The Truth Revealed
Showing posts with label ACA. Show all posts
Showing posts with label ACA. Show all posts

Saturday, September 29, 2007

SOMETHING ARE TERRIBLY WRONG WITH THE ENFORCEMENT AGENCY IN MALAYSIA

If something like this can happened to a serving Policeman, I would shuddered to think what could happen to an ordinary citizen on the street ?










Blow Away The Whistle-blower

THE CORRIDORS OF POWER
by Raja Petra Kamarudin

Let me make this short and sharp. Malaysia Today has published many reports about the links between the organised crime syndicate and the Royal Malaysian Police. The seven reports are as follows:


Thus far, six police officers and two underworld operators have come forward to sign Affidavits testifying that undoubtedly there are links between the underworld and the police. Malaysia Today did not publish the two Affidavits signed by the underworld figures (yes, that is my insurance policy in the safe-keeping of someone very important) but the six signed by the police officers were previously published as follows:


Today, what we want to reveal is the story of how one police officer’s family was ‘kidnapped’ by the Anti-Corruption Agency (ACA) and held for ‘ransom’ to solicit his cooperation. He and his wife have since made police reports on the matter. Isn’t it ironical that even police officers face kidnap threats and they have had to resort to making police reports to seek justice? What danger do you think people like you and I face when we do not wear a police uniform and carry a gun? In fact, when a police officer shot two people in Kuala Terengganu recently, they launched a day and night, house-to-house, state-wide manhunt to look for 37 of the 41 demonstrators who did not ‘surrender’ when the deadline to do so ended. It is not the police officer who shot two people whom they were concerned with. Instead, it was those who the police tried to shoot who are the brunt of the police action.

And now they talk about bringing the parents of a raped, tortured and murdered child to face the music for the tragedy that befell them. And we also hear sermons from people of the cloth who blame scantily-dressed girls for getting raped by sex perverts who can’t keep their hormones in check. Will we next see bank directors getting charged in court when bank robbers rob their banks and goldsmith owners being dragged off to jail in chains when their goldsmith shops get robbed? Yes, and millionaires should be shot when their children get kidnapped because they did not hire bodyguards to look after their children and luxury car owners should be jailed for parking their cars on the street when they went into the restaurant to have dinner instead of employing a driver to sit in the car to guard it against car thieves.

Anyway, let us get back to the police officer whose family was kidnapped by the ACA. Awhile back, Malaysia Today reported that some underworld bosses who were detained under the Emergency Ordinance were released by instructions from some higher-ups in the police force. This was in fact not the only time this happened. There were other such incidence where the Deputy Minister of Internal Security was implicated and where it is said he received RM5.5 million in bribes to release them. The allegation was revealed in an anonymous website which the Deputy Minister concerned suspects someone in the police force itself set up. Nevertheless, the revelation was announced by the police as only they appeared to be aware of the existence of this website and the Deputy Minister was called for interrogation before the ACA. The ACA subsequently announced that the Deputy Minister is innocent of the allegation and they classified the case closed and no further action (NFA) required.

In the second incident it was the Inspector-General of Police (IGP) who was this time accused of perpetuating the exact same thing that the Deputy Minister of Internal Security was accused of. But this time the amount was slightly less than half which the Deputy Minister was accused of. The IGP too was cleared by the ACA. It seems they checked his bank account and could not find RM2 million in it so this means he must be innocent and could not have taken any bribes from the underworld.

So it looks like both the Deputy Minister and the IGP are innocent and the allegations against them are all false. Sure, many underworld bosses who were detained under the Emergency Ordinance were released. But they were released because they were wrongly-detained and their detention did not follow proper procedures and not because the Deputy Minister and the IGP were paid money to release them. And since the ACA launched thorough investigations into the allegations against the Deputy Minister and the IGP and found them innocent then we must take the word of the ACA and assume that they are therefore innocent as what the ACA says. After all, if the ACA could not find the RM7 million or RM8 million in their bank accounts then there is no way they could have taken bribes from the underworld bosses. If they did then the money would still be in their bank accounts.

The government -- meaning here of course the Royal Malaysian Police, the Anti-Corruption Agency, and the Attorney-General’s Chambers -- have said that they have investigated the allegations against the Deputy Minister and the IGP and have found them to be unfounded. It is just two groups that are trying to bring each other down, say those who walk in the corridors of power. The police force is badly split and this is just the result of two groups, Team A and Team B, fighting for control of the police force, explains others in the corridors of power. This is just a turf war between two organised crime syndicates that are trying to gain control of the drugs, prostitution, illegal gambling and loan-sharking rackets, argue yet others who walk in the corridors of power. More theories are thrown onto the table: actually, both Team A and Team B are equally guilty of links with the underworld and each is trying to topple the other so that they can gain control of the drugs, prostitution, illegal gambling and loan-sharking rackets.

Well, whatever it may be, those who walk in the corridors of power should know better. But whatever the reason may be, they are all equally perturbing. This means there are serious problems in the police force. Whether it is one group jealous of another, whether it is a conspiracy to bring down the IGP, whether it is because the police are split into Team A and Team B, whether it is a turf war in the underworld and the police are just taking sides, they are all destructive and merely serves to demonstrate that we have serious problems on Peace Hill. And what irony that Peace Hill is not so peaceful nowadays.

Anyway, the government needs the truth to emerge and the only way for it to emerge would be for those who know the truth to come forward. 90% of the success in solving cases by the Income Tax Department, the Anti-Corruption Agency, the Royal Malaysian Police, etc., is the result of information they receive from whistle-blowers. In fact, the government depends so much on whistle-blowers that it has launched a whistle-blower protection program. Protection of whistle-blowers is internationally accepted and there is even an international agreement to that effect. Whistle-blowers must not only be protected but they have to also be placed under the witness protection programme and relocated with a new identity if need be. That would be the only way to ensure that the crime rate is kept low and the success rate of solving crimes is kept high.

But this does not happen in Malaysia. In Malaysia, if you were to squeal on those from amongst you who are corrupt, you will suffer retribution. Now do you know why it is so hard to pin down those police officers who murdered Altantuyu? Many know what happened but not many dare come forward to reveal what happened. To do so would be detrimental to one’s health.

Take the case of Nordin bin Ahmad, a police officer. He investigated the underworld bosses and helped build up the case against them. He squealed on the dirty cops. And he was made to regret that. They used the ACA to kidnap his wife and children on 23 September 2007 with a warning that they will be released only if he presents himself at the ACA office and changes his testimony implicating the underworld bosses. Both Nordin Ahmad and his wife, Kalsom Mat Nor, have made police reports on the matter which you can view below.

Chief Inspector Nordin Ahmad (right) and Lance Corporal Wong Boon Wai pleaded not guilty to all the charges.
Two policemen claim trial to 14 counts of forgery

Yes, this is the same ACA that investigated the allegations against the Deputy Minister of Internal Security and the IGP and subsequently cleared them. If the ACA can resort to kidnapping the family of police officers and witnesses who testify against crooks, it makes one wonder whether you can any longer take the word of the ACA. It appears like they are accessories to crime rather than the eliminators of it. It appears like the ACA helps cover up the crime instead of going after the criminal. I know they say it takes a thief to catch a thief. But in this case the thief is protecting the thief and kidnapping the family of those who report the thief.

Many other witnesses and whistle-blowers were also summoned before those who walk in the corridors of power, in particular those who have signed Affidavits testifying to the fact they have received instructions from the underworld or received instructions from their superiors in the police force to cooperate with the underworld bosses and follow whatever orders they receive from them. Whistle-blowers have been exposed and now fear for their lives. Whistle-blowers will now get blown away. And the purpose of this exercise is to ‘prove’ that the allegations against Goh Cheng Poh a.k.a Tengku and his minions are false. On 1 October 2007, the court is scheduled to hear the application from Tengku for his detention and restricted residence order to be declared mala fide. If the court buys what he says, then this notorious underworld boss will be out on the streets in time to send Hari Raya Ang Pows to the dozens of police officers he has in his pocket.

Anyway, I am sure they will adduce all sorts of ‘evidence’ in court to ‘prove’ that Tengku is law-abiding, is a member of the Rotary Club and PTA, goes to the temple every week to pray, does uncountable charity work and dishes out donations to needy people by the millions, and all such bullshit. And I am going to start taking bets that Tengku will soon be back on the streets and all those police officers who arrested him and those witnesses who testified against him will wish they had never been born.

Any takers anyone? Let’s make it cheap: teh tarik at a favourite watering-hole of the winner’s choice.



Friday, September 28, 2007

Guan Eng reports OPV issues to ACA

By: Ng Kee Seng (The Sun, Fri, 28 Sep 2007)

KUALA LUMPUR (Sept 28, 2007): DAP secretary-general Lim Guan Eng today lodged a report with the Anti-Corruption Agency (ACA) on alleged abuses of Power and irregularities in the purchase of six Offshore Patrol Vessels( OPVs) and the detroying of relevant documents.

Lim lodge the report in the Kuala Lumpur Federal Territory ACA office on Jalan Sultan Hishamuddin about noon, attended to by ACA Supt Zulkifly Zainal Abidin. He also attached to his report a letter to ACA Acting Senior Asst Comm I Abu Zubir Mahfodz @ Hatmon.

"It's not only the irregularities and destroying of evidence. The shocking 38% or RM 1.85 billion increase in the contract from RM4.9 billion To RM6.75 billion and waiver of RM214 million in penalties on the contractor for late delivery must be investigated," he said after lodging the report.

"The DAP had earlier called for a Royal Commission of Inquiry to be set up to determine whether the Cabinet was misled into making a foolish decision to approve the RM 1.85 billion increase in the contract and waiver of penalty.

"However there is no such urgency to find the truth as to how the public lost so much money in getting six OPVs that are either still not operational or undelivered. Clearly, the Prime Minister’s efforts to promote transparency, accountability and good governance by demanding that ministries must answer for the instances of mismanagement disclosed in the Auditor-General’s 2006 Report is mere lip service and empty promises.

"There is greater urgency in discovering the truth of this scandal following the shocking revelation by Public Accounts Committee (PAC) chairman Datuk Shahrir Abdul Samad that certain records have been destroyed and that PAC has not been able to get hold of sufficient company reports regarding the vessels.

"Datuk Shahrir was quoted as saying that the records destroyed involved the first two problem-ridden vessels which were delivered to the Royal Malaysian Navy last year after a two-year delay.

"The RM6.75 billion OPV scandal is the largest single case of misuse of funds in the 2006 Auditor-General (A-G)’s Report. PSC-NDSB had agreed to supply 6 OPVs at RM4.9 billion, which was arranged without an open public tender.

"This was subsequently increased to RM5.35 billion in September 1998. All the 6 OPVs were supposed to be delivered by April 2007 with the first delivery on March 2004. However only 2 OPVs were delivered so far and the 2 OPVs are not fully operational as the technical specifications required are still not completely performed.

"The two OPVs delivered in June and July 2006 respectively had 100 and 383 incomplete works and items at the point of handing over. There were 298 complaints over the operations of the vessels. This puts the life and safety of our sailors at risk if such OPVs are put out to sea when it is not performing at optimum capacity," said Lim.

The A-G estimated that the government can claim at least RM 214 million in late penalties for the late delivery of the two OPVs and non-delivery of the remaining four OPVs.

Lim said: "However in another remarkable and unwarranted act of charity and generosity, the Cabinet on Nov 29, 2006, waived the claim of penalties. Worse, in a continuing act of generosity and charity the government increased the contract price by RM1.4 billion in January 2007.

"The cost for the 6 OPVs had risen by RM1.85 billion or 38% from the original contract price of RM4.9 billion to RM6.75 billion, ie to RM5.35 billion in September 1998 and again to RM6.75 billion in January 2007."

"The A-G also criticised the monitoring by the project steering committee. Was the Cabinet misled?"

In the letter enclosed to the ACA report, Lim urged the ACA to focus on six prime investigative areas:

  • Why were there no open tender and instead the contract awarded to PSC-Naval Dockyard Sdn Bhd - a subsidiary of PSC Industries Bhd owned by Umno associate Amin Shah Omar Shah - in 1998?;

  • What is the justification for increasing the contract value by 38% or RM 1.85 billion to RM 6.75 billion when the contractor had already failed to perform?;

  • Why did the government waive claims of at least RM214 million in late penalties for the late delivery of the two OPVs and non-delivery of the remaining four OPVs?;

  • Why no action was taken against the contractor for sub-standard work on the two OPVs delivered in June and July 2006 respectively which failed to fulfill technical specifications with over 483 incomplete works and items and 298 complaints over the operations of the vessels?;

  • Why did the Defence Ministry pay in advance RM4.26 billion to the contractor by Dece 31, 2006, even though progress of work done only amounts to RM2.87 billion, which is RM 1.4 billion more than the contractor is entitled to claim?; and

  • Who ordered the destruction of the documents as announced by Datuk Shahrir?



  • ACA Report on Abuses of Power and Irregularities into the Purchase of 6 Offshore Patrol Vessels (OPV)

    Pmg. Penolong Kanan Pesuruhjaya I Abu Zubir Bin Hj. Mahfodz @ Hatmon,
    Pengarah Negeri,
    Badan Pencegah Rasuah (BPR) WILAYAH PERSEKUTUAN KUALA LUMPUR,
    Tingkat 5 & 6, Rumah Persekutuan
    Jalan Sultan Hishamuddin Peti Surat 6000,
    50502 KUALA LUMPUR

    DENGAN TANGAN

    Tuan,

    BPR Report On Abuses Of Power And Irregularities Into The Purchase Of 6 Offshore Patrol Vessels(OPV) Where Relevant Documents Have Been Destroyed And The Shocking Increase Of 38% or RM 1.85 Billion In The Contract Value From RM 4.9 Billion To RM 6.75 Billion And Waiver RM 214 Million In Penalties For Late Delivery.

    We wish to make a report to the BPR to investigate the abuses of power and irregularities surrounding the purchase of 6 OPVs where relevant documents have been destroyed and the shocking increase of 38% or RM 1.85 billion in the contract value from RM 4.9 billion to RM 6.75 billion and waiver from collecting RM 214 million in penalties imposed on the contractor for late delivery.

    DAP had earlier requested that the Deputy Prime Minister and Defence Minister YAB Datuk Seri Najib Tun Razak establish a Royal Commission of Inquiry to determine whether Cabinet was misled into making a foolish decision to approve the increase by 38% or RM 1.85 billion in the contract value of the 6 OPVs from RM 4.9 billion to RM 6.75 billion and waive RM 214 million in penalties for late delivery.

    However there is no such urgency to find the truth as to how the public lost so much money in getting 6 OPVs that are either still not operational or undelivered. Clearly the Prime Minister’s efforts to promote transparency, accountability and good governance by demanding that Ministries must answer for the instances of mismanagement disclosed in the Auditor-General’s 2006 Report is mere lip service and empty promises.

    There is greater urgency in discovering the truth of this scandal following the shocking revelation by Public Accounts Committee (PAC) Chair Datuk Shahrir Abdul Samad in Malaysiakini on 26 September 2007 that certain records have been destroyed and that PAC has not been able to get hold of sufficient company reports regarding the vessels. Datuk Shahrir said that the records destroyed involved the first two problem-ridden vessels, which were delivered to the Royal Malaysian Navy last year after a two-year delay.

    The RM 6.75 billion OPV scandal is the largest single case of misuse of funds in the 2006 Auditor-General’s Report. PSC-NDSB had agreed to supply 6 OPVs at RM 4.9 billion, which was arranged without an open public tender. This was subsequently increased to RM 5.35 billion in September 1998. All the 6 OPVs were supposed to be delivered by April 2007 with the first delivery on March 2004. However only 2 OPVs were delivered so far and the 2 OPVs are not fully operational as the technical specifications required are still not completely performed.

    The two OPVs were only delivered in June and July 2006 respectively had 100 and 383 incomplete works and items at the point of handing over. There were 298 complaints over the operations of the vessels. This puts the life and safety of our sailors at risk if such OPVs are put out to sea when it is not performing at optimum capacity.

    A penalty of 0.5% per month based on the contract value is imposed for any delay. However such penalties can not exceed RM 53.5 million, a very generous self-imposed limit by the government. The first OPV was late by 27 months and the second OPV was late by 18 months but yet both are imposed penalties of RM 53.5 million each due to the self-imposed limit.

    The other four OPVs are still not delivered. The Auditor-General Report estimated that the government can claim at least RM 214 million in late penalties for the late delivery of the 2 OPVs and non-delivery of the remaining 4 OPVs. However in another remarkable and unwarranted act of charity and generosity, the Cabinet on 29.11.2006 waived the claim of penalties.

    Worse, in a continuing act of generosity and charity the government increased the contract price by RM 1.4 billion in January 2007. The cost for the 6 OPVs had risen by RM 1.85 billion or 38% from the original contract price of RM 4.9 billion to RM 6.75 billion, ie to RM 5.35 billion in September 1998 and again to RM 6.75 billion in January 2007.

    The Auditor-General also criticized the monitoring by the project steering committee - led by YAB Deputy Prime Minister and an executive management committee chaired by top ministry officials. Was the YAB Deputy Prime Minister being misled resulting in Cabinet also been misled? If so, severe action should be taken against the officials involved.

    The most shocking aspect about this RM 6.75 billion scandal is why the Defence Ministry pay in advance RM 4.26 billion to the contractor by 31.12.2006, even though progress of work done only amounts to RM 2.87 billion? Would not the government lose RM 1.4 billion already paid to the contractor should the contractor abscond and flee overseas?

    In summary the ACA should focus on 6 prime investigative areas in the RM 6.75 billion OPV scandal, especially the key people who gave approval.

    1. Why were there no open tender and instead the contract awarded to PSC-Naval Dockyard Sdn Bhd - a subsidiary of PSC Industries Bhd owned by Umno associate Amin Shah Omar Shah - in 1998?

    2. What is the justification for increasing the contract value by 38% or RM 1.85 billion to RM 6.75 billion when the contractor had already failed to perform?

    3. Why did the government waive claims of at least RM 214 million in late penalties for the late delivery of the 2 OPVs and non-delivery of the remaining 4 OPVs?

    4. Why no action was taken against the contractor for sub-standard work on the two OPVs delivered in June and July 2006 respectively which failed to fulfill technical specifications with over 483 incomplete works and items and 298 complaints over the operations of the vessels risking the lives and safety of our sailors?

    5. Why did the Defence Ministry pay in advance RM 4.26 billion to the contractor by 31.12.2006, even though progress of work done only amounts to RM 2.87 billion, which is RM 1.4 billion more than the contractor is entitled to claim?

    6. Who ordered the destruction of the documents as announced by Datuk Shahrir?

    BPR must investigate how RM 6.75 billion could be lost to purchase OPVs for the defence of our naval waters that would either not be delivered or not fully operational. The 2006 Auditor-General’s Report had provided all the necessary materials that would assist BPR’s investigations and clearly spelt out that there was “no justification” for the government to approve the extra RM 1.4 billion and waiving RM 214 million in penalties for late delivery that it was entitled to claim from the contractor.

    It would be unfortunate if those that expose corruption are persecuted and punished whereas those who commit such wrongdoings can prosper and flourish. Failure to take action on this massive scandal would only confirm negative public perceptions about the role of the Anti-Corruption Agency and not help to restore public confidence in Malaysia’s commitment to establish integrity, accountability and transparency as part of Malaysian culture.

    It is this failure that has caused Malaysia’s position in the 2007 Transparency International Corruption Perception Index to be at No. 43, which though an improvement from last year’s No. 44, is still far below the No. 37th position enjoyed by Malaysia when YAB Datuk Seri Abdullah Ahmad Badawi took over in 2003. Only firm and stern action taken against such high-profile cases involving huge amounts of public funds highlighted even in the Auditor-General’s report can facilitate the restoration of our credibility and commitment to combat corruption.

    Yours faithfully,


    LIM GUAN ENG
    SECRETARY-GENERAL