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BREAKING NEWS: AG Gani Patail Loses Appeal VS Dato Ramli Yusuff!!
DATUK DOUGLAS CHENG MARRIED CHARLENE YEO ON 11 JUNE 2011 AT SHANGRILA HOTEL
Time to Mobilize the 45%!
Part II shadow national debts and other obligations
Equality before the Law: The Case of Khir Toyo and Others less fortunate
Anwar jangan kacau Bersih!
The Way Forward That Ibrahim Ali Doesn't Faham

BREAKING NEWS: AG Gani Patail Loses Appeal VS Dato Ramli Yusuff!!

Posted: 19 Jun 2011 07:13 PM PDT

Just an hour ago, the Court of Appeal sitting in Kota Kinabalu made it clear and in no uncertain terms that it would not condone AG Gani Patail's malicious conduct against Dato Ramli and dismissed AG Gani Patail's appeal.

These are the judges of the august Court of Appeal:

The Honourable Dato' Haji Datuk David Wong Dak

The Honourable Judge Dato' Mohamed Apandi bin Haji Ali

The Honourable Judge Datuk Sulong bin Matjeraie

(Kota Kinabalu, Sabah)

Appearing for the AG's office was DPP Ahmad Bache while Dato' Seri Shafiee Abdullah represented Dato' Ramli.

Readers would remember that IGP Musa Hassan and AG Gani Patail had used the MACC to fix-up Dato' Ramli Yusuff who was then the Director CCID in order cover up for their involvement in the release of a gambling syndicate operator, Goh Cheng Poh @ Tengku Goh and the MAS Scandal. Instead of charging the real crooks, they charged the Dato Ramli! With that they managed to close both cases.

Posted: 19 Jun 2011 05:25 PM PDT

From left, Maira Nazarbayev from Kazakhstan whose son Daniyar will marry Datuk Seri Najib's daughter Nooryana Najwa, her son Khanbolat Nazarbayev, mother of the bride Tan Ai Lee, mother of the groom Datin Chee Mae Cheng, First Lady Datin Seri Rosmah Mansor, radiant bride Datin Charlene Cheng, handsome groom Datuk Douglas Cheng, the Honourable Prime Minister of Malaysia Datuk Seri Najib Tun Razak, host and father of groom Datuk David Cheng, his younger son Andrew Cheng, father of the bride Datuk Yeo Lai Teck and Mark Yeo.

READ MORE HERE

Time to Mobilize the 45%!

Posted: 19 Jun 2011 11:07 AM PDT

In a clear appeal to the frustrated 45% of the electorate who voted for the opposition, but were rewarded with just a relative handful of seats, he said Sarawak must develop a new 'culture of volunteerism' to counter the corruption of money politics and passive voters. He told Sarawak Report:

"Mobilization of the 45% support is crucial..Volunteerism is not a common culture in this part of the world. So we need to explain the need to mobilize people on the ground together to bring the change we all desire. It needs conviction from within to a cause, or else people would always expect to be rewarded or paid for whatever they do. We need therefore to do our best to convince people that we are doing all these for the good of all and the generations after us".

The PKR leader, who enters the DUN for the first time as one of 3 rural representatives who succeeded in wresting seats from BN's grasp, also makes a clear play for more practical support from urban voters.

The opposition, represented by DAP, triumphed in nearly all the city seats, because the towns have a far greater awareness of political issues and a more developed political machinery. However, with so many rural seats in the hands of BN's traditional power-brokers, Baru Bian asserts that it is in the interests of town activists to do more to help PKR's efforts to win more seats in the upcoming Federal Election. Many of the rural seats delivered strong votes for the opposition, narrowly missing victory - with more support they could win next time round.

"DAP can assist PKR or PAS to win by providing financial support and personnel to assist in the campaign and perhaps also on logistics", he explains.

The PKR leader carefully talks up the unity between the opposition parties in this interview, despite recent reports of spats and conflicts. He accepts the reasoning behind DAP's overtures towards SNAP and focusses on his own appeal to the young people of Sarawak to unite to behind his dream of ending corruption and bringing back a fair deal for Sarawak under the 20 point agreement. Should the opposition take power, he says that the first moves would be to restore the wealth stolen by current BN leaders and to work:

Posted: 19 Jun 2011 11:01 AM PDT

Last week, after pointing out the relatively obvious Hutang Dalam Negeri Kerajaan Persekutuan that was not commented in PM's trumpet blowing, the trick is to identify where else our liabilities are hidden.

Firstly, some economics 101:

Public goods – goods and services that should preferably be provided by public sector rather than private entrepreneurs at no profit. It is a social responsibility to ensure equity (fairness) in a free economy market. Traditionally these items are provided by the state from tax payers' contribution for the common good where the rich subsidise the poor and not at a profit. Examples of such goods and services are public roads, utilities, postal services, health and education services.

Another reason is that it is not practical for private sector to provide such services e.g. police and security forces. (Although Malaysian defense contracts have famous ways – all the way to France - of going about such things)

In Malaysia, Mahathir administration started an irreversible tsunami of privatization like Indah Water, Tenaga, Telekon, Alam Flora etc. One argument is that corporate taxes is lowered by such privatization because the government is relieved of its duty to provide them.

Fine, then how come successive Badawi and Najib administrations have tried so hard to widen tax collection via GST, raised the service tax percentages and introduced credit card taxes?

I have taken a cursory examination of hidden national debts as a result of the above mentioned privatization trend. If a good or service was and still can be provided by the state at no profit, and this function has been taken over by private sector, then borrowings incurred by these companies are repaid by consumers who have no choice but continue to purchase these goods and services.

Base on the limited research I could do with published audited accounts and common knowledge, I have identified some well known private companies who took over various state functions at a profit and incurred borrowings.

Some of them are self explanatory and obvious like Pos Malaysia, Tenaga and Telekom. Proton is something that Mahathir should never tried in the first place but we have to pay for it while Ahmad Zaki Berhad gets most of their revenue from JKR projects, Faber Group are steep in health care, facilities management of LRT while KUB's role is revealed further below.

Base on my previous articles, PAAB and MyEG are probably going to increase their borrowings very significantly to RM20 billion and RM100 million respectively.

My very crude calculation is that every Malaysian is saddled with RM1,750 worth of national debt hosted by private companies which are basically more costly government function. This debt can increase up to RM2,228 per person, excluding interest and related professional charges associated with huge syndicated borrowings such as legal fees, consultancy fees and bank charges.

I have barely scratched the surface. Further hidden from the public are examples like Indah Water Konsortium, Puspakom (which is consolidated under MRCB), Pharmaniaga etc as well as those sendirian berhads functioning as custodian of UMNO's business interest like Temasek Padu Sdn Bhd.

Maybe readers out there can add onto the list like UEM, Peremba, Gamuda, Prasana, Alam Flora etc. It is endless and quite frightening to think about it.

Without a change of federal government, there is no way to get most of the picture out for public scrutiny and examination.

Price of goods and services the man and woman in the street have to pay for needs to cover the fat executive salaries*, principal and interest of the hidden nation debts, compliance cost of a listed company, market-base salaries with no retrenchment, advertisement costs, rent seekers (like the IPPs) so that the companies will have enough money to pay dividends and re-invest.

* example of Tenaga's director remuneration (click on the pix for a better view & see how much a director can get and see how many directors they have...do we need so many of them?) :

Privatisation also means the profits of the companies are taxed so in fact Malaysians are actually being taxed at a higher level as these companies have to factor in corporate taxes in their pricing structure.

All the above would actually more than offset cost of the previous structure where civil servants who are entitled to pensions but considerably less salaried and there is no profit and no corporate tax.

To illustrate what I am trying to say, see below:

In the extreme case of Plus, in 2009, the dividend it paid shareholders amounted to some RM800 million, equal to the amount of "compensation" paid by the Barisan Nasional administration on our behalf.

Equality before the Law: The Case of Khir Toyo and Others less fortunate

Posted: 19 Jun 2011 03:00 AM PDT

From Kampong Boy to Menteri Besar

Khir Toyo was riding high then. After all, this was a rags to riches story – of a kampong boy who rose to become MB Selangor, the most prosperous and advanced state in Peninsular Malaysia. He became MB at a blink of an eye. He was an "Anak Wak Jawa Totok" (a Javanese country mouse's son) who made good. He was the epitome of the New Economic Policy (NEP) which had enabled him to enter University of Malaya, graduate a 3rd grade dentist and move on to become MB of Selangor. His transformation from an ugly duckling into a handsome swan was very fairy tale like, although he insisted it was due to his tempe eating habits (soya bean cake eaten by Javanese ethnic).

I do not have a problem with Khir Toyo's new good looks as my concern is about good governance. Just like watching movies about Werewolf, Dr Jekyl and Mr Hyde and The Incredible Hulk, it would be incomplete if we do not also see the special effects of visual transformation to understand how a man becomes a wolf or how mild mannered Dr Bruce Banner can become a green monster in The Incredible Hulk. So also, it would help to understand how Khir Toyo's internal transformation is also related to his external appearances, as can be seen from this picture montage of him:

Lord Acton said: "Power Corrupts, absolute power corrupts absolutely". That is what happens to the holder of the MB Selangor post. From the time of Dato' Harun Idris and even before that, the MB Selangor is a very powerful post because Selangor is a very rich state. The richer the state, the more there is to plunder, and the more one plunders, the more powerful one becomes! That is power law in operation.

Also the Story of CM Pehin Sri in Sarawak

Thus, the rags to riches part also seems to be true in Khir Toyo's story. That is not just the story of Selangor but also of Sarawak. Despite all that have been said of the plundering by CM Pehin Sri Haji Abdul Taib bin Mahmud, every Sarawak citizen knows that the MACC would not dare move against him.

Taib Mahmud would only be hauled up if he continues to fund opponents who wish to topple PM Najib as retaliation for the humiliation that PM Najib inflicted on him during the recent Sarawak State Elections.

Khir Toyo's Excesses known before GE12

Khir Toyo's excesses were already exposed even before GE 12 in 2008. However, either due to sheer arrogance or because it was not politically expedient to remove him, UMNO tolerated him. That proved to be very costly when on March 8, 2008, Selangor fell to Pakatan Rakyat . The Select Committee on Competence, Accountability and Transparency (SELCAT) probe exposed that Khir Toyo treated the state's finances like his own personal coffers. His excesses of using state funds were just amazing and included expensive trips overseas to Paris, Tokyo, Morocco and Hong Kong and the infamous RM 1.8 million trip to Disneyland.

Khir Toyo was adamant that SELCAT was politically motivated by Pakatan Rakyat's new MB Selangor, Tan Sri Khalid Ibrahim, and that SELCAT did not get the approval from the A-G to be set up. Khir is on record as saying that "Any law that involves enforcement must be done by the Federal government first of all. They have said they want to jail people and stated that they can jail up to two years and fine RM2,000. Who is going to jail the person? Does the state have the authority to do this?"

Very brave of a man already shown to be plundering state coffers. Was it because AG Gani Patail was behind him and had advised him to say all that?

Khir Toyo must have enjoyed a certain immunity. How else do you explain his arrogance when confronted with all these excesses including his RM 24million Bali Palace. It was so laughable when he explained that his wealth came from his dental practice!

Despite all the information available in public domain medium, the MACC was reluctant to take action against Khir Toyo. This seems to be the case whenever a VVIP aligned to the political powers or to A-G Gani Patail is involved. We saw that happening in the MAS Scandal. In Tun Dr Mahathir's memoirs "A Doctor In The House", Dr Mahathir made fun of Tan Sri Tajudin Ramli's claim that he was doing National Service when he plundered MAS.

Tajudin is still a free man today because he has a strong cable with AG Gani Patail through one Shahidan Shafie, an ex-Police Inspector once charged for accepting bribes in releasing some Johor secret societies gang members.

There are just too many allegations of selective prosecution by the MACC and A-G Gani Patail. It seems A-G Gani Patail even takes sides in corporate tussles involving his friends like what happened in the case of Ho Hup Bhd.

A-G Gani Patail and Friend at Ho Hup

Khir Toyo's immunity with the MACC and A-G Gani Patail, even caused Marina Mahathir to comment: "I'm just wondering why the MACC hasn't pulled him up for questioning yet. Or do they actually find his explanations plausible?"

It seems that a deal has been cut and Khir Toyo will walk away. This makes a mockery of PM Najib's Government Transformation Plan (GTP) which made eradication of corruption as one of the NKRA. Under severe criticisms, PM Najib Tun Razak had to deny that the decision to charge Khir Toyo was a gimmick by UMNO-BN. PM Najib said that it was an independent decision by the MACC and A-G Gani Patail.

So, this was an independent decision by A-G Gani Patail? If so, why did A-G Gani charge Khir Toyo under Section 165 of the Penal Code? Why not charge Khir Toyo under the MACC Act? My lawyer friends explained that a charge under Section 165 of the Penal Code provides for only two 2 years maximum penalty. A deal has been cut, that's why.

Section 165 Penal Code states:

"Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any valuable thing, without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceedings or business transacted, or about to be transacted, by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punished with imprisonment for a term which may extend to 2 years, or with fine, or with both."

If Khir Toyo was charged under Section 16 of the MACC Act, he can be punished under Section 24 and would face a maximum of 20 years' imprisonment and a fine of not less than five times the amount of the bribe or whichever is higher. This means that they can put him away for good and seize all his ill gotten assets.

But MACC did not do that because Khir Toyo had cut a deal with A-G Gani Patail. That was why he was charged under Section 165 of the Penal Code and not under Section 16 of the MACC Act. The deal would involve Ditamas Sdn Bhd director, Shamsuddin Hayroni.

With public pressure mounting, A-G Gani Patail finally charged Khir Toyo with buying two plots of land in Section 7, Shah Alam lower than its market value. Hang on! The charge is for buying property cheap? Not for corruption?

The Razak Baginda Case

It was the same thing that A-G Gani Patail did in the Altantuya murder case. Originally, Razak Baginda was supposed to be released upon representation being made by another former DPP turned lawyer, Wong Khian Kheong. But when things got too heated up, A-G Gani proceeded with the case and organised it in such a way that Razak Baginda would be acquitted without his defence being called. Upon acquittal, Razak quickly left the country and A-G Gani Patail said that there would be no appeal because it was a finding of fact by the Court.

Khir Toyo's on-going trial also revealed something more significant. It revealed about Khir Toyo's using proxies and nominees to do things and hide assets. It is common knowledge that Khir Toyo uses Shamsuddin Hayroni and Datuk Sumadi Ismail to hold his assets in return for them getting projects in Selangor. And yet the MACC does not know?

Did A-G Gani Patail and MACC make Khir Toyo declare his wealth? If they did, how did they not discover evidence of all his wealth? If they did discover this evidence, why was Khir Toyo not charged for amassing extraordinary wealth? That would have been the foundation for making various charges under the MACC Act against Khir Toyo. Did the MACC freeze Khir Toyo's banking accounts and those of his spouse, relatives and associates? After all, that is the modus operandi of the MACC and A-G Gani Patail when they take action against the many Customs, Immigration and Police officers including the late Ahmad Sarbaini.

READ MORE HERE

Anwar jangan kacau Bersih!

Posted: 19 Jun 2011 02:36 AM PDT

Ibrahim turut membayangkan jika perhimpunan itu tidak dibatalkan, maka akan berlaku huru-hara.

"Tuan-tuan bayangkan perhimpunan BERSIH tidak dibatalkan, mereka teruskan juga, (mereka) tidak umum bahawa mereka akan batal pada 7 atau 8 Julai, saya percaya masyarakat Tiong Hua mungkin ramai-ramai, semua sekali, belilah bekalan makanan tambahan simpan di rumah.

"Apa sahaja boleh berlaku," katanya.

Dalam posting bertajuk "Tangkaplah! Bunuhlah!" 15 Jun lalu, saya ulang tulis:

Kalau benar tak kotor dan tak zalim, kenapa menggelabah sangat bila orang mahukan pilihan raya yang bersih dan adil? Mengapa sampai ke peringkat memberi isyarat bahawa puaknya hendak membakar kereta dan membaling batu untuk menghalang perhimpunan Bersih? Bila batu dibaling dan kereta terbakar, mungkin ada yang terbunuh. Takkan hampa nak bunuh diri sendiri. Nak bunuh kami yang berhimpunlah tu.

Bunuhlah!

Apa nak kisah, kalau puak Umno dan Perkasa bunuh aku kerana aku hadiri perhimpunan Bersih, bukannya depa nak kena apa-apa tindakan. Dah jenuh Presiden Perkasa, Datuk Ibrahim Ali ugut nak berbunuh-bunuh sana-sini, dia tetap bebas dan bermaharajalela. Sila baca "Home Minister, isn't Ibrahim Ali above the law?" dalam Malaysiakini 18/6/11.

Posted: 19 Jun 2011 02:28 AM PDT

Of course, in the way of today's Perkasa launch, Ibrahim was playing bomoh telling other races to stay home to avoid another May 13. But May 13 incident was already 42 years ago. Of course at that time it happened because people are poorly informed, but today's game is different because there is Internet to thank for. One of my Malay friends, did pointed out that Ibrahim and Perkasa are like salt in the soup. Too much, soup, and it will be too salty, in metaphor speaking, damaging the image of BN along the way if he goes too deep.

I told some people that I think that if Ibrahim Ali wants to march out to the streets, then fine by me, but he better watch out for himself because having done a heart surgery last year, he better not overstressed himself on that day including hollering that loud on a bullhorn, if Perkasa happens to carry it, lest he could find himself in a physical precarious situation.

The one thing that Braheng doesn't get it is that the May 13 scenario will never happen. Simple. PAS has pledged at least 100000 of their own people to come down on 9 July to help things out for BERSIH, voluntary and no money required. Just like the first edition. They would be the first line of protection indeed.

Back in October 2010, RPK wrote about something which mentions that May 13 version 2 will not be Non-Malays vs Malays, but it will be two groups of Malays fighting one another. I reproduce below second half of the article - The Confused Way Forward just to refresh our minds and as to point out that the way going forward that Braheng Ali doesn't get it at all.

READ MORE HERE

Kredit: www.malaysia-today.net

Isnin, 20 Jun 2011

Malaysia Today - Your Source of Independent News

Malaysia Today - Your Source of Independent News

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