| Authoritative Verdict Posted: 23 Jul 2011 12:19 AM PDT  (NST) - Let no one impugn its rigour, credibility and integrity when the proceedings were held in the open, the 124-page report made public, and no punches pulled in stripping bare the abuses of power. IT was a foregone conclusion that the verdict of suicide reached by the Royal Commission of Inquiry (RCI) would be unacceptable to the family of Teoh Beng Hock. After all, they have insisted that the 30-year-old had no reason to jump to his death. Certainly, as the cold-eyed forensic psychiatric evaluations revealed, Teoh was by no means suicidal. Nonetheless, no dispassionate observer can rule out with absolute certainty the fact that the torment, frustration and despair that he experienced under the "aggressive, relentless, oppressive and unscrupulous" questioning from the officers of the Selangor Malaysian Anti-Corruption Commission (MACC) could have become so overwhelming that he broke -- with heartbreaking results for his family and a lot of ill-tempered politicking for the nation.
Of course, homicides can be staged to look like suicides. But then again, suicides could also be made to resemble murders. True, as the family pointed out, there seems no reason for him to kill himself as he was going to get married the next day to the mother of his unborn child. But it's also just as true, as the RCI concluded, that the MACC had no reason to liquidate a potentially valuable witness. One may not be happy with the verdict and disagree with the findings. Certainly, they can challenge the decision through judicial reviews and appeals. But like it or not, the considered judicial opinion of this panel of distinguished judges and reputable forensic experts was delivered after a thorough, meticulous and conscientious examination of the two postmortems, the assessments of forensic pathologists and forensic psychiatrists, the testimonies of witnesses, and the statements in the written submissions. It has also been able to come up with a definitive answer that the Shah Alam magistrate's court failed to provide with its open verdict in January. Let no one impugn its rigour, credibility and integrity when the proceedings were held in the open, the 124-page report made public, and no punches pulled in stripping bare the abuses of power.
Rather, now that the RCI has closed the case as a suicide, the focus should be on the recommendations to seal the gaps in procedures and end the "blue wall of silence" in order to prevent ill-treatment of witnesses and suspects. As the report has singled out three MACC officers, the case has also become a question of their criminal responsibility for Teoh's death. This should be a matter for the police to investigate and the courts to decide rather than a matter of internal discipline to be dealt with behind closed doors.
|
| Public sees Najib as guilty in Scorpene deal, says Pakatan Posted: 23 Jul 2011 12:12 AM PDT 
By Clara Chooi, The Malaysian Insider KUALA LUMPUR, July 23 — Pakatan Rakyat (PR) leaders today warned Datuk Seri Najib Razak that the move to deport French lawyer William Bourdon last night has only confirmed his guilt in the eyes of the public. They told the prime minister that chasing Bourdon out of Malaysia would not absolve him of blame but, instead, would resurrect the ghost of Mongolian model Altantuya Shaaribuu. Altantuya, who was killed in 2006 and blown up with C4 explosives, has been linked to the government's controversial RM7 billion Scorpene submarines purchase from French defence company DCNS which is now under probe in France. The purchase was made while Najib headed the Defence Ministry. Bourdon, who is handling the case in France, was held by immigration officers yesterday morning upon landing at the KLIA in Sepang from Penang where he had briefed an audience on the progress of the probe. "This strange move would only fuel public suspicion that something is terribly amiss in the Scorpene case... which, of course, is linked to Altantuya's case. "Instead of coming clean, he (Najib) is trying to cover up the matter. Everyone knows that Bourdon will be in the country to explain the progress of the case, that he is trying to prise open the layers of secrets surrounding the Scorpene deal, which is related to the murder case," said DAP adviser Lim Kit Siang. Lim pointed out that Malaysians were already aware of the RM540 million in commission for the submarine deal paid to Perimeker Sdn Bhd, a company run by Abdul Razak Baginda, and are now demanding answers if the sum was paid as "corruption money". Abdul Razak, who was tried for abetting in Altantuya's murder but was later acquitted, was said to be Najib's close aide when the deal was made in 2002. "Najib has committed himself to fighting corruption so this RM540 million must be subject to a public audit. Was it justifiable? How was it spent? All these details must be scrutinised via an independent public inquiry so that Malaysians will know whether it was a genuine above-board deal," said Lim.
He castigated the prime minister for failing to address the matter and said that the government should not wait to be exposed in a foreign country but should initiate its own proceedings. "The French prosecution is trying to decide if there is a case to go to trial but why wait? Najib has the responsibility to answer to Malaysians. Establish a commission and give the full details of the procurement," said Lim. PKR vice-president Nurul Izzah Anwar agreed with Lim that Bourdon's deportation last night would return soon to haunt the Najib administration. She however warned that any information revealed in the French courts would eventually reach Malaysia and could not be swept under the carpet. "They (Najib administration) prefer to sweet dirt under the carpet... deport possible whistleblowers and gag such exposes through their control over the mainstream media. The fact that information is globally obtainable stops them dead in their tracks," she told The Malaysian Insider via SMS today. READ MORE HERE. |
| AirAsia Moves Corporate HQ from KL to Jakarta Posted: 22 Jul 2011 11:51 PM PDT  By Asia Sentinel With all the troubles he has had over the last two months, the confirmation Friday that AirAsia, arguably Malaysia's most vibrant private company, is moving its headquarters out of the country to Indonesia is one more blow. Tony Fernandes, AirAsia's group chief executive, confirmed the decision in Tokyo Thursday, saying the move is an effort to upgrade his company's image as a regional Southeast Asian airline rather than just a Malaysian carrier.
"I don't know whether Najib has been told or not," said a business associate of Fernandes in Kuala Lumpur. "But why should Tony care? There are solid business reasons for moving to Jakarta."
Najib has been on a whirlwind trip to foreign capitals to try and mend the country's image in the wake of a violent police crackdown on peaceful marchers seeking to present a petition to the country's king on July 9, asking for election reform. In a throwback to the 1980s, Malaysian censors blacked out details of a report about the march carried in The Economist.
That was followed on July 23 with the results of a royal commission of inquiry that concluded that a young aide to an opposition politician had been hounded so badly during a marathon interrogation over office spending that he threw himself out of a window and killed himself.
Then on Friday, immigration officials took William Bourdon, the leader of a team seeking to ferret out the details of a massive scandal involving defense procurement, off a plane in Kuala Lumpur, held him for several hours and ordered him deported via a flight back to Paris.
Fernandes characterized the move of the headquarters as a simple business decision to take advantage of Indonesia's vastly larger economy and population, which is nearly 10 times that of Malaysia's, although Malaysian annual per-capita gross domestic product of US$14,700 by purchasing power parity is much higher currently than Indonesia's at US$4,200. The size of the country, however, meant that the Indonesian economy was estimated by the CIA Factbook for 2010 at SS$1.03 trillion against Malaysia's US$414.4 billion.
AirAsia's decision to move the headquarters is a serious negative propaganda blow for Najib's 1Malaysia Plan, an intensive effort to lure foreign direct investment to Malaysia. In September 2010, the Malaysian government announced ambitious plans to mobilize hundreds of billions of dollars in private investment in an effort to move the country out of the so-called middle income trap, and double per capita income to push Malaysia into the ranks of developed nations by 2020.
AirAsia may well be the only Malaysian company besides the state-owned energy giant Petronas to have made an international impact – and Petronas does it by advertising intensively during Formula 1 races and by sponsoring a car – which Fernandes does as well. Launched in 2002 as a regional no-frills carrier with just two planes, AirAsia now flies 93 planes all over Asia. In addition, a long-haul service, AirAsia X, flies to Europe, Japan and Korea. The company earlier ordered 300 Airbus A320neos.to expand its routes across Asia and beyond.
It isn't just the publicity damage. In the past 10 years, according to report by the news agency Reuters, private companies invested just RM535 billion (US$172.4 billion), according to official data. Malaysia's private investment rate of about 10 percent of GDP is among the lowest in Asia and a third of what it was before the 1998 Asian financial crisis. The government, according to Reuters, contributes around half the investment in Malaysia.
In addition, Malaysia has long been plagued by capital flight, which has been generally regarded as an indication of lack of faith in the country on the part of its businessmen, although in Malaysia's case the bulk may well be from stolen timber leaving the country from Sarawak and Sabah. Nonetheless, the US-based financial watchdog Global Financial Integrity estimated in a 2010 report that as much as RM888 billion (US$298.3 billion at current exchange rates) had left the country between 2000 and 2008. Illicit financial flows generally involve the transfer of money earned through illegal activities such as corruption, transactions involving contraband goods, criminal activities and efforts to shelter wealth from tax authorities. READ MORE HERE. |
| Najib: Don’t dispute RCI report on Teoh Posted: 22 Jul 2011 11:48 PM PDT 
(Bernama) - KANGAR: Najib Tun Razak said today there should not be any more dispute over the report of the Commission of Inquiry into the death of Teoh Beng Hock, saying the findings were based on truth. The prime minister said the commission was formed in the name of the Yang di-Pertuan Agong and was an independent, just and credible body and that their findings would be the truth. "Don't question the findings because this will defeat the purpose of having the commission," he told a news conference here. He added that if the people continued to dispute the findings, what then was the alternative to establish the political aide's cause of death? He was asked to comment on the reaction to the commission's report unveiled on Thursday, with some disputing the findings that Teoh's death was suicide. The commission was headed by Federal Court judge James Foong Cheng Yuen and comprised Federal Court judge Abdul Kadir Sulaiman, former Appeal Court judge TS Nathan, Penang Hospital's forensic pathology consultant Dr Bhupinder Singh, Dean of Cyberjaya Medical Science College University and consultant forensic psychiatrist Prof Dr Mohamed Hatta Shaharom and Legal Affairs Division Director-General at the Prime Minister's Department Saripuddin Kasim. It was tasked with investigating the death of Teoh — political aide to Selangor executive councillor Ean Yong Hian Wah — whose body was found on July 16, 2009, on the fifth floor of Plaza Masalam in Shah Alam, Selangor. On the three officers of the Malaysian Anti Corruption Commission whose "relentless, aggressive and oppressive" interrogation techniques were blamed for driving Teoh to suicide, Najib said any action taken against them should be based on existing laws and regulations. - Bernama |
| Najib’s hypocrisy Posted: 22 Jul 2011 11:40 PM PDT  By Ronald Benjamin The statement by Prime Minister Datuk Seri Najib Razak that Christians have to respect Islam before they are respected is disappointing because one would have expected the prime minister to speak in an inclusive tone since he articulated the importance of a global coalition of moderates in his overseas trip. A leader who sincerely believes in moderation would have said that it is time for Muslims and Christians to work together to promote peace, justice and prosperity in the country. It is this type of statement that would have been most welcome instead of demanding respect on an imaginary assumption that Christians have no respect for Islam. How does he come to this type of conclusion? What is the evidence to show that Christians have no respect for Islam? The prime minister, from time to time, has shown that he is incapable of courage and honesty in dealing with religious matters as that would make him look weak among extremist elements in his party. This has made him a weak leader who is not capable of confronting extremism in his own party besides having a poor understanding of human rights. It reveals elements of poor governance. The question is why he has chosen a right-wing tone in conceptualising the relationship between Muslims and Christians, after establishing diplomatic relations with Vatican? Is it to show to right-wing groups that he is a firm Muslim leader in dealing with Christians, and diplomatic relations with Vatican have no bearing on current issues such as the usage of the word Allah in the Bible? Would this type of tone start the ball rolling for upcoming propaganda for the general election in ensuring the Muslim-majority vote? The characteristics of credible leadership are its ability to dialogue and proactively solve problems and take a principled and inclusive position on issues of great importance that has major implications on the future of the country in terms of the common good, and not take the country towards destruction by playing to the tune of influential extremist voices. A resolution on the usage of the word Allah in the Bible is a test of Najib's governance on whether common good would triumph over exclusivity. The so-called slogan of a coalition of moderates should start in one's own backyard. |
| Ambiga dedicates UK doctorate to Baharuddin, PSM 6 Posted: 22 Jul 2011 11:37 PM PDT  By Clara Chooi, The Malaysian Insider KUALA LUMPUR, July 23 — Datuk Ambiga Sreenevasan has dedicated her honorary law doctorate to the late Baharuddin Ahmad and the six Parti Sosialis Malaysia (PSM) leaders now held under the Emergency Ordinance. The Bersih 2.0 chairman also dedicated the award, conferred by her alma mater, the University of Exeter in the United Kingdom, to the "brave people of Malaysia" whom she said had overcome "fear of intimidation and harassment" when they dared to march with her on July 9. "The real heroes of that day are our friend and supporter Allahyarham Baharuddin Ahmad who paid the ultimate price in fighting a noble cause, the six members of the Socialist Party of Malaysia who, as we speak, sit in solitary confinement under preventive detention laws and finally the brave people of Malaysia who overcame their fear of intimidation and harassment to uphold their fundamental rights. "With all my heart, I dedicate this honour you have bestowed upon me to them," she said in her university acceptance speech received here today. She touched briefly on the events of July 9 but did not lash out at the Najib administration, choosing instead to honour Bersih 2.0 supporters and advise graduating law students to use their knowledge to fight injustices. "You have already heard of the events of July 9 in Malaysia. Whilst it brought out the worst in some, it brought out the best in others and this is where our hope lies," she said. The former Bar Council president has been the target of much criticism of late, with many anti-Bersih 2.0 parties calling for her head over the chaos that took place on July 9. Even Prime Minister Datuk Seri Najib Razak has been generously doling out accusations against Ambiga and her Bersih 2.0 movement, claiming the rally was an attempt to oust him from government. Ambiga, however, highlighted in her speech that not all of Najib's men were happy with how the administration had clamped down on the rally. "There were some in government who opposed the methods used to shut us down," she said. "Even doctors left their comfort zones to speak up against injustices. And of course there were the lawyers and the independent media who stood on the side of truth and justice." Ambiga also spoke on the "rule of law", saying that Malaysia's democracy was still being held back by repressive laws, turning it into a country that practises "rule by law". She cited the example of preventive detention laws that "lock people away without affording them the basic right to a trial", likely referring to the Emergency Ordinance and the Internal Security Act (ISA). Ambiga told graduating students that in their quest to uphold the rule of law and pursuit of profit, they should also be reminded of their role to fight injustices. READ MORE HERE. |
| Bar Council says MACC responsible for Teoh’s death Posted: 22 Jul 2011 11:31 PM PDT 
By Clara Chooi, The Malaysian Insider KUALA LUMPUR, July 23 — The Bar Council said today the Malaysian Anti-Corruption Commission (MACC) is fully responsible for the death of DAP political aide Teoh Beng Hock and urged the graftbusting agency and the government to issue public apologies. Council president Lim Chee Wee said the council did not agreed with the suicide conclusion made in the royal commission of inquiry (RCI) report released on Thursday as it was not supported by facts and the evidence. "It is very clear to the Malaysian Bar that full responsibility for Teoh Beng Hock's death lies squarely and solely on the MACC," he said in a statement today. As such, Lim (picture) said the officers named in the report should be punished immediately for committing offences under sections 304 and 304A of the Penal Code, namely for culpable homicide not amounting to murder and for causing Teoh's death by negligence. "The Malaysian Bar also calls on the government of Malaysia and MACC to consider offering an unqualified written apology to Teoh Beng Hock's family and to the citizens of Malaysia for his death and making reasonable recompense to Teoh Beng Hock's family in respect of his death," he said. Lim also rejected the notion that Teoh's "weak character" had led him to suicide, as described by Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Aziz when he announced the release of the RCI report. He pointed out that forensic psychiatrist Professor Paul Mullen had not testified that Teoh had a "weak character" and had not concluded that Teoh had committed suicide. On the other findings in the RCI report, Lim said the council had concurred with the royal panel that Teoh had been subjected to "aggressive, relentless, oppressive and unscrupulous interrogation" and that most of the MACC officers involved in the case were not credible as they "had the inevitable habit of lying". Lim said the council also agreed that the massive operation launched by the Selangor MACC at the time had been based on a mere belief without proper ground work or verification. The then-Selangor MACC deputy director Hishammuddin Hashim, he said, had been accurately described in the RCI report as "arrogant, given to falsehoods, untruthful and uncompromising" and "just too stubborn to retreat from his mistake in mounting such a massive operation". "Hishammuddin should be held responsible for the actions taken by him and his officers that led to Teoh Beng Hock's death," Lim agreed. The RCI report, which was released two days ago, ruled that Teoh committed suicide as a result of pressure from aggressive and prolonged questioning by MACC officers. The officers had wanted to pressure Teoh into becoming a witness in their case against his boss, Seri Kembangan assemblyman Ean Yong Hian Wah, for alleged abuse of public funds. READ MORE HERE. |
| MACC suspends three named in Teoh RCI report Posted: 22 Jul 2011 11:27 PM PDT  By Clara Chooi, The Malaysian Insider KUALA LUMPUR, July 23 – The Malaysian Anti-Corruption Commission (MACC) has suspended three graftbusters who were said to have pressured DAP aide Teoh Beng Hock into committing suicide in 2009. MACC said the trio's suspension is pending the outcome of an internal probe on the findings of the just-released Royal Commission of Inquiry (RCI) report into Teoh's death. "Pending the outcome of this report, all three officers will be suspended or barred from any investigation operation," the statement said. The commission said the special investigation team to conduct the probe will be led by MACC deputy chief commissioner (management and professionalism) Datuk Zakaria Jaffar. It did not state, however, the names of the trio but it is believed that they are former Selangor MACC deputy director Hishammuddin Hashim and enforcement officers Arman Alies and Mohd Ashraf Mohd Yunus, all of whom were named by the RCI. Upon completion, it said, a report will be sent to the agency's complaints committee comprising four independent individuals – former Court of Appeal Judge Datuk Mohd Noor Abdullah as chairman and three members, namely former Prime Minister's Department deputy secretary-general Datuk Muhammad Mohd Noor, former Public Complaints Bureau director Datuk Wan Abdul Wahab Abdullah and lawyer V. Ravindran. Apart from the internal probe, the anti-graft body also pledged to give its full co-operation to the police to carry out its own investigation on the three officers named in the RCI report. "We will not protect any individual that breaks the law. MACC would like to stress that we will not tolerate any officer found to be guilty of any crime or wrongdoing," it said. The RCI report into Teoh's death, released two days ago, ruled that the DAP aide had committed suicide as a result of pressure from aggressive and prolonged questioning by MACC officers. The officers had purportedly wanted to pressure Teoh into becoming a witness in their case against his boss, Seri Kembangan assemblyman Ean Yong Hian Wah, for alleged abuse of public funds. The RCI had also found fault with the MACC's techniques, saying that the graft officers on Teoh's case were not only brutal during interrogation but also had poor interview skills and viewed witnesses and suspects as "the enemy". It noted that the Selangor MACC's operation to obtain evidence to support its corruption case had led to the death of Teoh, whom it described in the report as "a young man in the prime of life who had everything to look forward to" and whose family had been "robbed" of a son, brother, husband and father. MACC said today it "accepts and views seriously" the royal panel's findings, adding that it has already moved to implement some of its recommendations and suggestions. READ MORE HERE. |
| Sarbani’s family wants Commission of Inquiry into his death Posted: 22 Jul 2011 08:35 PM PDT 
(The Star) - The family of late customs officer Ahmad Sarbani Mohamed are now calling for a Royal Commission of Inquiry (RCI) to investigate the circumstances leading to his death at the MACC building. Maziah Manap, 50 said her hopes to get justice over the death of her husband, Ahmad Sarbani, were wearing thin, alleging that police were not taking her statements seriously. "My family's hopes are getting dimmer especially since the findings of the Teoh Beng Hock RCI were made public," she told reporters after lodging a police report at the Kelana Jaya police station on Saturday. Maziah asked for a fresh investigations to be carried out over a remark made by an Malaysian Anti-Corruption Commission (MACC) officer about those responsible for her husband's death. "Until now the police did not record my statement regarding the officers remark, it wasn't me, it was my people', which he made to me when I told him I was dissatisfied over my husband's death," she said. "I am very confident that my husband did not commit suicide but there is foul play," she said adding that she hoped an RCI would be formed to investigate her husbands death. Ahmad Sarbani, the Selangor Customs assistant director, was found dead on April 6 after he was believed to have fallen from the pantry on the third floor of the MACC Kuala Lumpur office on Jalan Cochrane here and landed on a badminton court on the first floor. The most recent outcome from the inquest was a forensic investigator's conclusion that Ahmad Sarbani did not jump to his death nor was he pushed from the KL anti-graft office. Raja Petra alleged in his blog on the Malaysia Today website that Ahmad Sarbani accidentally fell to his death after being forced onto the ledge by a senior MACC investigator. He further claimed that the MACC investigator convened a "conference" with his colleagues to "brainstorm and concoct the most plausible story" to protect their careers. Up till today, Raja Petra has written a nine-part series on Malaysia Today alleging that Ahmad Sarbani's death was caused by the anti-graft body's officers. When contacted, City CID chief Senior Asst Comm Datuk Ku Chin Wah declined to comment as a public inquiry was already being carried out on the case. |
| Teoh’s suicide: MACC suspends three officers Posted: 22 Jul 2011 07:58 PM PDT 
The three were named by the Royal Commission of Inquiry as driving Teoh Beng Hock to commit suicide. (Free Malaysia Today) - The Malaysian Anti-Corruption Commission today suspended three officers identified by the Royal Commission of Inquiry as being indirectly responsible for Teoh Beng Hock's death. The suspension is pending an outcome an internal probe into their actions. "Pending the outcome of the internal investigation, all three relevant officers have been suspended or exluded from any investigative operations," said a MACC statement today. The three suspended officers are Negeri Sembilan MACC director (then Selangor MACC deputy director) Hishamuddin Hashim and two enforcement officers Mohd Anuar Ismail (then the investigating officer) and Mohd Ashraf Mohd Yunus. They were alleged to have driven Teoh to his death. MACC said that it will not protect any of its officers that had broken the law. "We want to stress that we will not tolerate or protect any of our officers who are found to be guilty of any criminal offence or breaching any code of conduct," said MACC. The decision followed Minister in the Prime Minister's Department Mohd Nazri Abdul Aziz's request to the police to investigate the three officers. "We would also give our full cooperation to the police so that investigations would be independent and transparent." A special investigative team — led by deputy chief commissioner (management and professionalism) Zakaria Jaffar — will look into the claims made against the three officers, and the results would be submitted in a report. The results would then be tabled to the MACC Complaints Committee that consists of four independent individuals, and is chaired by former Appeals Court judge Mohd Noor Abdullah, added MACC in its statement. MACC added that it viewed with seriousness the recommendations of the RCI which had released its report on July 21. READ MORE HERE |
| Is a Minister’s aide’s university degree for real? Posted: 22 Jul 2011 05:36 PM PDT 
By K Pragalath, FMT PETALING JAYA: The university degree of a private secretary of a minister could be a fake degree. This allegation comes from a little known NGO, People's Rights and Welfare Coalition (POWER). POWER claims that Human Resources Minister, Dr S Subramaniam's private secretary also known as S Subramaniam holds a fake degree as the Kensington University was deregistered in 2003 by the Hawaiian authorities . "The minister has recruited a private secretary who holds a fake degree from a university not recognised by JPA," said POWER chairman, S Gobikrishnan today. Subramaniam who is also Puchong division MIC Youth leader holds a Bachelor of Science in Civil Engineering from Kensington University. Gobikrishnan said: "We have evidence to show that the university was deregistered on Oct 2003 by the state of Hawaii.
"It is also not recognised in Malaysia. And Subramaniam received his degree last year." READ MORE HERE. |
| Putrajaya agrees to fund voter verification system Posted: 22 Jul 2011 05:29 PM PDT  (The Malaysian Insider) - KANGAR, July 23 — Putrajaya has agreed to pay for a voter authentication system that will quell talk of phantom voters, a key demand of outlawed electoral reforms group Bersih 2.0 Prime Minister Datuk Seri Najib Razak said today the system was one of the initiatives undertaken by the Election Commission (EC) to ensure transparency in the country's elections. "The implementation of the biometric system will be able to counter allegations about the existence of phantom voters," he said at a meet-the-people programme at Dewan 2020, here today, according to Bernama Online. Bersih 2.0 had sought to send a memorandum to the Yang di-Pertuan Agong over its eight demands for free and fair elections, after the EC said it was too busy to meet the movement, a coalition of 62 groups. However, the EC later agreed to meet Bersih over its demands, but on the condition they stopped the July 9 rally. The commission also said most of the demands involved amendments that needed parliamentary approval. READ MORE HERE. |
| Mind analysis courses Posted: 22 Jul 2011 02:42 PM PDT 
By Farrah Naz Karim, NST MACC takes steps to train officers on investigation procedure. PUTRAJAYA: Malaysian Anti- Corruption Commission investigation officers will undergo courses on psychoanalysis to better assess the state of mind of witnesses during interviews. They will also relook the duration a witness or a suspect is held for investigations. These are among some of the immediate measures being put in place after the report by the Royal Commission of Inquiry into the death of Teoh Beng Hock was made public yesterday. The report stated that Teoh was driven to suicide and it also highlighted several shortcomings in MACC's handling of witnesses. Commenting on the findings of the RCI, a senior MACC investigating officer admitted there were flaws in their standard operating procedure but stressed they could not make outright changes that could jeopardise their role as an anti-graft body. "Some of our officers do not know enough experience to gauge the state of mind of witnesses, as shown in Teoh's case. "That is why we are now determined to include courses on psychoanalysis in the training module." He said said some officers did not realise witnesses get stressed out after prolonged hours of interviewing. "They feel that the witness is holding back information and in their zest to get that information out, they forget that the witness is not as resilient as they are. "This is where the problem arises," he said. "Then there is the risk that if a witness is released without providing the necessary information, he may jeopardise investigations by making contact with the suspect later.
"This would give the suspect the edge as he could dispose of the evidence or alter his story.
"Do we let the witness go and stop asking him pertinent and crucial questions simply because he is tired? "At the end of the day, it is also the responsibility of the MACC to protect the interests of the public." He explained under the MACC SOP for interviewing witnesses, they first contact the witness through the phone and give them the time and venue of the meeting. However, the source said 80 per cent of witnesses who were contacted were not cooperative. "In such cases, the commission will issue them a notice, compelling them to turn up," he said. The source insisted that MACC investigating officers would not rough up witnesses. "Our IOs have been trained to withstand long hours of investigation, but as human beings, if they are seen to be agitated and losing patience with a witness, another officer will take ove r. " Through its SOP, the officers are also trained to use their discretion when dealing with witnesses and would not deny them breaks. In cases where witnesses needed to be examined by a doctor, MACC would bring them for treatment.
|
| ‘Bourdon deported because he knew too much’ Posted: 22 Jul 2011 02:32 PM PDT 
By G Vinod, FMT PETALING JAYA: Was French human rights lawyer William Bourdon deported because he knew too much?. That's what PKR vice president Nurul Izzah Anwar thinks. She claims that Bourdon may have had access to crucial documents that may link Prime Minister Najib Tun Razak to the controversial Scorpene submarine purchases. "But the French court will provide public access to the investigation papers when the case goes on trial in September," claimed Nurul at the Ops Scorpene fund raising dinner in Petaling Jaya yesterday. The dinner, attended by nearly 500 guests, was hosted by Nurul's aide, Fahmi Fadzil. Yesterday, Bourdon, who was tasked to investigate corruption involving the submarine purchases, was detained at KLIA at 11.40am by the immigration officials when his flight arrived from Penang. Subsequently, Bourdon was served a deportation order for violating the terms of his social visit pass and left the country at about 11pm. Bourdon was supposed to be one of the speakers at the fund raising event yesterday. Nurul, who is also Lembah Pantai MP, thanked Bourdon for his courage in taking up the case on behalf of Suaram to investigate the mystery involving the submarine deal. "He is a well known personality worldwide yet he was kicked out of the country dishonorably," she said. Fellow PKR vice president, Tian Chua reminded the guests at the dinner on how the Scorpene deal was also linked to the gruesome murder of Mongolian translator, Altantuya Shaaribu. Chua said that recently Kelana Jaya MP Low Gwo Burne went to Mongolia and subsequently met the Altantuya's father, Dr Setev Shaaribu. In his visit, Chua said, Low was told by Shaaribu that his daughter's ashes still remain in a Malaysian court as the case, in theory, is still unsolved. "We may feel sympathy for his family but also remember that our tax money was used to finance the Scorpene deal," he said. In 2006, Altantuya's remains were found in a secluded area in Puncak Alam, Shah Alam. Police investigation found that she was shot twice before her body was blown up using C-4 explosives. She was said to be working as a translator for Perimekar Sdn Bhd, a company linked to Najib's aide Abdul Razak Baginda, which was the company that sealed the deal on the two Scorpene submarines for Malaysia. The multi-billion ringgit deal, which was inked in 2002 during Najib's tenure as defense minister, was reported to have involved kickbacks worth RM500 million. READ MORE HERE. |
| Family demands RCI, new probe into Sarbaini’s death Posted: 22 Jul 2011 02:15 PM PDT 
By Melissa Chi, The Malaysian Insider PETALING JAYA, July 23 — Dissatisfied with the ongoing inquest into the death Ahmad Sarbaini Mohamed, the Customs officer's family today again demanded for a royal commission of inquiry (RCI) into his untimely demise during a graft investigation. The family previously asked for an RCI to be convened immediately, but later relented to the inquest after Deputy Minister in the Prime Minister's Department Datuk VK Liew said that it was the first choice, and that there was a "procedure" which needed to be followed. Today, Sarbaini's widow Maziah Manap also asked for a fresh investigation over a remark made by Malaysian Anti-Corruption Commission (MACC) officer Abdul Ghani Ali about those responsible for her husband's death on April 6. "Until now the police did not record my statement regarding Encik Ghani's remark, 'it wasn't me, it was my people', [made] to me when I expressed dissatisfaction of my husband's death," she said in the report lodged at the Kelana Jaya police station hear her house. Abdul Ghani is a MACC investigating officer and the 18th witness to be called in the ongoing inquest into Ahmad Sarbaini's death. He had defended his statement and told the coroner's court that he meant Ahmad Sarbaini had went to see his officers, not him personally, on the day of his death. Ahmad Sarbaini, the Selangor Customs assistant director, was found dead on April 6 after he was believed to have fallen from the pantry on the third floor of the MACC Kuala Lumpur office on Jalan Cochrane here and landed on a badminton court on the first floor. The most recent outcome from the inquest was a forensic investigator's conclusion that Ahmad Sarbaini did not jump to his death nor was he pushed from the KL anti-graft office. MORE TO COME |
| As polls loom, Pakatan moves to repair battered image Posted: 22 Jul 2011 01:22 PM PDT 
By Shazwan Mustafa Kamal, The Malaysian Insider KUALA LUMPUR, July 23 — The Pakatan Rakyat (PR) leadership has agreed to stop publicly airing disagreements or infighting among its three component parties by setting up a "special mechanism" to settle inter-party disputes ahead of the upcoming national polls. PR leaders came to a consensus during this week's party leadership retreat that a specific mechanism was needed to project a unified image for the coalition in order to deflect and prevent repeats of the cases of public inter-party feuds throughout the year. "We have come up with mechanisms of streamlining... to make it more of Pakatan as a coalition rather than three separate parties, especially through our statements. "We're thinking about weekly statements for Pakatan, instead of all of us coming out with separate statements... this will force us to sit down and discuss, react and get things moving," DAP's Zairil Khir Johari told The Malaysian Insider. Zairil, who is political secretary to DAP secretary-general Lim Guan Eng, denied that PR's decision was in response to the recent uproar caused the Kedah government's entertainment ban. He said the move was not a response to any incident "in particular" but more on how to "project Pakatan Rakyat as a cohesive coalition and force, a proper alternative to Barisan Nasional (BN)." "In case of an emergency where a problem occurs where disagreements arise [among] PAS, PKR and DAP, no party should come up with contradicting statements. There will be one number for party leaders to call, a hotline if you want to call it that... where the top Pakatan leadership is immediately informed of the problem, and it will be discussed on the spot. "And after that, a joint statement by all three parties will be issued... all this can avoid unnecessary misunderstanding between the PR parties, through proper channels of communication and discussion," added Zairil. PKR strategic director Rafizi Ramli told The Malaysian Insider that a "common approach" was needed in order for PR to be seen and recognised as a "common alliance." "A difference of opinion between parties is alright. The question is, how do we manage those differences so that our political opponents do not use it as an opportunity to attack us? How do we accommodate differing views so that it does not invite danger? That is a why a case-by-case mechanism is needed. "We are slowly working towards integration of all Pakatan parties. We are not BN, where decisions are made by one party only," said Rafizi, adding that a large chunk of yesterday's retreat meeting was focused on "enhancing" PR's image as a alternative federal coalition for Putrajaya. READ MORE HERE. |
| ‘Charge MACC officers with criminal offence’ Posted: 22 Jul 2011 12:30 PM PDT  By Teoh El Sen, FMT PETALING JAYA: Attorney-General Abdul Gani Patail should consider criminal charges instead of merely taking disciplinary action against drove Selangor political aide Teoh Beng Hock to suicide. Lawyer representing the Teoh-family, Gobind Singh Deo, said that Abdul Gani should consider using Section 330 of the Penal Code which is the offence of "voluntarily causing hurt to extort confession…". He argued that he believes that "hurt" should encompass mental injury as well. Abdul Gani was quoted in the local daily New Straits Times on Friday that action against three MACC officers "for their aggressive, inappropriate and (therefore) in violation of the regulations", as indicted in the Royal Commission of Inquiry (RCI) report, is to be read with the understanding of the word "regulations". "If it refers to the standard operating procedure of the MACC, it then becomes a matter of discipline… Hence, the officers are to be dealt with by the disciplinary body of the Public Service Department," he was quoted as saying. He also said:"Conducting interrogations with the intent to derive information but in the process, driving someone to commit suicide is different from doing so with the intent to make him commit suicide." "Although this does not mean we accept the RCI findings in any way, the report definitely allows for a criminal prosecution. The AG should look it the whole thing holistically, and he should very least consider this, or else explain why not," Gobind told FMT. The DAP leader argued that Section 330 was designed to protect those people who are being abused in the course of interrogations and it was normal that torture would not only be physical but also mental. "The illustration given in the section of the law refers to the word torture. Hurt must include injury to the mind and mental distress. Isn't that what RCI said happened to Teoh ?" "I believe that the AG would have a case," said Gobind. Test case Although there has not been a precedent, this can be a test case, he said. "If you look in a dictionary, what does the word "hurt" mean? For the word injury, its already been accepted that it includes the mind," he said. READ MORE HERE. |
| Zahid Cries Foul Over Smear Campaign On Submarine Purchase Posted: 22 Jul 2011 11:29 AM PDT 
(Bernama) - SEMPORNA -- Defence Minister Dr Ahmad Zahid Hamidi has warned certain quarters against running a smear campaign over alleged irregularities in the purchase of two submarines in 2002. Commenting on a claim made by French lawyer William Bourdon that he would uncover more information on the purchase, Ahmad Zahid said the ministry was willing to be investigated in upholding the truth. "The acquisition of submarines was transparent as I had mentioned in the Parliament. Please remember, any mistakes on their part, they will not get away scot-free," he told reporters after launching the Armed Forces' "Jiwa Murni" (community) programme in conjunction with "Ops Pasir" at Danawan island here yesterday. Bourdon, a human rights lawyer, who is on a four-day visit to the country until Sunday, gave a speech at a Suaram's fundraiser dubbed "Ops Scorpene" in Bayan Baru, Penang on Thursday night purportedly to fund an awareness campaign to pursue the case in French courts. Suaram filed a case against French naval defence giant DCNS in 2009 over alleged irregularities in the Scorpene deal worth RM7.3 billion between Malaysia and France and it is being investigated by French authorities.
Ahmad described the campaign as a malicious attack on the government and Prime Minister Najib Tun Razak, who was the defence minister at the time when the purchase was made. In another development, Ahmad Zahid said the ministry would beef up naval capabilities in Sabah waters and an allocation would be sought from the 10th Malaysia Plan in October. Meanwhile, Ahmad Zahid said the Defence Ministry Media Awards Night would be held on Nov 18 in recognition of the media's contribution in defence coverage He said there would be 10 categories of awards, including best newspaper reporting, best magazine reporting and best new media journalism (blog) with a grand prize of RM5,000. Further information on the awards can be obtained from the ministry's Communication Unit media relation officer Lt Kdr Rahimah Taib at 019-3851136 or 03-20715041. |
| Scorpene lawyer deported, RM16b in defence deals quizzed Posted: 22 Jul 2011 11:11 AM PDT 
By Shannon Teoh, The Malaysian Insider PETALING JAYA, July 23 — Pakatan Rakyat (PR) seized on the sudden deportation of William Bourdon last night to renew scrutiny into billion-ringgit defence contracts said to be as scandalous as the RM7 billion Scorpene submarine deal that the lawyer was pursuing in France. PR lawmakers told an audience of 500 here last night that the French lawyer's deportation showed the Najib administration wanted to keep facts about defence deals hidden.
"We know French police have obtained quite crucial documents, linking (Datuk Seri) Najib Razak, our beloved prime minister himself. That is why irrational actions were taken today," said PKR vice president Nurul Izzah Anwar.
The Lembah Pantai MP added, "the fact that the Malaysian government has kicked Bourdon out most dishonourably today has helped our cause even more." The French lawyer was held in the aircraft by three immigration officers when he landed in Sepang from Penang yesterday morning,
She said that Bourdon's deportation and Barisan Nasional's (BN) clampdown on the July 9 Bersih rally for free and fair elections raised questions of Najib's "pronouncements of transformation."
DAP publicity chief Tony Pua spent 20 minutes recounting three other defence deals made over the past three years totalling RM16 billion for vehicles that cost Malaysia far more than other countries.
The Petaling Jaya Utara MP told his constituents that this included the RM2.3 billion for 12 Eurocopter EC725 helicopters, RM6 billion for six offshore patrol vessels (OPV) and RM7.8 billion for 257 armoured personnel carriers.
He said that questions over these deals in the media or in Parliament's Public Accounts Committee were met with the repeated refrain of "itu rahsia (that is secret). The armed forces and defence ministry officials insisted they could not expose military secrets to the rest of the world."
According to Pua, Brazil had purchased the Eurocopters at just RM82 million per unit as opposed to RM190 million paid by Malaysia, while New Zealand paid just RM240 million per OPV versus the RM1 billion each paid by Malaysia.
He also pointed out that the 257 armoured vehicles are to be supplied by local conglomerate DRB-Hicom, who in turn had bought the vehicles from a Turkish firm for just RM1.9 billion, only a quarter of the price that Malaysian taxpayers would fork out eventually. READ MORE HERE. |
Malaysia Today - Your Source of Independent News
