shot dead some 100 metres from his Shah Alam house at 2.00am on 26 April 2010 after coming back from watching the football match between Chelsea and Stokes at the neighbourhood Mamak stall with his friends. The Police then subjected his 15-year-old friend, Azamuddin, to three grilling interrogation sessions to force him to change his story. Aminulrasyid's mother too shocked by grief could only show his picture The same thing happened in the recent Glenmarie killings of three Malay youths. Muhammad Hanafi Omar, 22, Muhammad Shamil Hafiz Shapiei, 15, and Hairul Nizam Tuah, 20, were gunned down by the police. The Police said that the shooting happened in a high-speed car chase in the wee hours of November 13. Pathologist reports, however, suggest they were shot at close range while they were in a kneeling position. Lawyers for Liberty headed by N. Surendran are demanding an open and transparent investigation and they have alleged that it is cold-blooded murder a la execution. "My brother's death did not make sense. He is not a criminal. My family is in a state of shock how this could happen. When we saw his body, there were bruises on his face. Was he beaten up before they killed him? The Police must answer," said Khairul Nizam's sister, Norhaliza Tuah. LFL lawyers, Fadiah Nadwa and N. Surendran The MACC's record is just as 'impressive'. Since Teoh Beng Hock is Chinese, thus the MACC wanted Malaysians to believe that it was plausible for a Chinese to commit suicide and that Beng Hock jumped out of the 13th floor of the MACC Selangor Office. But that theory became difficult to sell when Ahmad Sarbaini was also killed in similar fashion seeing that he is Malay-Muslim and not kafir-Chinese. Ahmad Sarbaini 's dead's body two hours after he arrived at the KL MACC Office Even as Ahmad Sarbaini's family was burying his dead body, the MACC already started a smear campaign that he was the mastermind of the 3B case (RM3 billion) and that he was a very corrupt Customs officer with billions in his bank account. His family and the Customs Union have objected to the MACC's smear campaign. That was why Malaysia Today ran the 4-part series on Ahmad Sarbaini's death to reveal that the MACC would not hesitate to smear the good names of the dead if necessary to support their suicide theory. Ahmad Sarbaini's grieving family at his burial They could do all this because that is how the system works in Malaysia. The MACC and PDRM will help AG Gani Patail to fix the people who pose dangers to the 'system' and he will clear the MACC and PDRM of any wrongdoing. That was why on 31 May 2011, the MACC Operations Evaluation Panel (OEP) Chairman, Tan Sri Dr Hadenan Abdul Jalil, seized the opportunity to clear AG Gani Patail unconditionally at the same time that the MACC conditionally cleared Tan Sri Robert Phang. Part 2 to be continued tomorrow.
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| WIKILEAKS: Malaysia-based firm involved in guidance systems of ballistic missiles, cruise ... Posted: 09 Jun 2011 01:00 AM PDT
In December 2009, the United States shared with China information regarding attempts by the Malaysia-based firm Electronics Component Limited (ECL) to buy TRS-500 gyroscopes from the Chinese firm VibTel Industrial Co. Inc. (Ref A). These gyroscopes, which are controlled by the Missile Technology Control Regime (MTCR) and China's missile-related export controls, would be suitable for use in the guidance systems of ballistic missiles, cruise missiles, and unmanned aerial vehicles. THE CORRIDORS OF POWER Raja Petra Kamarudin S E C R E T STATE 010900
SIPDIS
E.O. 12958: DECL: 02/03/2035 TAGS: MTCRE, PARM, PREL, MNUC, ETTC, KSCA, IR, CH, MY SUBJECT: (S) ADDITIONAL INFORMATION FOR CHINA ON THE MALAYSIA-BASED COMPANY ELECTRONICS COMPONENT LIMITED
REF: A. 09 STATE 130917 B. 09 BEIJING 003476
Classified By: ISN/MTR DIRECTOR PAM DURHAM, REASON: 1.4 (C).
1. (U) This is an action request. Embassy Beijing, please see paragraph 4. 2. (S) Background/Objective: In December 2009, the United States shared with China information regarding attempts by the Malaysia-based firm Electronics Component Limited (ECL) to buy TRS-500 gyroscopes from the Chinese firm VibTel Industrial Co. Inc. (Ref A). These gyroscopes, which are controlled by the Missile Technology Control Regime (MTCR) and China's missile-related export controls, would be suitable for use in the guidance systems of ballistic missiles, cruise missiles, and unmanned aerial vehicles. We requested China investigate this information because ECL is associated with a network of Iranian-controlled front companies that procure sensitive goods on behalf of a number of Iranian entities of proliferation concern. 3. (S) Chinese officials agreed to investigate this information, but asked for additional details on ECL's relationships with firms in Iran (Ref B). To support their efforts in this case, we would like to inform them that ECL is part of a network of Iranian-controlled front companies that includes the Iranian firm Shahin Sefid Esta and the Malaysia-based front company Skylife Worldwide Sdn Bhd. This network procures sensitive goods on behalf of a number of Iranian entities of proliferation concern, including the United Nations Security Council Resolution (UNSCR) 1737-designated entities Shahid Hemmat Industrial Group (SHIG) and Ya Mahdi Industries. We want to provide this information to Chinese officials and emphasize that we believe the transfer of this controlled equipment to a company linked to UNSCR-designated entities would be prohibited pursuant to UNSCR 1737. 4. (S) Action Request: Request Embassy Beijing approach appropriate host government officials to deliver talking points/non-paper in paragraph 5 below and report response. Talking points also may be provided as a non-paper. 5. (S) Begin talking points/non-paper: (SECRET//REL CHINA) --In December 2009, we shared with you information regarding attempts by the Malaysia-based firm Electronics Component Limited (ECL) to buy TRS-500 gyroscopes from the Chinese firm VibTel Industrial Co. Inc. --TRS-500 gyroscopes are controlled by the Missile Technology Control Regime (MTCR) and China's missile-related export controls, and can be used in the guidance systems of ballistic missiles, cruise missiles, and unmanned aerial vehicles. --We also noted that ECL is associated with a network of Iranian-controlled front companies that procure sensitive goods on behalf of a number of Iranian entities of proliferation concern. --In response to this information, you agreed to look into this matter, but asked if the United States could provide additional details on ECL's relationships with firms in Iran. --We now want to provide you with additional information indicating that ECL is part of a network of Iranian-controlled front companies that includes the Iranian firm Shahin Sefid Esta and the Malaysia-based front company Skylife Worldwide Sdn Bhd. --This network procures sensitive goods on behalf of a number of Iranian entities of proliferation concern, including the Shahid Hemmat Industrial Group (SHIG), which is Iran's primary developer of liquid propellant ballistic missiles, and Heavy Metal Industries, a front company for the tactical missile developer Ya Mahdi Industries. --Both SHIG and Ya Mahdi Industries are sanctioned under United Nations Security Council Resolution (UNSCR) 1737. --Additionally, the TRS-500 gyroscopes are controlled items that would be prohibited from being exported to Iran under UNSCR 1737. --We hope this information is useful in supporting your efforts in this case and assists your ability to prevent the transfer of these gyroscopes by VibTel Industrial Co. to ECL. --We look forward to future cooperation on nonproliferation issues and to hearing the results of your investigation into this activity at the earliest possible time. End talking points/non-paper 6. (U) Washington POC is ISN/MTR John Paul Herrmann (Phone: 202-647-1430). Please slug any reporting on this issue for ISN/MTR and EAP/CM. 7. (U) A word version of this document will be posted at www.state.sgov.gov/demarche. CLINTON
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| Still say that 60% of what Malaysia Today writes are lies? Posted: 08 Jun 2011 08:55 PM PDT
In a filings with Bursa Malaysia yesterday, Ho Hup said the High Court had found that the company's previous board of directors had acted in breach of their duties to Ho Hup by committing Bukit Jalil Development to the JDA, and that Pioneer Haven had knowingly assisted in those breaches. Ho Hup entered into the JDA (via Bukit Jalil Development) with Pioneer Haven on March 16 last year, when Ho Hup was still under the management of former deputy chairman Datuk Vincent Lye. THE CORRIDORS OF POWER Raja Petra Kamarudin Only 40% of what Malaysia Today writes is true, said Mukhriz Mahathir, the future Deputy Prime Minister of Malaysia when Muhyiddin Yassin goes up to become Prime Minister -- if they can successfully oust Najib Tun Razak. Yes, that's right, there is a move to oust Najib. And there are hidden hands in Umno who are trying to force Najib's hand to call for the next general election on 11 November 2011. That's 11-11-11, a very auspicious date indeed. But the intelligence agencies do not agree. They are trying to convince Najib that if he calls for the general election this year rather than 2012 or 2013, then Barisan Nasional will suffer what it did in March 2008 and Najib would suffer what Abdullah Ahmad Badawi suffered soon after that -- he would be ousted from office. But then it is not up to Najib. It is not even up to Malaysia's intelligence agencies. It is up to Rosmah Mansor. And she would like to stretch her term -- yes, that's right, her term -- a little longer in case they fall flat on their face and have to leave office. An ex-Prime Minister's wife would not be able to receive loads of Birkin bags as presents from Vincent Tan at USD120,000 a piece. And she does not have all the colours yet. Ask Tun Dr Mahathir Mohamad. He can tell you how shabbily he is being treated as an ex-Prime Minister by people who control Berjaya, YTL, Ho Hup, etc. At one time these people were grovelling at Mahathir's feet. Now they won't give him the time of day. Such is the fate of ex-Prime Ministers and Rosmah is not about to suffer that same fate. The 3M team of Mahathir, Muhyiddin and Mukhriz can only kick out Najib -- like what happened to Abdullah Badawi -- if Barisan Nasional performs badly in the general election. But if there is no general election then there is no excuse to kick Najib out. That is the bottom line. Anyway, back to the 40% true and 60% lies that Mukhriz said about Malaysia Today. Let us recap on some of the 'lies' we have spun thus far involving the Attorney-General, Tan Sri Abdul Gani Patail. When you are a friend of Gani Patail, you can buy yourself immunity from prosecution. That is why Tan Sri Tajuddin Ramli, former Chairman of Malaysia Airlines (MAS), is a free man despite having caused MAS to suffer losses to the tune of billions of ringgit. The national carrier almost went bankrupt if not for a government bailout. However, instead of charging Tajudin, Gani Patail charged the Police CCID Director, Dato' Ramli Yusuff, who had recommended that Tajuddin and his associates be prosecuted. When Malaysia Today revealed that Tajudin's proxy, Shahidan Shafie -- the ex-police inspector who was charged for bribery when he was OC Secret Societies in Johor Bharu -- is a close friend of Gani Patail, and that they went to Mecca together, the MACC quickly cleared the AG. And do you want to know why? This is because the usual 'you scratch my back, I scratch your back' deal has been struck between the MACC and the AG who will now make the Police tailor its investigations to show that Ahmad Sarbani had committed suicide. That will be the evidence presented to the Coroner at the Inquest to ensure a finding that the cause of death was suicide. Tabung Haji's documents show that Shahidan went to perform the Haj as Gani Patail's family When Malaysia Today exposed that Gani Patail dabbled not only in national politics but also in corporate politics -- to tilt the balance of power in a corporate tussle involving Ho Hup Bhd -- Gani Patail went to Ho Hup's office as a show of support for his friend, Datuk Vincent Lye, who was having a shareholders' fight with Datuk Low Tuck Choy, better known as Dato' TC Low. AG Gani Patail with Vincent Lye at Ho Hup's office Dato' TC had alleged that Gani Patail's friend, Vincent Lye, tried to fleece Ho Hup Bhd by defrauding the company to enter into a lopsided and disadvantageous contract with Malton Bhd. Vincent Lye had signed a deal to surrender Ho Hup's 60-acre freehold land in Bukit Jalil worth RM4.2 billion to Malton. After signing that contract, Vincent Lye was sacked by the company's shareholders in an EGM. However, instead of charging Vincent Lye for fraud, and to tilt thing things in Vincent Lye's favour, Gani Patail charged Dato' TC Low -- for a very minor technical offence -- in order to disqualify him from being a director in the company. Yesterday, the High Court confirmed that what Vincent Lye did was wrong and declared that the contract entered into by Vincent Lye was null and void. So there you are. Which 60% of this story is a lie? Anyway, read The Star news report below: ***************************************** Ho Hup wins suit, court declares deal null and void, firm can revamp The Star, Wednesday, June 8, 2011 PETALING JAYA: After more than a year of litigation, the Kuala Lumpur High Court has finally ruled in favour of Ho Hup Construction Co Bhd by declaring null and void a joint development agreement (JDA) between the latter's 70%-owned subsidiary, Bukit Jalil Development Sdn Bhd, and Pioneer Haven Sdn Bhd, a wholly-owned unit of Malton Bhd. The finalisation of the court decision would enable Ho Hup to proceed with its financial regularisation plan, which had been delayed pending the outcome of the suit. Ho Hup had been working to regularise its financial condition since being listed as a Practice Note 17 (PN17) company in July 2008. "With the JDA reversed, the full development rights of the valuable, prime piece of land would revert back to our subsidiary Bukit Jalil Development," Ho Hup executive director Derek Wong said in a statement yesterday. "This means we can fully leverage on this prized asset to restructure the company's debts and regularise our operations and financial condition," he said, adding that the company would now focus on finalising details of its PN17 regularisation plan and submission to the authorities. Ho Hup made a requisite announcement of its PN17 regularisation plan in early March 2011 involving the restructuring scheme for creditors for the company as well as that for Bukit Jalil Development. Ho Hup and Bukit Jalil Development reportedly had outstanding debts worth RM329.2mil in the form of secured and unsecured loans as to date. In a filings with Bursa Malaysia yesterday, Ho Hup said the High Court had found that the company's previous board of directors had acted in breach of their duties to Ho Hup by committing Bukit Jalil Development to the JDA, and that Pioneer Haven had knowingly assisted in those breaches. "Significantly, the High Court found that the JDA, was in substance, a disposal of Bukit Jalil Development's 60-acre land bank, and as such, required the approval of shareholders under section 132C of the Companies Act." "As no such approval was obtained, the joint development agreement and other associated instruments were null and void for contravening the law," it said, adding that the High Court had ordered the private caveat lodged by Pioneer Haven be expunged." Ho Hup entered into the JDA (via Bukit Jalil Development) with Pioneer Haven on March 16 last year, when Ho Hup was still under the management of former deputy chairman Datuk Vincent Lye. The deal was supposed to see the partners jointly develop the freehold land in Bukit Jalil into a mixed commercial and residential project. Substantial shareholder Datuk Low Tuck Choy, who was also a former managing director of Ho Hup, as well as several other shareholders, had objected to the deal, claiming that their approval was not sought. Shareholders who objected the deal also believed that it would be more profitable to Ho Hup if the company had opted to sell or develop the land on its own. Now that the JDA has been declared null and void, Ho Hup indeed would have the option to develop Bukit Jalil on its own. According to Wong, the masterplan to develop the Bukit Jalil site into a mixed commercial and residential project had been conditionally approved by City Hall. "The land is within a prime location and will be developed in six phases over 10 years with an estimated gross development value of RM4.2bil," he said in the statement. "We are looking at a sales launch, possibly in the fourth quarter." |
| A political party is just like our car, a mere vehicle Posted: 08 Jun 2011 01:00 AM PDT
If it works, keep it. If it breaks down, change it. Make it work for us. Don't become a slave of our vehicle. And make sure that politicians understand that this is how we are going to play the game from hereon. We need to be ruthless and mercenaries. Then we will get a good deal. If not we will get a raw deal. And that will make us worse than prostitutes. THE CORRIDORS OF POWER Raja Petra Kamarudin Many people do not understand what slavery and bondage mean. There are many forms of slavery and bondage. We have sex slaves. Economic slavery. Then we have mental bondage. Mental bondage in itself comes in many forms. Denying the people an education or a proper education is one form of mental bondage. Uneducated people can't think for themselves and their minds can be manipulated. Then we have another form of mental bondage perpetuated by religion. Much in religion is about reducing us to slaves. We are told what we are allowed to think and most times we are not allowed to think. And we are told we must not rationalise but accept the unproven based on 'faith'. Faith is the word used to explain the absence of evidence. Economic slavery is another very popular and effective form of slavery. If people are too economically independent then they become a political problem to the ruling elite. Better the people are poor and dependent on the government. Then they become compliant. (Does the NEP ring a bell?) Developed countries see changes in government every election or every few elections. Poor countries see the same government for decades, sometimes for 50 years without change. Then there is another form of bondage and slavery, which I want to talk about today. And this is political slavery. We are told that only Umno can look after Malay interests, or only PAS can safeguard Islam, or only PKR and DAP can guarantee us multiculturalism, or only MIC can protect the Indians, or only MCA can defend the Chinese, or whatever. Actually, the truth is, Umno, MCA, MIC, PKR, DAP, PAS, Gerakan, PPP, PBB, SNAP, SUPP, LDP, PRS, SPDP, UPKO, PBS, PBRS, KITA, PRM, PSM, MDP, SAPP, BERJASA, HAMIM, (all the two dozen or so political parties in Malaysia) have only one purpose in mind. And that purpose is to seek power. They are all political parties, nothing more and nothing less. And the job of political parties is to get into power. Let's not believe the bullshit that they are here to serve us. Political parties serve themselves. And they use us to get into power. Many working-class Malaysians suffer and struggle to pay for their motorcar. Sometimes half their salaries or more go towards paying and maintaining their car or cars. Why is this so? A car is merely a convenience. It is a vehicle to get us from point A to point B. It is a tool to enable us to go to work. So why are we working for our car instead of making our car work for us? It appears like we are tools of our cars instead of our car being a tool for us. We should not be emotional and sentimental about our car, a mere vehicle for our convenience. But that is not how most Malaysians view it. And that is why we work for our cars instead of making our car work for us. A political party is also a tool. It is a convenience. It is merely a vehicle to enable us to get from point A to point B. So we should not also be emotional and sentimental about political parties. Being a tool or vehicle, we should make the political parties work for us. We should not work for the political parties. A political party must serve us. It is there merely to fulfil a purpose. And this purpose is to run the country the way we want it to be run. It does not matter which political party we give that job to, just like it does not matter what car we drive. A political party, just like our car, is a convenience, a mere vehicle to help us achieve our objective. A political party, like our car, is not the objective. It is a means to an end. Let us not be emotional or sentimental about political parties, just like we should not be about our car. If our car can do the job we keep it. If it breaks down we repair it. From time to time we service it to prevent it from deteriorating or breaking down. If it becomes a problem we get rid of it and buy a new one. If a better model or make comes along we get rid of our old and problematic car and opt for the latest. That is how we should treat our cars. And you should not suffer by working long hours just to pay for your car. A car enables us to get to work. We should not work so that we can pay for the car. And we should not burn all our salary just to pay for the car. That is also how we should treat political parties. If it works, we keep it. If it breaks down, we get rid of it. If it can do the job, fine. If not, then why bother with it? We must use political parties. We should not allow political parties to use us. Political parties want only one thing, to get into power. And they will use us to get into power. So we must be smart enough to use them instead. We know what political parties want. That is fine with us. But we should make them work for it. We should turn them into our slaves. Make them crawl on the ground and beg and kiss our feet. We should not instead become their slaves. At least prostitutes know what to do. They know you want their pussy. So they open their legs and let you have what you want. But you have to pay for it because what they want is your money. And they make sure you pay dearly for it. Prostitutes do not open their legs and then pay you money as well. You pay. So why are we allowing political parties to screw us and then we pay them on top of that instead of making them pay? That makes us worse than prostitutes. And we have the cheek to look down on prostitutes when they are smarter than us? I am not emotional or sentimental about any political party. If they do the job I expect them to do then they get my support and vote. If not then I trade in this old and problematic 'car' for a new one. (Incidentally, since 1974 to 1994 I voted for PAS is Kampong Kolam in Terengganu and since 1999 till 2008 I voted for PKR in Subang USJ9). Anwar Ibrahim has changed 'cars' before when the old one broke down. So has Tengku Razaleigh Hamzah. The first Prime Minister Tunku Abdul Rahman did the same thing, as did the third Prime Minister Hussein Onn, and his father before him, Onn Jaafar. Dr Mahathir Mohammad changed 'cars' many times. Rais Yatim, Shahrir Samad, and many cabinet ministers -- as did many PAS leaders, party presidents included -- went that same route. So you see, if it works, keep it. If it breaks down, change it. Make it work for us. Don't become a slave of our vehicle. And make sure that politicians understand that this is how we are going to play the game from hereon. We need to be ruthless and mercenaries. Then we will get a good deal. If not we will get a raw deal. And that will make us worse than prostitutes. |
| WIKILEAKS: Perak episode sets a dangerous precedent Posted: 07 Jun 2011 01:00 AM PDT
A well-financed political coalition could persuade members of Parliament to support the other side, shifting power through undemocratic means, as many allege occurred in Perak. Before this Federal Court decision, the assembly would have instead been dissolved for fresh elections, but now the sultan can legitimize the takeover without voter input. THE CORRIDORS OF POWER Raja Petra Kamarudin C O N F I D E N T I A L SECTION 01 OF 03 KUALA LUMPUR 000092
SIPDIS
FOR EAP/MTS AND INR
E.O. 12958: DECL: 08/19/2019 TAGS: PGOV, PREL, KJUS, MY SUBJECT: COURT DECISION ON STATE POWER PLAY ENDS LEGAL BATTLE, BUT SETS WORRISOME PRECEDENT
REF: A. 09 KL 342 -- PANDEMONIUM IN PERAK STATE ASSEMBLY B. 09 KL 78 -- NAJIB LEADS TAKEOVER IN PERAK C. KL 20 -- WHAT IS GOING ON IN MALAYSIA?
Classified By: Political Counselor Brian D. McFeeters for reasons 1.4 b and d.
Summary and Comment 1. (SBU) Malaysia's Federal Court, the highest level in Malaysia's judicial system, announced on February 9 that the Sultan of Perak had the legal authority to appoint a new Chief Minister in his state, as he did in February 2009, after concluding that the ruling National Front (BN) coalition commanded the majority of seats in the Perak state assembly. The case effectively ends the Perak constitutional crisis, which has been simmering since three opposition politicians declared themselves independents friendly toward BN, tipping the balance of seats in the state assembly toward BN (refs A and B). The Sultan came under unprecedented scrutiny because replacing a Chief Minister is not specifically mentioned in the state constitution. The opposition coalition People's Alliance (PR) announced that they would no longer contest the issue as they had vigorously done for the past year, and instead work alongside the BN for the benefit of the people of Perak, if certain conditions were met. A recent independent poll confirmed that most Perakians believe that the only way to fairly resolve this crisis would be to hold snap elections in the state, which the BN has announced they will not do prematurely. 2. (C) Comment: This Federal Court decision in the BN's favor raises renewed questions about the independence of the Malaysian judiciary, already in question in connection with the Anwar Ibrahim trial and other cases (ref C). While the GOM argues that the decision is based on a sound interpretation of the Perak constitution, opposition figures disagree and argue the decision legitimizes political maneuvering to change the results of democratic elections, setting a dangerous precedent by implying that the King could remove the Prime Minister, without a no-confidence motion in Parliament. A well-financed political coalition could persuade members of Parliament to support the other side, shifting power through undemocratic means, as many allege occurred in Perak. Before this Federal Court decision, the assembly would have instead been dissolved for fresh elections, but now the sultan can legitimize the takeover without voter input. End Summary and Comment. The February 9 Decision 3. (U) The Federal Court ruled on February 9 in a unanimous 5-0 vote that the Sultan of Perak, Azlan Shah, had the authority to appoint a new Chief Minister if he believed that a different political coalition commanded the allegiance of a majority of seats in the state assembly. In announcing its decision, the Federal Court confirmed that the Sultan was correct in his February 6, 2009 decision to verify that veteran politician Zambry Abdul Kadir, a member of UMNO (the United Malays National Organization -- the dominant political party in the BN) had the support of a majority of the members of the state assembly, replacing Mohd Nizar Jamaluddin. The switch in support came after three members of the People's Alliance simultaneously declared themselves to be independents friendly to the BN in early February 2009, a maneuver that is widely believed to have been driven by the BN. Zambry's attorney Cecil Abraham went to great lengths to stress that "this decision is binding on the state government and the federal government." Predictions and Reactions 4. (C) Poloff and Pol Specialist visited Perak from February 1-3 (to be reported septel) and discussed the (then upcoming) February 9 Federal Court decision with politicians and attorneys familiar with the case. Nizar's lead lawyer Chan Kok Keong told Poloff ahead of the February 9 decision that he was certain the judges would rule in favor of Zambry. He opined that it would not be a "constitutional decision" but rather "a political decision." Chan pointed out that when he and his legal team were making their submission at the Federal Court, all five judges "were extremely hostile" to them. Chan added that by ruling in Zambry's favor, the Federal Court "will be rewriting its own decisions and the constitution." Former Chief Minister Nizar told Poloff that a ruling in favor of Zambry would result in "the Prime Minister or the Chief Minister holding office at the pleasure of the King or the Sultan." Nizar added that this would set a "dangerous precedent." DAP Vice President and Member of Parliament from Perak Kulasegaran also told Poloff ahead of the decision that the courts would favor Zambry because "the political stakes are too high for Prime Minister Najib." Poloff also spoke with Zambry's political secretary Abdul Rahman and the assembly speaker S. Ganeson; both expressed confidence that the court "will make the right decision" by ruling in favor of Zambry. 5. (U) After the February 9 decision, BN Chief Minister Zambry was quoted in the media on saying he was thankful for the court's decision, adding that "hopefully all parties can accept this decision and this political crisis in Perak can finally be put to rest." Prime Minister Najib appealed for everyone to respect the court's decision, commenting "We have to accept the decision of the country's highest court. The issue and saga of who is the right Chief Minister of Perak has been decided, and I hope they (the opposition People's Alliance) accept this decision." National opposition leader Anwar Ibrahim slammed the decision, claiming UMNO "does not have the courage to face the people" in elections. Democratic Action Party leader Lim Kit Siang called the verdict "legalization of BN's coup d'etat." Former de facto law minister Zaid Ibrahim called the decision "warped legal reasoning" done for "political expediency." Nizar: Will Work with UMNO in Perak, but with Conditions 6. (SBU) Former Chief Minister Nizar convened a special meeting of state PR leaders on the day of the Federal Court's ruling, announcing that the opposition would give its full cooperation to the BN government in Perak. He said, "for the good of Perakians, we have decided to become a strong opposition in the state assembly and lend our services to the Barisan National government in implementing policies that are good for the people." Nizar, however, caveated that the opposition would only give its full cooperation if Zambry's government agreed to four conditions. First, they must allow opposition parties to use public premises for the purpose of hosting functions; second, they must give memberships to opposition assemblymen to special committees; third, they must provide all opposition assemblymen with allocations of RM 150,000-RM 200,000 (approximately $40,000 to $55,000 USD) per year; and fourth, the BN must base its administration "on the principles of honesty, integrity, transparency, justice, and welfare." Chief Minister Zambry responded on February 10 by stating "we have never discriminated against them on the allocations, so no need for conditions. We must help the public. That's the yardstick." (Note: The BN traditionally only grants "development funds" to constituencies held by BN representatives. Just prior to the takeover last year, former Minister in the PM's department Ahmad Zahid Hamidi -- who is now the Minister of Defense -- announced that each BN assemblyman would receive RM 300,000, while the other constituencies would receive nothing. End Note.) Poll: Decide Through an Election, not a Court Decision 7. (U) The independent Merdeka Center announced results of a poll taken of Perak voters on February 5, in conjunction with the one year anniversary of the BN's takeover of the state. Among the key findings of the poll: 74% of the respondents feel that fresh state elections are the best way to resolve the political crisis in Perak; 65% of respondents believe the Perak political crisis remains a relevant issue after one year; and 60% place a higher priority on having a democratically elected government than on improving the economy. Looking Ahead 8. (SBU) Although it appears that both sides want to move ahead, there are still two pending legal cases that could, theoretically, result in a shift in power. The first case involves a lawsuit by former state assembly Speaker Sivakumar, who was not initially removed from his position until after the first state assembly session under Zambry was conducted. As speaker, Sivakumar held the power to suspend people for contempt; during the first meeting in April 2009, he suspended Zambry and six others for assuming their new positions before the initial court decision (Nizar v. Zambry) was complete. Although it is unlikely the courts will find in favor of Sivakumar, if they do it is possible that his authority to suspend Zambry and six others will stand, thereby giving Nizar the majority of seats again. The second case concerns the alleged resignations of the three state assemblymen who defected from the PR. Just prior to the defections, Nizar claimed that the three had resigned from the state assembly, and held undated letters of resignation from each as proof. The Election Commission, however, did not accept these letters as legitimate and refused to call for elections to replace the three. The PR filed a lawsuit for the letters to be recognized as legitimate, currently under judicial review at the Federal Court. All legal decisions on this lawsuit thus far have rejected the PR's assertions. KEITH
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