PAC proposal to investigate CKC for cbt – testimony of MACC impotence/failure


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?

Isn’t this testimony of the failure, ineffectiveness and impotence of MACC and its predecessor ACA?

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.

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.

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.

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.

As Malaysian Insider reported:

Now Nazri says VK Lingam broke no law
By Syed Jaymal Zahiid

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”.

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”.

“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.

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.

“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.

“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.

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.

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.

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.

His remarks invited scathing criticism from the opposition benches.

  1. #1 by rahmanwang on Monday, 9 November 2009 - 7:55 pm

    PAC,MACC ex ministers and current ministers are all corrupted.This PKFZ fiasco is a clear cut case of rampant corruption.Now the public wants to see what is the government next move.Some high profile ex ministers and current MP must be responsible!Don’t give us any of your bull story anymore.Malaysian are not stupid anymore.

  2. #2 by Onlooker Politics on Monday, 9 November 2009 - 8:00 pm

    “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.” (YB Kit)

    Correct! Correct! Correct!

    Your remark was absolutely correct!

    However, don’t you realize that many government top officers are so afraid that BN will lose its control in Parliament by GE13? Therefore, they feel that they should amass as much personal wealth as possible if they can by going through corruption practices. They plan to lay path for their retirement before Umno lost in the next General Election by fleeing to a free-of-legal-hassle country such as Zimbabwe with as much money as they can possibly amass during the next few years.

    If Nazri doesn’t try to maintain the status quo of the worsening corruption problems, he may not even survive his cabinet minister post if he is to displease the corrupted Umnoputras now and hence lead to his possible defeat in the contest for party post by the next Umno party election.

  3. #3 by k1980 on Monday, 9 November 2009 - 8:04 pm

    CKC will also be let off the hook “because he had broken no law”. Unless he is so stupid as to leave the mca and join PR. Then it will be a different story altogether and he will end up at the bottom of the macc building, suspected of committing suicide.panza Dut

  4. #4 by k1980 on Monday, 9 November 2009 - 8:13 pm

    If Hadi Awang is the “Pak Lah of PAS”, then OTK is the “Pak Lah of mca”, KTK is the “Pak Lah of Gerakan” and S. Vellu is the “Pak Lah of mic”. All due for the old folks’ home in their respective hometowns.

    http://www.themalaysianinsider.com/lite/articles.php?id=42803

  5. #5 by Onlooker Politics on Monday, 9 November 2009 - 8:15 pm

    YB Kit,
    Even if Pakatan Rakyat is able to take over the rule of Federal Government by GE13, I guess PR is going to take over a big government financial mess from Barisan Nasional.

    Barisan Nasional will try to squander all the government wealth first before it is ready to surrender the Federal administrative power to Pakatan Rakyat. What will be left for Pakatan Rakyat to handle after GE13 if PR wins may just be a huge Government debt burden and a fat, clumsy, and disobedient government workforce. Is Pakatan Rakyat ready to play a much more active role in order to influence and cooperate with the Conference of the Rulers in matter related to the appointment of key Government Officers such as the President of the Federal Court, the Chief-of-staff of the armed forces, the IGP, and the Chief Commissioner of MACC? I don’t foresee PR will achieve too far in political advance in Malaysia if PR fails to win the acceptance of the Malay Rulers of Peninsular Malaysia.

  6. #6 by lkt-56 on Monday, 9 November 2009 - 9:55 pm

  7. #7 by yhsiew on Monday, 9 November 2009 - 10:09 pm

    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. – Kit.
    =================================================

    Nazri is insulting the intelligence of the rakyat.

    Nazri should know that the rakyat are no longer living in the 1960s; they are not stupid and gullible anymore. His words indirectly convey the message that the BN government has no intention to reform.

  8. #8 by raven77 on Monday, 9 November 2009 - 11:54 pm

    All this MACC wayang is designed to take catch the attention of the PR….the BN must be up to no good elsewhere…

  9. #9 by GreenBug on Tuesday, 10 November 2009 - 12:02 am

    How can MACC handle the huge PKFZ fiasco when it can’t even handle the case of its Chief’s son Ahmad Shauky, who was convicted of child pornography and paedophile charges in an Adelaide Court in Feb 2008 but still employed as a pilot in MAS, mana boleh ini macam?

  10. #10 by pwcheng on Tuesday, 10 November 2009 - 1:35 am

    Well the former taxi man has to protect the MACc, or ACA as was called previously as the latter had also protected him during his heydays in the Entrepreneur Ministry.

  11. #11 by tenaciousB on Tuesday, 10 November 2009 - 2:27 am

    BN is an abomination to this country. It’s upto the learned and intellectual malaysians to rid them of power, the sooner the better. It is apparent that the whole BN reform is nothing but a deception. Anyhow no government which has been founded by the very wrong value system could ever reform itself unless it is altogether decommissioned. The mistakes were made since the inception of malaysia. It just continued to worsen through the years. Frankly there’s nothing to be proud of with regards to all the previous premiers, because none of them upheld the very important fundamentals of a nation. Too late to cry over spilt milk. However, the citizens can overthrow this regime with unity. An average ignorant malaysian just has to read the papers regarding the recent scandals in the government and realise that these scoundrels are getting away scot free with a fat bank balance. There’s no law and order in this country anymore, the judiciary system is defective, the MACC is self righteous, the police are behaving like mafias, the government is treating the parliament like a football management centre where they buy and sell players for a match, MCA/MIC does slapstick comedy every day now, and the premier is plotting yet another unorthodox take over of another state. all the above at the expense of our our our tax money!!!!!! we’ve lost a lot in this government there’s nothing left to lose except our dignity and integrity, so just vote them off the face of the planet and at least let a monkey rule the country we’ll be better off!

  12. #12 by Jeffrey on Tuesday, 10 November 2009 - 2:44 am

    One can justify that no action is taken because there is no hard evidence that judges’ appointments were brokered – however one cannot make a justification out of :-

    “the brokering of judges may be morally wrong, but there are no specific laws against it. …His actions can undermine and erode the integrity of the judiciary, but things must be viewed from a legal perspective…moral and legal must be separated”.

    This is “not correct”, “not correct” and “not correct” statement of law.

    Come on lah – how could there be no specific laws against “brokering of judges”???

    Influence peddling in relation to official position esp a judge position will constitute a corrupt act under any anti corruption legislation anywhere in the world….

    It is an act of corruption to even broker/fix the referee in a “football” game, let alone a referee in the game of litigation in a court ie judge in relation to cases.

    Brokering of judges will come squarely under purview of our anti corruption legislation, the MACC Act.

    Under this Act, it is an offence to give “gratification” to a public official like a judge to procure his “performing or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing the performance of, any official act” or “showing or forbearing to show any favour or disfavour” in his capacity as judge, with the expression “gratification” being defined in MACC as to include any offer of “any office, dignity, employment, contract of employment or services, and agreement to give employment or render services in any capacity”….

    It is true that law and morality – though often intersecting- are not necessarily parallel/congruent in every instance.

    [For example, it is criminal for a person to throw TBH out of 14th Floor of MACC building, Plaza Masalam, but it may not be criminal for another witness (not abetting/encouraging the criminal act in any way) but just to stand by and watch the perpetration of that crime without lifting even a finger to prevent or stop it – no matter how immoral or callous the non-involvement and indifference may be!]

    This strange division between a crime and morality is based on the yardstick that an act no matter how immoral does not descend to level of being categorised a crime unless it “harms” other people. The benchmark has allways been drawn at “harm”.

    The harm may be inflicted on another person or his property – say robbery, murder, stealing, rape, criminal breach of trust etc.

    More so if the harm is inflicted on institutions like judiciary and fair administration of justice, because then the harm inflicted is not just on an institution but through that institution the harm is inflicted on just about everybody, actual and potential seeking, as litigants, justice in courts! So how could that (brokering of judges) be just immoral but not criminal when the harm on institutional integrity and its effects are vast and grave on society and potentially greater on larger number of people and not just one person???

  13. #13 by johnnypok on Tuesday, 10 November 2009 - 2:46 am

    Aiyah, the Taxi minister himself is not so clean, and in order to survive he must continue to behave like a HP6 dog!

  14. #14 by Jeffrey on Tuesday, 10 November 2009 - 3:10 am

    ///….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…///

    If judge fixing/brokering is corrupt act and a crime” the motives of the perpetrator – whether to impress others are irrelevant and not exculpate the act. When charges of criminal intimidation and sedition were brought against Raja Petra Kamarudin (RPK) based on what he wrote, did it matter an iota RPK’s motives and whether he was just trying to impress others with his half truths or lies as the authorities describe them?

    The other part – “Should anyone act to advise the prime minister on the appointment of judges, this act itself cannot be taken as an offence” – yeah but this is sophisticated/fine skewing of the true issue since the Commission findings have nothing to do with anyone being proven as having called and advised the prime minister on the appointment of judges but what is proven is that someone called or took a call from a sitting judge, a public official, suggesting/implying that help would be given by way of advising the prime minister on the appointment of judges – that is the gravament of the charge – nevermind whether that (calling/advising the PM) was actually done, or if done, the then Prime Minister heeded or did not heed that advice.

  15. #15 by tenaciousB on Tuesday, 10 November 2009 - 3:23 am

    simply law of the jungle, now it’s whether you can take the jungle out of BN or BN out of the jungle..a conundrum..perhaps torch the jungle down and rebuild a proper city.

  16. #16 by sightseeing on Tuesday, 10 November 2009 - 5:24 am

    //Nazri should know that the rakyat are no longer living in the 1960s; they are not stupid and gullible anymore.//yhsiew
    ——————————-

    I hope you are right to assume that the rakyat are no longer stupid and gullible. The sad news is that a large majority are not only stupid and gullible but also blind as evidenced in Bagan Pinang.

  17. #17 by SENGLANG on Tuesday, 10 November 2009 - 7:47 am

    Malaysia has a law Minister who look like he now the law, but not the law, who look like A Minister, but worst than a gangster and bully boy.

    This guy is the worst of its kind. He is there not because he can serve the best of people interest but defend to his best the existing rotten and corrupted system. He has submit in totality to the corrupt.

    He may have the law and may know the law, just like the Lingam guy who has knowingly abuse the law to the fullest.

    The pity was the system still seem fit to cover their ass and therefore cover the corrupt system.

    As far as this guy is there it will serve as laughing stock to the world.

  18. #18 by SENGLANG on Tuesday, 10 November 2009 - 7:52 am

    The picture has been painted on the wall for decade.
    ACA or MACC what ever you want to call them, they are stooge of the Corrupt whose named them as Anti Corruption agency. This was worst of its kind, and agency suppose to anti corruption but ended up as the agency use to cover up all corruptions in Malaysia.

    There is no need to argue any further. MACC is taking instruction all the while for any action on the big big fish.

    They have wasting and eating into the taxpayers moneys and all these has been wasted on these bunch of stooges.

  19. #19 by Bigjoe on Tuesday, 10 November 2009 - 8:01 am

    By now, MACC is a joke and the fact the advisory board, who are suppose to be ‘persons of emminent’ have not resigned and throw rotten tomatoes at head and deputy, the home minister and PM, says a lot about so called the standards of ’emminent person’ within BN circles.

    We are a freaking joke of a country in law and order. Our institutions are frankly the stuff of late-night talk-show jokes. Consequently in reality we are living a dream state to believe we actually have a real society and nation.

    Frankly, I think its time for the rakyat to stop paying taxes or at least cut it in half-en-mass..If I were Hindraf, I would do that – threaten to start a not-pay taxes movement since its a freaking joke.. How many people can they throw in jail?

  20. #20 by taiking on Tuesday, 10 November 2009 - 8:41 am

    Nasri you are more than a McBully. You are McBozo – the one and only bozo in parliament.

  21. #21 by yhsiew on Tuesday, 10 November 2009 - 9:43 am

    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……(Kit)
    =======================================================

    The MACC is not allowed to act independently. It has to take order from the country’s no. 1.

  22. #22 by Jeffrey on Tuesday, 10 November 2009 - 10:17 am

    This is a universal problem everywhere. Since time immemorial, the law of jungle has operated where the “fittest” & “strongest” have ruled the ordinary and the powerless masses. In the part, we had emperors and monarchs, and even today, we have military elites like (say) in Myanmar. To counter this, everyone favors “democracy”. It is derived from Greek word “demos”, meaning people, so “democracy” is people rule, not elite rule…It means people participating in major decisions affecting their lives. Since in mass society, each individual cannot just assert his say, people participation is supposed to be by system of elections of representatives who decide on behalf of those who elected them. However we still can’t run away from the law of the jungle. In no time the elected representatives become elites not representing the electors’ interest but their own vested interests to stay in power. This is easy to do. They divide and rule to stay in power. They tinker with the election rules and procedures. Once in control they delineate election boundaries best calculated to ensure they keep being re-elected back in every elections. Being in power they.also control all major information dissemination by media organisations requiring licensing. Through patronage, they control key figures at helm of all major institutions from judiciary, military, police, anti corruption agencies, educational and religious establishments, civil service, the whole works. They can do this because with power they control the economic resources of the nation, a part of which is harnessed to keep gravy train running, and their supporters in all major institutions economically satisfied to side them and not be neutral. They even collaborate with private sector and business, give them licences and certain monopolies so that the largesse earned bu business interest can in part be rechannelled back to the ruling elites as slush funds to take care of whomsoever needed to protect the interest of ruling elites to maintain and perpetuate power. This is where, as can be seen, the ruling elites of yesteryear (militarists and monarchists) have now been replaced by new “democratic” elites whose only democratic credential is that they are supposedly subject to a system of periodic re-election and reaffirmation of consent of the people to rule or get replaced. However they have so dominated the system and skewed, manipulated and fine tuned it that even with less than 50% of total votes, the new “democatic” elites can still win more than 50% of the so called popular votes. The key feature here, we learn is that the ruling elites in an oligarchy protects its own – its generals, field marshals, captains, even long after they have left service and retired in the sunsets. This is because it is important to give signal to present generals, field marshals, captains propping out the ruling class and those who are about to join in the future, that the ruling class they help are not ungrateful: it not only allows a generous pension fund (literally and figuratively) but also allows one to enjoy a good rest and peaceful retirement after a career of defending one’s political masters and their interest. It is to show gratitude that their services are not forgotten. They will not be haunted by specter of investigations, legal charges no matter latter how people discover their wrong doings and bray for their blood. Nor is it a good idea to expose those helpers on their wrong doings when the helpers also have something on one to retaliate. Thus this the way “democratic” political elites as a class with their associates perpetuate their vested interest in continuing in power. Its all the playing out of the same principle of law of the jungle by which the “fittest” & “strongest” in power have ruled and will endeavour to rule the ordinary and the powerless masses to the first mentioned’s benefit ostensibly in the pretext of benefit to those they rule or who put them in position of rule in the first instance. Why else they call politics the art of deceiving and manipulating people in order to gain and stay in power?

  23. #23 by tenaciousB on Tuesday, 10 November 2009 - 10:31 am

    sightseeing :
    //Nazri should know that the rakyat are no longer living in the 1960s; they are not stupid and gullible anymore.//yhsiew
    ——————————-
    yep they are all morons sadly they traded in their future for a cheap bribe. I pity the fools LOL!

  24. #24 by tenaciousB on Tuesday, 10 November 2009 - 10:35 am

    I hope you are right to assume that the rakyat are no longer stupid and gullible. The sad news is that a large majority are not only stupid and gullible but also blind as evidenced in Bagan Pinang.

    Yep, the above is the sad state of fact of a majority of malaysians.

  25. #25 by merdeka on Tuesday, 10 November 2009 - 4:00 pm

    Malaysia Politics 101: Everything is decided by Jib only. So if jib say there is no corruption then there will be no corruption.

  26. #26 by tenaciousB on Tuesday, 10 November 2009 - 9:46 pm

    actually jib takes orders from his commanding officer mamakthir. so technically jib is T888 taking orders from Cybernet(MAMAKTHIR)

  27. #27 by Yee Siew Wah on Wednesday, 11 November 2009 - 1:40 pm

    MACC run by one a dumb dumb dickhead without a clue of what he is doing. As one blogger said :
    “How can MACC handle the huge PKFZ fiasco when it can’t even handle the case of its Chief’s son Ahmad Shauky, who was convicted of child pornography and paedophile charges in an Adelaide Court in Feb 2008 but still employed as a pilot in MAS, mana boleh ini macam?”
    Just look at that bum Lingam’s case. Unable to locate witness!!. What a bunch of stupid ars_holes investigators we have in MACC. The very witness is in fact waiting for them to contact her.
    For god sake, close MACC at once. Dont waste rakyat money and made ourselves the biggest laughing stock to the whole world.

  28. #28 by monsterball on Thursday, 12 November 2009 - 2:47 am

    One agency needs to see the other agency…where the wind blows….what to do or say.
    No regular feeding them with rewards from Najib….just watch these personalities twist and turn….just as good as any UMNO crooks.
    Some have clean records…and these are the people Najib is afraid of…to give conclusions…exposing UMNO BARU crooked deals.
    I sense UMNO BARU is held by the tails from few fronts.
    Unless….all are millionaires…Najib will get what’s coming to him.
    Yes..dogs eat dogs..cats fight cats…all within UMNO BARU for a commodity we call it….”MONEY”…..and since Mahathir said…money can do wonders and buy up a country….hinting and hinting..to his deciles..what to do…to rule forever…this is exactly what those given power will do exactly what Mahathir wants.
    But the want to be bought up…with millions..from UMNO.
    Lets see Najib robbing the poor will have enough money to fed all his greedy band of robbers.

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