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	<title>PKFZ &#187; Blog</title>
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	<description>What is the truth?</description>
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		<title>How many Malaysians will agree with Attorney-General that Phang, Stephen and Tan are “big fishes” in the RM12.5 billion PKFZ scandal?</title>
		<link>http://pkfz-scandal.org/2009/12/11/how-many-malaysians-will-agree-with-attorney-general-that-phang-stephen-and-tan-are-%e2%80%9cbig-fishes%e2%80%9d-in-the-rm12-5-billion-pkfz-scandal/</link>
		<comments>http://pkfz-scandal.org/2009/12/11/how-many-malaysians-will-agree-with-attorney-general-that-phang-stephen-and-tan-are-%e2%80%9cbig-fishes%e2%80%9d-in-the-rm12-5-billion-pkfz-scandal/#comments</comments>
		<pubDate>Fri, 11 Dec 2009 04:04:59 +0000</pubDate>
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		<guid isPermaLink="false">http://pkfz-scandal.org/?p=992</guid>
		<description><![CDATA[Attorney-General Tan Sri Gani Patail yesterday said that former Port Klang Authority (PKA) general manager Datin Paduka O.C.Phang, Kuala Dimensi Sdn. Bhd. Chief operating officer Stephen Abok and architect Bernard Tan Seng Swee of BTA Architect charged with multiple counts of criminal breach of trust and cheating are “big fishes” in the RM12.5 billion Port [...]]]></description>
			<content:encoded><![CDATA[<p>Attorney-General Tan Sri Gani Patail yesterday said that former Port Klang Authority (PKA) general manager Datin Paduka O.C.Phang, Kuala Dimensi Sdn. Bhd. Chief operating officer Stephen Abok and architect Bernard Tan Seng Swee of BTA Architect charged with multiple counts of criminal breach of trust and cheating are “big fishes” in the RM12.5 billion Port Klang Free Zone (PKFZ) scandal.</p>
<p>How many Malaysians will agree with Gani that these three are the “big fishes” in the PKFZ scandal?</p>
<p>Guilty or otherwise, there can be no doubt that the trio are mere “cogs in the wheel” of the “mother of all scandals” and the authorities concerned have still to bring the “big fishes” to justice.</p>
<p>Gani said that investigations into the PKFZ scandal are ongoing and more people would be brought to book.<br />
<span id="more-992"></span><br />
What Malaysians want to see are not just the prosecution of the “cogs in the wheel” but the masterminds of the PKFZ “mother of all scandals”.</p>
<p>PricewaterhouseCoopers (PcW) investigations and the Public Accounts Committee (PAC) inquiries have laid building blocks for the full whole sordid tale of the RM12.5 billion PKFZ scandal to be told to Malaysians, right from the beginning of the PKFZ land acquisition in the nineties, and for all those involved in the intricate and complex conspiracy to be revealed.</p>
<p>The Prime Minister, Datuk Seri Najib Razak should “walk the talk” of his commitment to combat corruption and abuses of power by establishing a Royal Commission of Inquiry to investigate and reveal all about the PKFZ “mother of all scandals” or he would have failed his first KPI test of placing “fighting corruption” as one of six priority sectors.</p>
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		<title>Pakatan leaders sceptical about PKFZ arrests</title>
		<link>http://pkfz-scandal.org/2009/12/10/pakatan-leaders-sceptical-about-pkfz-arrests/</link>
		<comments>http://pkfz-scandal.org/2009/12/10/pakatan-leaders-sceptical-about-pkfz-arrests/#comments</comments>
		<pubDate>Thu, 10 Dec 2009 04:02:39 +0000</pubDate>
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		<guid isPermaLink="false">http://pkfz-scandal.org/?p=990</guid>
		<description><![CDATA[The Malaysian Insider
Thursday December 10 2009
Pakatan leaders sceptical about PKFZ arrests
By Syed Jaymal Zahiid
KUALA LUMPUR, Dec 10 — Pakatan Rakyat national leaders were unimpressed and sceptical about today’s arrests made in connection to the RM 12.5 billion Port Klang Free Zone (PKFZ) scandal, calling it a scapegoating exercise where the main culprits still remain free.
DAP [...]]]></description>
			<content:encoded><![CDATA[<p>The Malaysian Insider<br />
Thursday December 10 2009</p>
<p>Pakatan leaders sceptical about PKFZ arrests</p>
<p>By Syed Jaymal Zahiid</p>
<p>KUALA LUMPUR, Dec 10 — Pakatan Rakyat national leaders were unimpressed and sceptical about today’s arrests made in connection to the RM 12.5 billion Port Klang Free Zone (PKFZ) scandal, calling it a scapegoating exercise where the main culprits still remain free.</p>
<p>DAP stalwart Lim Kit Siang said the arrests were a small move and had yet to prove the federal government’s will to get to the bottom of the scandal that involved bloated land valuations and double charges.</p>
<p>“Although we are seeing some movement, the arrest is a very small piece of a larger picture,” said the Ipoh Timur MP, who has been at the forefront of the Pakatan campaign on the PKFZ scandal.</p>
<p>“And unless there is a greater political will to deal with those responsible for the mother of all scandals and this only touches the surface of the problem,” he told a press conference in Parliament here.<br />
<span id="more-990"></span><br />
The police, together with graft-busters MACC, today arrested former general manager of the Port Klang Authority (PKA), Datin Paduka OC Phang, along with two others. All three were later charged for criminal breach of trust (CBT) and other offences at the Klang Sessions Courts. The trio were released after posting bail.</p>
<p>So far it is unclear if more personalities — such as former transport minister Datuk Seri Chan Kong Choy or Datuk Seri Tiong King Sing, who controls PKFZ contractor Kuala Dimensi Sdn Bhd (KDSB) — will face any action.</p>
<p>PKR de facto leader Datuk Seri Anwar brahim speaking to reporters in Parliament also shared Lim’s scepticism over the arrests.</p>
<p>“We welcome this move albeit it being a small move but just as what had happened to Perwaja, the smaller fishes were caught while the bigger sharks escape so in the PKFZ case, I hope this is not the beginning of a cover up on the issue,” he said.</p>
<p>Anticipating public doubt, the Attorney-General has said that the arrests of the three will not be the end of the PKFZ probe.</p>
<p>He said more are expected to be arrested and charged this Monday, with one of them being a KDSB engineer.</p>
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		<title>Chief Secretary Sidek’s failure to carry out Cabinet decision of July 2007 to take action against culprits responsible for RM12.5 billion PKFZ scandal a factor why Malaysia has worst ranking and score in 15 years in TI CPI 2009</title>
		<link>http://pkfz-scandal.org/2009/11/23/chief-secretary-sidek%e2%80%99s-failure-to-carry-out-cabinet-decision-of-july-2007-to-take-action-against-culprits-responsible-for-rm12-5-billion-pkfz-scandal-a-factor-why-malaysia-has-worst-ranking-a/</link>
		<comments>http://pkfz-scandal.org/2009/11/23/chief-secretary-sidek%e2%80%99s-failure-to-carry-out-cabinet-decision-of-july-2007-to-take-action-against-culprits-responsible-for-rm12-5-billion-pkfz-scandal-a-factor-why-malaysia-has-worst-ranking-a/#comments</comments>
		<pubDate>Mon, 23 Nov 2009 01:45:30 +0000</pubDate>
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		<guid isPermaLink="false">http://pkfz-scandal.org/?p=848</guid>
		<description><![CDATA[During the 2010 budget debate on 29th October 2009, I questioned the Cabinet decision to set up a super task force headed by the Chief Secretary to the Government Tan Sri Mohd Sidek Hassan to take over all investigations into the RM12.5 billion Port Klang Free Zone (PKFZ) scandal as it represented a “major step [...]]]></description>
			<content:encoded><![CDATA[<p>During the 2010 budget debate on 29th October 2009, I questioned the Cabinet decision to set up a super task force headed by the Chief Secretary to the Government Tan Sri Mohd Sidek Hassan to take over all investigations into the RM12.5 billion Port Klang Free Zone (PKFZ) scandal as it represented a “major step backwards in public accountability and good governance”, smacking of a super “cover up” instead of a demonstration of political will to get to the bottom of the “mother of all scandals”.</p>
<p>I argued that what is needed is a Royal Commission of Inquiry to conduct a comprehensive and no-holds-barred investigation into the “mother of all scandals” including relevant Ministerial and Cabinet aspects of the scandal instead of trying to sweep the whole issue back under the carpet.</p>
<p>I also posed the following question:</p>
<p>“In the first place, is Mohd Sidek the most appropriate person to head the super task force on the PKFZ scandal?<br />
<span id="more-848"></span><br />
“Before Mohd Sidek takes up this appointment, he should explain to the Malaysian public why he had failed in the past two years to carry out the Cabinet decision in July 2007 when it resolved on the RM4.6 billion bailout of PKFZ, including giving retrospective approval to the four illegal Letters of Support unlawfully given by the two previous Transport Ministers, Tun Dr. Ling Liong Sik and Tan Sri Chan Kong Choy, that the Chief Secretary should conduct an inquiry as to how the four Letters of Support could have issued unlawfully and to take the necessary disciplinary actions against the culprits who have now landed the country with a RM12.5 billion PKFZ scandal.</p>
<p>“Did Mohd Sidek carry out such an inquiry as not a single culprit had been identified, let alone penalised for the unlawful issue of the four Letters of Support in the past two years?</p>
<p>“Clearly, Mohd Sidek had not carried out the Cabinet instruction or there would not be today a merry-go-round of multiple investigations into the PKFZ scandal, but all without the necessary sweeping powers to get to the bottom of the scandal.</p>
<p>“Can Mohd Sidek succeed where he had failed in the past two years? I hope Parliament is given a specific answer to these questions in the ministerial replies.”</p>
<p>This is the reply that I have received from the Minister in the Prime Minister’s Department, Datuk Nazri Aziz, by way of a written answer as he had promised Parliament during the winding-up of the debate on November 9, 2009 for issues he was unable to reply orally because of the constraints of time.</p>
<p>This is Nazri’s response to my budget speech on the PKFZ scandal:</p>
<p>   1.</p>
<p>      YB Ipoh Timur mencadangkan agar ditubuhkan suruhanjaya diraja untuk menyiasat skandal Port Klang Free Zone (PKFZ). Untuk makluman Yang Berhormat, Kerajaan belum bercadang untuk menubuhkan suruhanjaya diraja kerana satu pasukan petugas khas telah ditubuhkan bagi mengemukakan cadangan untuk tindakan susulan Kerajaan berhubung laporan audit PKFZ tersebut.<br />
   2.</p>
<p>      YB Ipoh Timur ingin tahu sama ada Y.Bhg. Ketua Setiausaha Negara telah melaksanakan keputusan Mesyuarat Jemaah Menteri pada Julai 2007 berkenaan 4 surat sokongan oleh Menteri Pengangkutan ketika itu. Untuk makluman Yang Berhormat, Y.Bhg. Ketua Setiausaha Negara telah pun melaksanakan keputusan Mesyuarat Jemaah Menteri yang dimaksudkan iaitu berhubung 4 surat sokongan daripada Y.B. Menteri Pengangkutan ketika itu.</p>
<p>Nazri’s answers are most unsatisfactory and unacceptable, in particular his answer that the Chief Secretary, Tan Sri Mohd Sidek Hassan had carried out the Cabinet decision in July 2007 to conduct an inquiry as to how the four Letters of Support were issued unlawfully and to take the necessary disciplinary actions against the culprits who have now landed the country with the RM12.5 billion PKFZ scandal.</p>
<p>If the Chief Secretary had carried out the Cabinet decision in July 2007, there would have been no need for him now to head any PKFZ special task force into PKFZ scandal, as those responsible for abuse of power, criminal breach of trust and malpractices would have already been brought to court to face the full force of the law.</p>
<p>Last Thursday, Sidek issued his first statement as Chairman of the PKFZ Special Task Force – more than two months after its formation by the Cabinet in early September – stating that it agreed that the Transport Ministry asked the Board of Directors of the Port Klang Authority (PKA) to consider the recommendations by the Corporate Governance Ad Hoc Committee on the PKFZ project created by the Ministry earlier.</p>
<p>Sidek said the recommendations could be implemented without involving any amendments to the law.</p>
<p>This was decided by the Special Task Force in its third meeting held on Nov 2.</p>
<p>Sidek said the meeting was also informed of the action taken by the Royal Malaysia Police and the Malaysian Anti-Corruption Commission (MACC) so far, with the MACC investigation into the PKFZ scandal expected to be completed by the end of the year.</p>
<p>The Cabinet Special Task Force appears to be acting like a postman or reporter than as an alternative to a Royal Commission of Inquiry not only to get to the bottom of the RM12.5 billion PKFZ scandal but to bring to book the culprits for landing the country with the “mother-of-all-scandals”.</p>
<p>If Sidek had carried out the Cabinet decision of July 2007 to take all necessary action against the culprits responsible for the PKFZ scandal, including former Transport Ministers and Port Klang Authority officers, the PKFZ scandal would not have reached the present magnitude. Furthermore, there would be no need for the Cabinet to establish any Special Task Force to do what should have been done under the Cabinet decision of July 2007.</p>
<p>Undoubtedly, one reason why Malaysia’s has suffered the ignominy of the worst ranking and score in 15 years in Transparency International (TI) Corruption Perception Index (CPI) 2009 must be traced directly to the failure of the Chief Secretary in discharging the task entrusted on him by the Cabinet in July 2007 with regard to the PKFZ scandal.</p>
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		<title>PAC proposal to investigate CKC for cbt – testimony of MACC impotence/failure</title>
		<link>http://pkfz-scandal.org/2009/11/09/pac-proposal-to-investigate-ckc-for-cbt-%e2%80%93-testimony-of-macc-impotencefailure/</link>
		<comments>http://pkfz-scandal.org/2009/11/09/pac-proposal-to-investigate-ckc-for-cbt-%e2%80%93-testimony-of-macc-impotencefailure/#comments</comments>
		<pubDate>Mon, 09 Nov 2009 07:37:59 +0000</pubDate>
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		<guid isPermaLink="false">http://pkfz-scandal.org/?p=846</guid>
		<description><![CDATA[Why must Malaysian Anti-Corruption Commission (MACC) wait for Public Accounts Committee (PAC) recommendation for further investigation into former Transport Minister Tan Sri Chan Kong Choy for possible offence of criminal breach of trust in the RM12.5 billion Port Klang Free Zone (PKFZ) scandal when the first report was lodged with the Anti-Corruption Agency (ACA) as [...]]]></description>
			<content:encoded><![CDATA[<p>Why must Malaysian Anti-Corruption Commission (MACC) wait for Public Accounts Committee (PAC) recommendation for further investigation into former Transport Minister Tan Sri Chan Kong Choy for possible offence of criminal breach of trust in the RM12.5 billion Port Klang Free Zone (PKFZ) scandal when the first report was lodged with the Anti-Corruption Agency (ACA) as far back as 2004?</p>
<p>Isn’t this testimony of the failure, ineffectiveness and impotence of MACC and its predecessor ACA?</p>
<p>These are the questions I posed to the Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz in the ten minutes he touched on corruption in the government winding-up on the budget before he ended his reply for lunch-break today.</p>
<p>I remarked that Nazri was defending the status quo of a worsening corruption problem in Malaysia instead of spearheading an attack on corruption, as is happening in Indonesia.</p>
<p>Nazri was in his classic mode of denial and also disagreed that there is need for a parliamentary motion to adopt the PAC report on the PKFZ scandal for all MPs to take a stand on the PAC recommendations.<br />
<span id="more-846"></span><br />
Earlier in his reply, Nazri created an uproar when he said that V.K. Lingam of “correct, correct, correct” infamy had not broken any law in brokering the appointment of judges.</p>
<p>As Malaysian Insider reported:</p>
<p>    Now Nazri says VK Lingam broke no law<br />
    By Syed Jaymal Zahiid</p>
<p>    KUALA LUMPUR, Nov 9 — Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz sparked an uproar in Parliament today when he said “judiciary fixer” V.K. Lingam had been let off the hook “because he had broken no law”.</p>
<p>    Nazri also suggested that Lingam breached no laws as he might “have just acted to fix the appointment of judges as if he was brokering the appointment of senior judges to impress people”.</p>
<p>    “I am not denying that it was Lingam in the tape. But I am also saying that there are a lot of conmen in this world. Who knows he might have just acted when he was calling the so-called judges to impress,” said Nazri in his ministerial winding-up speech on the 2010 Budget debate.</p>
<p>    Nazri argued that from the legal perspective Lingam could have merely made a suggestion as to who should be appointed to senior posts in the judiciary.</p>
<p>    “I am here to stress that there is nothing to stop the prime minister from receiving suggestions from any parties. Should anyone act to advise the prime minister on the appointment of judges, this act itself cannot be taken as an offence.</p>
<p>    “Unless it’s clear that the action (by Lingam) was clearly aimed at conspiring to subvert the judiciary or made to get favours… (but) the findings of the commission found none of this,” said the minister.</p>
<p>    Opposition MPs had during the debate session demanded answers as to why the Attorney-General had decided to take “no further action” towards Lingam despite the findings of a royal commission set up to probe the infamous “correct, correct, correct” video recording that allegedly saw the senior lawyer brokering the appointment of judges.</p>
<p>    The royal commission had proposed that action be taken against Lingam and several others purportedly involved in the recording including former Chief Justice Tun Eusoff Chin, Tun Ahmad Fairuz Sheikh Abdul Halim and tycoon Tan Sri Vincent Tan, a close friend of former premier Tun Dr Mahathir Mohamad.</p>
<p>    Nazri revealed that investigations by the Malaysian Anti-Corruption Commission (MACC) on the figures named also found no conclusive evidence that there was any form of power abuse by any of them.</p>
<p>    His remarks invited scathing criticism from the opposition benches.</p>
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		<title>MACC should be censured for failing to bring to court those guilty of abuses of power and corruption in the RM12.5 billion PKFZ scandal although the first report was lodged as far back as 2004</title>
		<link>http://pkfz-scandal.org/2009/11/06/macc-should-be-censured-for-failing-to-bring-to-court-those-guilty-of-abuses-of-power-and-corruption-in-the-rm12-5-billion-pkfz-scandal-although-the-first-report-was-lodged-as-far-back-as-2004/</link>
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		<pubDate>Fri, 06 Nov 2009 07:36:34 +0000</pubDate>
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		<guid isPermaLink="false">http://pkfz-scandal.org/?p=844</guid>
		<description><![CDATA[The Malaysian Anti-Corruption Commission (MACC) should be censured for failing to bring to court even a single person of those guilty of abuses of power and corruption in the RM12.5 billion Port Klang Free Zone (PKFZ) scandal though the first corruption report was lodged as far back as 2004.
How can MACC convince Malaysians that it [...]]]></description>
			<content:encoded><![CDATA[<p>The Malaysian Anti-Corruption Commission (MACC) should be censured for failing to bring to court even a single person of those guilty of abuses of power and corruption in the RM12.5 billion Port Klang Free Zone (PKFZ) scandal though the first corruption report was lodged as far back as 2004.</p>
<p>How can MACC convince Malaysians that it is now a Malaysian version of Hong Kong’s ICAC (Independent Commission Against Corruption) when all it has demonstrated is its overzealousness and even abuses of power in investigating a RM2,400 Pakatan Rakyat state assembly constituency allocation resulting in the mysterious death of Teoh Beng Hock, while it has completely nothing to show and totally impotent in the RM12.5 billion PKFZ “mother of all scandals’?</p>
<p>An exchange between Public Accounts Committee (PAC) member and DAP Petaling Jaya Utara MP Tony Pua and the MACC Chief Commissioner Datuk Seri Ahmad Said Hamdan at the PAC meeting on 23rd June 2009 highlighted the hypocrisy of the MACC.<br />
<span id="more-844"></span><br />
This happened when Ahmad Said hid behind the secrecy provisions of the MACC Act to refuse to disclose any details about the outcome of MACC investigations into the PKFZ scandal.</p>
<p>This led to an outburst by Pua protesting at Ahmad Said’s refusal to give any information to the PAC about MACC investigations into the PKFZ scandal, pointing out that Ahmad Said had no such qualms when he had said publicly that MACC had “good and strong evidence” of corruption against the Selangor Mentri Besar Tan Sri Abdul Khalid over the “car and cow” controversy.</p>
<p>As Pua rightly told Ahmad Said at the PAC exchange, what the MACC Chief Commissioner did amounted to “contempt” of Parliament.</p>
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		<title>PAC report on PKFZ scandal revealed ongoing high-level conspiracy to suppress pertinent information about Ministerial and top governmental abuses of power and malpractices</title>
		<link>http://pkfz-scandal.org/2009/11/05/pac-report-on-pkfz-scandal-revealed-ongoing-high-level-conspiracy-to-suppress-pertinent-information-about-ministerial-and-top-governmental-abuses-of-power-and-malpractices/</link>
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		<pubDate>Thu, 05 Nov 2009 07:35:28 +0000</pubDate>
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		<guid isPermaLink="false">http://pkfz-scandal.org/?p=842</guid>
		<description><![CDATA[The Public Accounts Committee Report on the Port Klang Free Zone scandal does not reveal enough although it had revealed inadvertently what it had not intended to reveal – the ongoing high-level conspiracy to suppress pertinent information about Ministerial and top government abuses of power and malpractices landing the country with a RM12.5 “mother of [...]]]></description>
			<content:encoded><![CDATA[<p>The Public Accounts Committee Report on the Port Klang Free Zone scandal does not reveal enough although it had revealed inadvertently what it had not intended to reveal – the ongoing high-level conspiracy to suppress pertinent information about Ministerial and top government abuses of power and malpractices landing the country with a RM12.5 “mother of all scandals”.</p>
<p>This is why the statement by the Prime Minister, Datuk Seri Najib Razak that the special task force set up by the Cabinet in September on the PKFZ scandal would look into the PAC findings and would take action is greeted with widespread skepticism and disbelief.</p>
<p>The Deputy Prime Minister, Tan Sri Muhyiddin Yassin is competing with the Prime Minister as to who can make a more incredulous statement on this subject.</p>
<p>Muhyiddin said PAC had the power to recommend that former transport minister Tan Sri Chan Kong Choy and former Port Klang Authority general Datin Paduka Phang Oi Choo be investigated for criminal breach of trust in the PKFZ, and that the government’s stand on the PKFZ scandal had been clear from the start,viz:<br />
<span id="more-842"></span><br />
“We want to reach the bottom of the issue, that is, to look into how the scandal took place. We want to be transparent.”</p>
<p>The Prime Minister, the Deputy Prime Minister and the Cabinet are all putting up a great pretence as if they are learning about the abuses of power, criminal breach of trust, illegalities and improprieties in various aspects of the PKFZ scandal for the first time, when most of this information had been in their possession for quite some time.</p>
<p>In fact, I had raised many of these issues in the previous Parliament whether by way of abortive emergency motion under Section 18 of the Standing Orders or speeches during budget and other debates.</p>
<p>The PAC has issued a damning report against Chan and Phang and wants the Malaysian Anti-Corruption Commission and the Police to initiate investigations against them and several others for criminal breaches of trust.</p>
<p>The PAC should have issued a damning report against the MACC and the Police for failing in their duties to uphold the law, for if the government is really serious as claimed by Najib and Muhyiddin in wanting get to the bottom of the PKFZ scandal, the various errant personalities would already have been hauled to court and standing trial for a multitude of criminal offences.</p>
<p>But even up to now, the government is still continuing with the conspiracy of pretences, presenting a front as if they knew nothing about the various revelations in the PAC report and that the Special Task into the PKFZ scandal recently set up by the Cabinet and headed by the Chief Secretary would work on the revelations of the PAC report.</p>
<p>Such pretences are most shocking and even outrageous. This is why my immediate response to Najib’s announcement on the super task force into the PKFZ scandal in September was to ask whether it would be a “super cover-up” task force into the PKFZ scandal.<br />
I will just give one example – the unlawful issue of the Letters of Support by the former Transport Ministers for the RM4.6 billion bonds which have landed in the country with the RM12.5 billion PKFZ scandal.</p>
<p>The PAC Report said in p 22:</p>
<p>    “4.3.4. Pada 27 June 2007, Kerajaan telah memberi kelulusan secara retrospetik berhubung dengan peningkatan kos projek PKFZ kepada RM4.63 billion dan jaminan kerajaan bagi penerbitan bon bernilai RM4.63 billion termasuk kupon oleh KDSB. Kelulusan ini telah diberi kerana pengeluaran beberapa siri letter of support oleh Menteri Pengangkutan yang secara implicit merupakan jaminan daripada kerajaan dari segi undang-undang. LPK diberi pinjaman mudah sehingga RM4.63 billion untuk membiayai projek PKFZ. Kerajaan juga memutuskan supaya pegawai terlibat dalam perbuatan melanggar prosedur yang serious sehingga meletakkan kerajaan dalam keadaan serba salah wajar dikenakan tindakan.”</p>
<p>This 27 June 2007 decision to retrospectively validate that RM4.6 billion bond because of unlawful issue of Letters of Support by the Transport Ministers concerned was made by the Cabinet, but up to now, for more than two years, the Malaysian public and Parliament have not been told the truth – with Cabinet Ministers and Deputy Ministers continuing to mislead Parliament by denying the legal status of these Letters of Support.</p>
<p>The Chief Secretary Tan Sri Mohd Sidek Hassan now heading the Special Task Force into the PKFZ scandal, was directed by the Cabinet in June 2007 to conduct an inquiry as to how the Letters of Support could have issued unlawfully and to take the necessary disciplinary actions against the culprits who have now landed the country with a RM12.5 billion PKFZ scandal.</p>
<p>The Chief Secretary should explain why this had not been done for more than two years. Why didn’t PAC summon the Chief Secretary to report on the status of such investigations since June 2007?</p>
<p>It is time to end the high-level conspiracy to cover up a full disclosure of all aspects and levels of the PKFZ scandal. Let the full can of worms and swamp of crocodiles in the RM12.5 billion PKFZ scandal be fully exposed. </p>
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		<title>Attorney-General Gani Patail should resign unless he can explain why he failed to take action against former Transport Minister Chan Kong Choy for criminal breach of trust</title>
		<link>http://pkfz-scandal.org/2009/11/04/attorney-general-gani-patail-should-resign-unless-he-can-explain-why-he-failed-to-take-action-against-former-transport-minister-chan-kong-choy-for-criminal-breach-of-trust/</link>
		<comments>http://pkfz-scandal.org/2009/11/04/attorney-general-gani-patail-should-resign-unless-he-can-explain-why-he-failed-to-take-action-against-former-transport-minister-chan-kong-choy-for-criminal-breach-of-trust/#comments</comments>
		<pubDate>Wed, 04 Nov 2009 07:34:08 +0000</pubDate>
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		<guid isPermaLink="false">http://pkfz-scandal.org/?p=840</guid>
		<description><![CDATA[At long last, the Public Accounts Committee (PAC) report on the mother of all scandals, the RM12.5 billion Port Klang Free Zone (PKFZ), has been tabled in Parliament, together with several tombs of documents, viz verbatim minutes of 13 PAC meetings on the subject from 11th June to 3rd September 2009, Price Waterhouse Coopers’ report [...]]]></description>
			<content:encoded><![CDATA[<p>At long last, the Public Accounts Committee (PAC) report on the mother of all scandals, the RM12.5 billion Port Klang Free Zone (PKFZ), has been tabled in Parliament, together with several tombs of documents, viz verbatim minutes of 13 PAC meetings on the subject from 11th June to 3rd September 2009, Price Waterhouse Coopers’ report on position review of PKFZ and its appendices.</p>
<p>The PAC report has confirmed and vindicated my statements and allegations about the PKFZ not only as “a can of worms” but a “swamp of crocodiles” that I have made in Parliament since the last session, and raises the question why no action had been taken very much earlier to avoid the rotten state of the PKFZ scandal today.</p>
<p>The PAC report has confirmed that RM645.87 million would have been saved if the PKFZ land had been acquired under the Land Acquisition Act 1960, for then it would have cost only RM442.13 million and not RM1.088 billion before interest.<br />
<span id="more-840"></span><br />
PAC recommended that former Transport Minister Datuk Seri Chan Kong Choy be investigated by the Malaysian Anti-Corruption Commission (MACC) and the Police for unlawfully issuing three Letters of Support which has landed the country with the RM12.5 billion PKFZ scandal, citing the offence of criminal breach of trust under Section 14(1) of the Financial Procedure Act 1957 read together with Section 409B Penal Code.</p>
<p>I commend PAC for taking such a clear stand but I cannot wonder what is the use of such a reference to the MACC, when the MACC and previously the Anti-Corruption Agency had been aware of these facts as I had spoken about them many times in Parliament in the past three years.</p>
<p>This is from the verbatim report of the PAC meeting of 23rd June 2009 in the exchange between PAC member and DAP MP for Petaling Jaya Utara Tony Pua and the MACC Director of Investigations Datuk Haji Mohd Shukri bin Abdull:</p>
<p>    Pua Kiam Wee : Akan tetapi, sebelum ini, sebelum 2007 pun isu-isu salah guna kuasa telah pun dikemukakan dengan jelas terutamanya mengenai isu letter of support yang telah ditandatangani oleh pihak Menteri pada masa itu telah pun jelas dan telah pun diakui oleh ramai termasuk pihak-pihak daripada kerajaan bahawa seseorang Menteri Pengangkutan tidak mempunyai kuasa untuk memberikan apa-apa jaminan kewangan kepada pihak sesiapa dan apakah tindakan yang diambil pada masa itu? Kenapa pada masa itu tiada siasatan diambil untuk menyiasat sekiranya ada unsur-unsur salah guna kuasa. Sekurang-kurangnya salah guna kuasa dan boleh jadi isu penyelewengan pada masa itu.</p>
<p>    Datuk Haji Mohd Shukri bin Abdull : Okey, Tuan Pengerusi dan Yang Berhormat, Letter of Support yang dikatakan dikeluarkan oleh Menteri kepada OSK untuk pinjam kepada Kuala Dimensi juga merupakan salah satu isu yang kita siasat dan kita complete siasatan itu dan Timbalan Pendakwa Raya berpendapat bahawa tiada kesalahan salah guna kuasa berlaku. Itu pendapat yang dikeluarkan oleh Timbalan Pendakwa Raya. Itu satu isu yang kita siasat Tuan Pengerusi.</p>
<p>From the above verbatim record, it is crystal clear that the fact of Chan Kong Choy having abused his powers as Transport Minister and committed breach of trust in unlawfully issuing the three letters of support were not new information to the MACC, as it had investigated them and found that no offence had been committed.</p>
<p>What purpose can be served by PAC recommending that SPRM should further investigate into Chan Kong Choy for the offence of criminal breach of trust when it had already investigated and cleared him of having committed any such offence?</p>
<p>What is urgently needed is a Royal Commission of Inquiry to build on the PAC findings as well as to investigate why the MACC, the Attorney-General and other key institutions and important officials had failed to discharge their duties in allowing the PKFZ scandal to reach the present astronomical scale.</p>
<p>Attorney-General Tan Sri Gani Patail had appeared before the PAC to reiterate that Chan had unlawfully given an implicit government guarantee in the three Letters of Support which he had no power to give as Transport Minister. The question is why the Attorney-General had failed to take action against Chan for abuse of power or criminal breach of trust in illegally issuing three Letters of Support landing the country with the RM12.5 billion PKFZ scandal.</p>
<p>Gani Patail should resign as Attorney-General if he cannot give a satisfactory explanation.</p>
<p>Parliament should have a special debate on the PAC report on the PKFZ scandal, but the first step is for MPs to go through the tomb of PKFZ documents tabled in Parliament today.</p>
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		<title>Super cover-up of RM12.5 billion PKFZ scandal?</title>
		<link>http://pkfz-scandal.org/2009/10/30/super-cover-up-of-rm12-5-billion-pkfz-scandal/</link>
		<comments>http://pkfz-scandal.org/2009/10/30/super-cover-up-of-rm12-5-billion-pkfz-scandal/#comments</comments>
		<pubDate>Fri, 30 Oct 2009 07:32:14 +0000</pubDate>
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		<guid isPermaLink="false">http://pkfz-scandal.org/?p=838</guid>
		<description><![CDATA[1. RM12.5 billion Port Klang Free Zone (PKFZ) scandal.
The Cabinet decision last month to set up a super task force, headed by Chief Secretary to the Government Tan Sri Mohd Sidek Hassan, to take over all investigations into the PKFZ scandal is not a demonstration of political will to get to the bottom of the [...]]]></description>
			<content:encoded><![CDATA[<p>1. RM12.5 billion Port Klang Free Zone (PKFZ) scandal.</p>
<p>The Cabinet decision last month to set up a super task force, headed by Chief Secretary to the Government Tan Sri Mohd Sidek Hassan, to take over all investigations into the PKFZ scandal is not a demonstration of political will to get to the bottom of the “mother of all scandals” but the opposite.</p>
<p>I see it as a major step backwards in public accountability and good governance, as it smacks of being a super “cover up” task force for the PKFZ scandal.</p>
<p>What is needed is a Royal Commission of Inquiry to conduct a comprehensive and no-holds-barred investigation into the “mother of all scandals” including relevant Ministerial and Cabinet aspects of the scandal instead of trying to sweep the whole issue back under the carpet.<br />
In the first place, is Mohd Sidek the most appropriate person to head the super task force on the PKFZ scandal?<br />
<span id="more-838"></span><br />
#</p>
<p>Before Mohd Sidek takes up this appointment, he should explain to the Malaysian public why he had failed in the past two years to carry out the Cabinet decision in July 2007 when it resolved on the RM4.6 billion bailout of PKFZ, including giving retrospective approval to the four illegal Letters of Support unlawfully given by the two previous Transport Ministers, Tun Dr. Ling Liong Sik and Tan Sri Chan Kong Choy, that the Chief Secretary should conduct an inquiry as to how the four Letters of Support could have issued unlawfully and to take the necessary disciplinary actions against the culprits who have now landed the country with a RM12.5 billion PKFZ scandal.</p>
<p>Did Mohd Sidek carry out such an inquiry as not a single culprit had been identified, let alone penalised for the unlawful issue of the four Letters of Support in the past two years ?</p>
<p>Clearly, Mohd Sidek had not carried out the Cabinet instruction or there would not be today a merry-go-round of multiple investigations into the PKFZ scandal, but all without the necessary sweeping powers to get to the bottom of the scandal.<br />
Can Mohd Sidek succeed where he had failed in the past two years? I hope Parliament is given a specific answer to these questions in the ministerial replies.</p>
<p>I have always maintained that the MCA, as the party which is most implicated in the PKFA scandal as so many MCA top leaders involved whether as Transport Minister or Port Klang Authority Chairman, should take a stand to ensure that there should be no further cover-up of the PKFZ scandal and give total support in Cabinet and Parliament for a Royal Commission of Inquiry to bring to book all MCA, Umno and BN leaders implicated in the PKFZ “mother of all scandals” – but unfortunately, the PKFZ scandal is being used only as a pawn in the ongoing MCA power struggle.<br />
#</p>
<p>Closure of V.K. Lingam case, as revealed by Minister in the Prime Minister’s Department, Datuk Seri Nazri Aziz that no legal action would be taken despite the recommendation of the Royal Commission of Inquiry into Lingam Tapes that action be taken.<br />
#</p>
<p>The crisis of confidence in the key institutions in the country is also highlighted by Raja Petra Kamaruddin’s two days ago, viz:</p>
<p>    “To those who walk in the corridors of power, I wish to inform you that I know you are beating up my son in the Sungai Buloh Prison. Every day he is being subjected to beatings to force him to withdraw his not guilty plea and to plead guilty to the various charges he is facing.</p>
<p>    “I also know he is being subjected to these daily beatings to force him to withdraw his not guilty plea and instead plead guilty because there is no evidence against him and the charges are merely trumped-up charges.</p>
<p>    “Furthermore, I know he is being threatened with six additional charges to the ones he is already facing and he is being beaten up to force him to plead guilty to these charges as well.</p>
<p>    “My son has informed me he can no longer stand these daily beatings and he wants to plead guilty to the charges. I have advised him to do so although we both realise that this means he will be spending at least ten years or so in jail.</p>
<p>    “My son is aware he is being subjected to this torture to induce me to surface and he is prepared to plead guilty and spend ten years in jail if that means it will save me from the powers-that-be.</p>
<p>    “Today, Barisan Nasional is in power so it has the power of life and death over its citizens. Well, who knows, one day Barisan Nasional might be kicked out and Malaysia will see a new government.</p>
<p>    “Those behind the effort of torturing my son with these daily beatings had better hope that Barisan Nasional stays on as the government for a long, long time to come. If not, and if Barisan Nasional falls, then rest assured it will be retribution time and all those people who are using my son to get to me will be made to pay for it.</p>
<p>    “And, please, this is not a threat. This is a promise. And that is all I wish to say about the matter.”</p>
<p>Parliament and the nation are entitled to a full and satisfactory response to RPK’s blog.</p>
<p>[Speech6 in Parliament on 2010 Budget on 29.10.2009]</p>
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		<title>My question on RM12.5 billion PKFZ scandal for first day of Parliament on Monday has been kicked off to seven weeks later to Dec 3</title>
		<link>http://pkfz-scandal.org/2009/10/14/my-question-on-rm12-5-billion-pkfz-scandal-for-first-day-of-parliament-on-monday-has-been-kicked-off-to-seven-weeks-later-to-dec-3/</link>
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		<pubDate>Wed, 14 Oct 2009 07:29:29 +0000</pubDate>
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		<guid isPermaLink="false">http://pkfz-scandal.org/?p=834</guid>
		<description><![CDATA[My question on the RM12.5 billion Port Klang Free Zone (PKFZ) scandal for the first day of the budget session of Parliament on Monday, 19th October 2009 has been kicked off to seven weeks later to December 3 at the tail-end of the meeting, as if the PKFZ scandal is a trivial and inconsequential matter.
DAP [...]]]></description>
			<content:encoded><![CDATA[<p>My question on the RM12.5 billion Port Klang Free Zone (PKFZ) scandal for the first day of the budget session of Parliament on Monday, 19th October 2009 has been kicked off to seven weeks later to December 3 at the tail-end of the meeting, as if the PKFZ scandal is a trivial and inconsequential matter.</p>
<p>DAP MP for Segambut, Lim Lip Eng, had also submitted a question on the PKFZ scandal for the first day of Parliament on Monday, and his question had also be knocked off to Dec. 1, 2009.</p>
<p>I had slated to ask the Prime Minister, Datuk Seri Najib Razak in Parliament on Monday “the outcome of 2007 Cabinet decision commissioning the Chief Secretary, Economic Planning Unit, Prime Minister’s Department to look into various aspects of irregularities in the Port Klang Free Zone scandal, including unlawful issue of four Letters of Support”.</p>
<p>Why is the Prime Minister not ready to answer this question on Monday?<br />
<span id="more-834"></span><br />
This has reinforced my reservations about the Super Task Force into the PKFZ scandal set up by Cabinet in early September, headed by the Chief Secretary to the Government, Tan Sri Mohd Sidek Hassan.</p>
<p>The question that needs answer is what had happened to the Cabinet decision two years ago that the Chief Secretary head an investigation into the PKFZ scandal, including “determining the type of misconduct or criminal element on the part of individuals or entities involved in the project and recommend actions to be taken against them”?</p>
<p>If the Cabinet decision in 2007 could have ended in a blank, what guarantees are there that the Super Task Force set up in September this year would be any different?</p>
<p>I do not want to get involved in the intensifying MCA power struggle but many are seeing any departure of MCA President and Transport Minister Datuk Seri Ong Tee Keat as the effective end for any full accountability and transparency of the “mother-of-all-scandals”.</p>
<p>Are all the Cabinet Ministers, whether Umno, MCA or the Gerakan Minister in charge of KPI, prepared to give a categorical commitment that there will be no compromise in the full disclosure of the PKFZ scandal – whatever happens to the MCA power struggle?</p>
<p>The displacement of the two questions Lip Eng and I had submitted on the PKFZ sandal for the first day of Parliament on Monday to some five weeks later in December does not inspire confidence whatsoever that we will head in this direction.</p>
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		<title>Major cover up of RM12.5 billion PKFZ scandal at work?</title>
		<link>http://pkfz-scandal.org/2009/10/13/major-cover-up-of-rm12-5-billion-pkfz-scandal-at-work/</link>
		<comments>http://pkfz-scandal.org/2009/10/13/major-cover-up-of-rm12-5-billion-pkfz-scandal-at-work/#comments</comments>
		<pubDate>Tue, 13 Oct 2009 07:27:50 +0000</pubDate>
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		<guid isPermaLink="false">http://pkfz-scandal.org/?p=832</guid>
		<description><![CDATA[I had posed a question on the “mother-of-all-scandals”, the RM12.5 billion Port Klang Free Zone (PKFZ) scandal to the Prime Minister, Datuk Seri Najib Razak on the first day of the budget meeting of Parliament beginning on Monday, 19th October 2009.
I have just been informed that this question had disappeared altogether from the list of [...]]]></description>
			<content:encoded><![CDATA[<p>I had posed a question on the “mother-of-all-scandals”, the RM12.5 billion Port Klang Free Zone (PKFZ) scandal to the Prime Minister, Datuk Seri Najib Razak on the first day of the budget meeting of Parliament beginning on Monday, 19th October 2009.</p>
<p>I have just been informed that this question had disappeared altogether from the list of oral questions for Monday’s meeting of Parliament.</p>
<p>Signs of major cover-up of the PKFZ scandal at work?</p>
<p>DAP MP for Segambut, Lim Lip Eng’s question on the PKFZ scandal has also disappeared from the forthcoming parliamentary list of questions.</p>
<p>This is the question on the PKFZ scandal which I had submitted:<br />
<span id="more-832"></span><br />
This is the question on the PKFZ scandal which I had submitted:</p>
<p>    “19th Oct 2009 Monday</p>
<p>    “To ask the Prime Minister the outcome of 2007 Cabinet decision commissioning the Chief Secretary, Economic Planning Unit, Prime Minister’s Department to look into various aspects of irregularities in the Port Klang Free Zone scandal, including unlawful issue of four Letters of Support.” </p>
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