PKFZ scandal: Ex-transport minister Ling charged


Former transport minister Ling Liong Sik was today charged at the Kajang Sessions Court over his involvement in the multi-billion ringgit Port Klang Free Zone (PKFZ) scandal.

Ling, 67, who is also former MCA president, is by far the most prominent politician to be nabbed in recent years.

He is charged under Section 418 of the Penal Code with misleading the cabinet between Sept 25 and Nov 6, 2002 into agreeing to purchase 999.5 acres of land on Pulau Indah for a project, that is now known as PKFZ, at a price of RM25psf on a deferred payment method for a 15-year period, at a 7.5 interest rate.

The cumulative interest paid would total at RM720 million at the end of the repayment period.

He was also ffered an alternative charge under Section 417 of the Penal Code for the same offence.

According to the charge sheet, the Finance Ministry had already valued the land at RM25psf – inclusive of compounded interest – and this fact was withheld by the accused from cabinet.

Ling pleaded not guilty to both charges and Sessions Court judge Suzana Hussin set bail at RM1 million. Mention has been fixed for Sept 3.

As Ling needed time to post bail, Ling is on personal bond for today, he was allowed time to do so at the sessions court tomorrow.

He was represented by counsel RR Sethu.

On leaving the courtroom, he told journalists that it was his first time to be in Putrajaya’s Palace of Justice, located next to the Kajang Sessions Court.

Asked whether he was confident about fighting the case, he said, “In the Palace of Justice, you must feel very confident.”

Ling appeared in court at 4.45pm accompanied by his wife Ena and two sons. He then proceeded to sit in the dock. Ling, who wore a purple striped shirt and a pair of sandals, was expressionless.

He is the second MCA president to be placed in the dock after Tan Koon Swan.

Earlier today, rumours of a very important personality (VIP) to be charged sent dozens of journalists, including those from foreign wire services, camping at the court complex this morning.

Most of them gathered at the lobby and main entrance of the courthouse. while a couple stationed themselves in and outside the courtroom.

After an eight-hour wait, at about 4pm, attorney-general Abdul Gani Patail and three DPPs, including head of prosecution Tun Abdul Majid Hamzah, arrived in court without speaking to the journalists. The other two were Manoj Kurup and Dzulkifli Ahmad.

More to come?

Last November, the Public Accounts Committee (PAC) had recommended in its report on the PKFZ controversy that former transport minister Chan Kong Choy and former Port Klang Authority (PKA) general manager OC Phang be probed for CBT (criminal breach of trust).

This was over the wrongful issuance of three letters of support by Chan and three letters of undertaking by Phang without Finance Ministry approval.

PAC said that it was informed by the attorney-general that the letters were implicitly a form of guarantee from the government to ensure that there would be allocations for PKA to enable it to meet its obligations under the development agreement.

PKFZ, a commercial and industrial project south of the capital, was conceived as a RM1.82 billion venture constructed over 1,000 acres.

However, costs are now expected to balloon to RM12.5 billion, making the affair one of the country’s biggest financial scandals and a major embarrassment for the government.

Probes into the project’s financial records since then have revealed instances of corruption, cases of conflict of interest as well as breach of trust.

Ling is one of the very rare top politicians in Malaysia to be charged with corruption.

In 2004, former land and cooperative development minister Kasitah Gaddam was charged in the Sessions Court with corrupt practice and cheating, the first cabinet member to be charged with such crimes. He was freed by the court without his defence being called last year.

Before Kasitah, former deputy prime minister Anwar Ibrahim, who is now opposition leader, was the other prominent politician charged with corruption. He was sentenced to a six-year jail term in 1999.

Another top politician who was charged with corruption was the late Harun Idris, the Selangor menteri besar from 1964 to 1976.

He was slapped with a six-year jail sentence but served three years behind bar before being pardoned by the king in 1981 on the advice of then new prime minister Dr Mahathir Mohamad.


Ling charged with cheating over PKFZ
By Asrul Hadi Abdullah Sani and Lee Wei Lian

PUTRAJAYA, July 29 – Tun Dr Ling Liong Sik was charged with cheating here today over the scandal hit Port Klang Free Zone (PKFZ) project.

The prosecution of Dr Ling comes as a huge shock and is expected to have repercussions for MCA as he is still considered a kingmaker in the party.

Dr Ling (picture) is believed to be the first Tun ever to be prosecuted.

The high powered prosecution team is led by the Attorney General Abdul Ghani Pattail, Deputy Public Prosector (dpp) Tun Majid Tun Hamzah and dpp Manoj Kurup.

Ling will be represented by Datuk R R Sethu.

Dr Ling led MCA from 1986 to 2003. The PKFZ project was mooted during his tenure as Transport Minister and the cost of the project, initially estimated at less than RM2 billion, more than doubled to RM4.6 billion by 2007.

The cost of the project has been further projected to swell to as much as RM12.5 billion due to interest costs from deferred payments if the trans-shipment hub fails to perform.

Though he left the post of MCA president in 2003, Ling is still influential in MCA and is perceived as a king maker and the charges will have repercussions on the party which is struggling to regain Chinese support.

The move to charge Ling however could help deflect criticisms that the Najib Administration lacks the will to go after the “real masterminds” behind the PKFZ project and boost its reform credentials.
The charges concern land evaluations under the penal code with the principle charge under section 418 with the alternative charge being 417.

Ling claimed trial to the charges and when the charges were read out to him Ling said he was “not guilty” to both charges.

The AG has requested bail at RM1 million and the defence had no objections.

Punishment for offences under section 417 carries a jail term of not more than 5 years and not more than 7 years under section 418.

The case has been fixed for mention on September 3 and judge will be Sessions Court judge Suzana Hussin.

According to the penal code, section 418 concerns “Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect” while section 417 concerns “Punishment for cheating.”

Ling entered the court accompanied by five policemen and dressed in a striped blue and white shirt and black slacks.

His wife Toh Puan Ena Ling was spotted in the court gallery.

Ling is out on police bail and will post bail tomorrow as it is too late for him to do so today

When approached by reporters on his way out of the court, Ling said: “When you’re in the Palace of Justice, you must be very confident of justice.”

  1. #1 by boh-liao on Thursday, 29 July 2010 - 7:02 pm

    After minum teh, must hv wayang 1
    No handcuffs pls, they r 4 kinky sx 1
    RM1 million bail, sup sup suai lah, paid oredi
    More also can pay 1, no problemo
    Sure JL (not Jo Lopez, but d new rich kid on d block) can gladly help 1, just call Paris

  2. #2 by grace on Thursday, 29 July 2010 - 7:03 pm

    No big deal! After so long only one miserable MCA minister? Ha!Ha! What about the others who ar filthy rich? I do not hold too much hope in this case. Just like other cases involving big sharks, he will most probably get away. My question is , why was Lim not hand cuffed?
    Najib, pleas do not hoodwink the public by this supposedly high profile case. A swallow does not make a summer!!!

  3. #3 by Godfather on Thursday, 29 July 2010 - 7:21 pm

    A sure sign that the Sarawak state elections is about to be announced.

    I will wait to hear if Chan Kong Choy and Tiong are both charged with misleading the cabinet and the public.

    The betting on the street now is that the case will never be heard in a court of law.

  4. #4 by a-malaysian on Thursday, 29 July 2010 - 7:36 pm

    Until we see all those big fish involved in corruption got convicted and jailed, let us hold our breath.

    Please do not be swayed by such a staged show.

    Arrest and Charged is different from being
    CONVICTED And Jailed

    Tun Ling Liong Sik Charged, A Conviction Perhaps Or Just A Najib’s Ploy ?

    GE 13 – Change The Federal Government No matter what, we must ensure that racist umno bn do not regain the power like they had for over the past fifty years.

  5. #5 by Jeffrey on Thursday, 29 July 2010 - 7:49 pm

    Picking on one chap Ling does not absolve the rest, the government , the present and preceding and the whole Malaysia Boleh system responsible for this PKFZ fiasco.

    Though PZFZ is the biggest loss its certaintly not the first nor the last!

    Its diverting focus of public ire/blame to one or two persons so the entire cast for the show is not implicated!

    If Ling and other Chinese Minister were alone wrong to unlawfully issue letters of support without MOF’s approval as required by the Finance Procedure Act, then why does the present administration perpetuate the wrong by ratifying these support letters subsequently and elevating them to status of binding legal guarantees by Govt retrospectively?

    This is evinced by the administration’s conduct (after scandal broke in public domain) in at least 3 principal respects:

    (a) Govt gave a further 4% soft loan of 4.6 billion to PKA to meet KDSB’s bond obligations relying on support letters;

    (b) Govt lawyer AG came out and say to Parliamentary Committee that support letters tantamount as binding as government’s guarantees;

    (c) Even now Transport Minister, Kong Cho Ha overrides PKA’s decision to defer paying RM222.58 million to KDSB’s SPV (FZCB) in spite of KDSB having given undertakings to bondholders that it will cover any shortfall.

    What Powers-that-be are doing are that they are protecting their credibility in 2 principal respects:-

    1. their Private Financing Iniative Scheme (PFI) of which PKFZ is the show case;

    2. the credibility of govt agencies’ deals to markets including bond markets from which finance is sourced : credibility meaning, sure government will pay, its agencies will be placed in funds to pay, which is quite different from credibility in terms of deals being viable.

    PKFZ showcases that even if govt projects are not viable, govt will pay. Thats the very nature of PFI – Private & Public collaboration in which crony private corporations are awarded contracts, complete on their own by raising finance from banks or bond holders, with govt deferring payments by instalments to contractor (to relieve public purse immediate burden) and where contractor – back to back – securitises, by assigning government’s deferred instalment proceeds due to its Special Purpose Vehicles for payments of interest and repayments of principal sums to financiers/bondholders who provided the financing in the first place because of assurance and rating of Rating Agencies of govt’s commitment, whether moral via MOT’s support letters or legal via MOF’s guarantees to pay them (via) the contractor (back to back)!

  6. #6 by Loh on Thursday, 29 July 2010 - 7:50 pm

    The state land could have been alienated to the Ministry of Transport had the Ministry applied for it in advance when the project was conceived. There will then be no involvement of Kuala Dimensi or the Fishery Cooperative Society in buying and selling the land. The cost overrun of RM 10 billion or more began with the inflated price of land and the high interest rate associated with the land purchase.

    More interestingly how did the Fishery Society able sell the land when selling it was against the intention on how they wanted the state land to be utilized by the society. The breach on the use according to its application for land alienation should have obliged the society to return the land to the state. Why did Kuala Dimensi buy that land which was only economically viable for resale? Was that ‘insider’ trading?

    The charge of concealing information will not stick. Why was the minister not charged for choosing to get the government pay more through direct purchase instead of through land acquisition allowed by law? The Cabinet should have been told the difference between the two process based on appropriate assessment.

  7. #7 by son of perpaduan on Thursday, 29 July 2010 - 7:54 pm

    Public was adamant in our judiciary system unless bade the culprit to firing squad.

  8. #8 by Jeffrey on Thursday, 29 July 2010 - 8:09 pm

    They want to do deals. When Govt and politicians do deals, its dangerous : they are not businessmen exercising business prudence. The Free Trade Zone in Middle East that one bright spark got the idea is over a 100,000 acres with existing 5000 companies – not like the miserable 1000 acres in Klang.

    Elsewhere the Free Trade Zone makes all licensing decisions. Here we need 20 –25 approvals from Land office to Bomba and having to deal with innumerable Little Napoleons. Why did Jebel Ali give up PKFZ? It signed with Dubai Cigarette Company an MOU to participate in PKFZ but MOF turned down application because of excuse “cigarette” too “sensitive”, lots of smuggling (Kretek from Indonesia), hard to enforce against smuggling.

    Why should foeign investors be impeded in its application and invest in PKFZ when your own officers here for reasons of corruption or incompetence fail to stop smuggling? What has it to do with investor?

    Same reasons why our FDIs plunge 81%. So you expect PKFZ to be a success when no international players want to buy and invest in this project?

    What has that got to do with KDSB or its bond holders ? The risk of designing, constructing and completing PKFZ lies with KDSB and its financiers. This risk is well managed. The project was completed in time within 2 years.

    If PKFZ cannot sell thats PKA & Governments risk. You still have to pay KDSB and back to back its financiers, the bond holders. They didn’t screw the tax payers.

    Its the politicians and two successive governments that through their PFI scheme pour good money into bad and not feasible Mega projects, which they have to honour payments!

    It has been done before and will be done again, each time when money is blown, public get angry, and scrape goats are looked for, only this time around, somebody more prestigious like a Tun besides earlier GM, architecty and quantity surveyor get implicated.

    Its the system my friends, the system, whether you call it privatisation or piratisation Private Initiative Financing or Public Private Collboration, all the big sounding names borrowed from the First World in Australia and UK but using 3rd worlkd methods to implement, like no proper feasibility study, awards to crony not open tender, political funds etc. We’re not stupid.


  9. #9 by sheriff singh on Thursday, 29 July 2010 - 8:17 pm

    In Sessions Court only?

  10. #10 by limkamput on Thursday, 29 July 2010 - 8:26 pm

    Ling misleading cabinet? We must have nincompoop PM and nincompoop cabinet.

  11. #11 by limkamput on Thursday, 29 July 2010 - 8:53 pm

    How come the smartest and the most capable PM of Malaysia also got cheated? So it is not just the Jewish conspiracy or the hedge funds after all. MCA president also can cheat him, not bad.

  12. #12 by monsterball on Thursday, 29 July 2010 - 8:56 pm

    Until he is jailed with other….this charge means nothing but a side show.
    And when he is found guilty..surely the PM of that day must be charged and jailed too?
    When this happens and naturally…Najib should be much easier to be charged…and thrown to the jail too…and then “maybe” for the first time…I may cast my votes to support UMNO b. continue governing ….and then we see more big fishes like Samy….Rafidah….and dozens more get what they deserves.
    Najib can never be an elected PM at all.
    He should put into the same prison cell with his Godfather….and both devils can comfort each other.
    Yes…..unless and until the charges are translated into sincere lawful actions and fast to treat Malaysians with intelligence and respect…I will treat it as one to cover up and make Malaysians ignore current bad news….like foreigners loss confidence in investing in Malaysia…as one thing…to sidetrack our concentrations.

  13. #13 by monsterball on Thursday, 29 July 2010 - 9:11 pm

    Why was he not handcuffed?
    Why the double standards ..right from the start?
    Tun or not Tun….he was elected and not God appointed.
    Why special treatment given to him?
    False titles are plenty.
    Take that away….all Malaysians are equal to him.
    I dare say..vast majority Malaysian Chinese despises and hate him…bringing so much shame to his own race….long long ago.
    Still powerful in MCA speaks volumes of what MCA is.

  14. #14 by monsterball on Thursday, 29 July 2010 - 9:39 pm

    At the age of 21…Ling Jr boast he s paying RM100 million income tax per year and today he is somebody in Najib’s cabinet.
    I tell you…when I read how smart Mahathir’s sons are….all multi millionaires…and so are Najib and relatives…all terribly smart…makes me feel like a fool to work so hard earning pennies.
    Ling Liong Sik son is the first multi millionaire…at tender age of 21.
    Lets see when will the real court case starts.
    Will he dare to spill the beans and tell all?
    Guess not..

  15. #15 by rahmanwang on Thursday, 29 July 2010 - 9:41 pm

    In China if you are caught for graft, you will be facing the firing squad.In Malaysia this Tun will go off as a free man.That is the difference.Yeah Malaysia Boleh!

  16. #16 by boh-liao on Thursday, 29 July 2010 - 10:23 pm

    NR went on leave overseas, DPM in-charge, n it’s show time
    A smiling relaxed LLS, surrounded by loved 1s, was charged
    N MCA was in shock, Y?
    Is this d rotten fish head dat LLS always loved 2 talk abt?
    Will more b paraded n charged 2 continue d charade?
    What abt CKC n racist MMK? Charged too?
    Will UmnoB b in shock as well?
    Akan datang, show/wayang time

  17. #17 by sheriff singh on Thursday, 29 July 2010 - 10:42 pm

    Its a diversion to deflect the bond payment and other messy issues currently.

    Hope they charge Kong Choy, Ting etc soon if there are evidence to warrant it.

    It takes two, three and more to tango.

    Maybe this is an attempt to ‘clear’ him and the Cabinet from all wrongs and responsibility. Can the prosecution make the charges stick?

    A ‘Tun’ is finally charged. Not immune at all. That Sabah politician should take note. Maybe this is to scare him to leave quietly or else. Also the White Rajah.

    Will they go after SV?

  18. #18 by sheriff singh on Thursday, 29 July 2010 - 10:52 pm

    Where’s Najib?

    Oh, he’s gone overseas for his holidays and cannot be contacted.

  19. #19 by Jong on Thursday, 29 July 2010 - 11:10 pm

    They are all into it, the whole bunch of them in this umno led-BN govt starting from the PM.

    Btw where’s that mamafler? Love to hear what he has to say. Can’t find him for his comment? ..try harder, under the table!

  20. #20 by sheriff singh on Thursday, 29 July 2010 - 11:10 pm

    What was the incentive?

  21. #21 by Jeffrey on Thursday, 29 July 2010 - 11:16 pm

    According to TheMalaysianInsider Report “the valuation by the Valuation and Property Service Department, Ministry of Finance on the land was RM25 per sq ft for a repayment period of 10 years or RM25.82 per sq ft for a repayment period of 15 years, including coupon/interest that could be charged for the repayment period”.

    So according to the charge Dr Ling as transport minister is alleged to have represented to the Malaysian government/cabinet that PKA was purchasing the 999.5 acres or 43,538,200 sq ft of land in Pulau Indah for RM25 per square foot amounting to a total of RM1,088,456,000.00, which RM25 per square foot was supposedly “INCLUSIVE” of additional interest rate of 7.5 per cent per annum (total interest being RM720,014,600) cumulatively due to the seller and incurred by PKA at the end of 15 year period of repayment by virtue of our PFI’s deferred payment arrangements over 15 years.

    In contrast what Dr Ling had (according to the charge) allegedly done was to get PKA commit in the sale/acqusition agreement with the seller, Kuala Dimensi Sdn Bhd (“KDSB”) an acqusition price still at RM25 per square foot but this price EXCLUDED the additional interest rate of 7.5 per cent per annum (totalling RM720,014,600) cumulatively due to the seller and incurred by PKA at the end of 15 year period of repayment….

    So he is alleged to have cheated the government to having to pay the extra RM720,014,600 at the end of the 15 year period whereas the cabinet thought – mistakenly- that the acquisition price of RM25 per square foot already covered this interest over 15 years.

    It is interesting that the Charge against Dr Ling concludes such: “And as such, you have purposely induced the Cabinet to give its consent to the purchase, whereas the Cabinet would not have given its consent if the fact had been told to the Cabinet, and the fraud was committed with the knowledge that you could cause a loss to the Malaysian government, where you have an interest in the transaction pertaining to the fraud and you are bound under the law to protect it and, as such, you have committed an offence punishable under Section 418 of the Penal Code.” (Ref – The MalaysianInsider). The words to watch are –
    “ where you have an interest in the transaction pertaining to the fraud”.

    What is this interest? Has he an interest in the seller company KDSB, if so what’s nature of interest? He broker or what?

    The MalaysiaInsider also said, “According to the Penal Code, section 418 concerns “Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect”…

  22. #22 by c730427 on Thursday, 29 July 2010 - 11:19 pm

    Until we see the culprits go to jail then we could really say justice is done. By simply charging Ling Leong Sek to court is nothing but a show to the world that Malaysian government is clean. Even Eric Chia, Lingam and so many other crooks could get away, I doubt Ah Leong Sek will go to jail. Next move would be Ah Leong Sek will sue Malaysiakini or Malaysia insider for defamation. This is how it works in Malaysia.

  23. #23 by Jong on Thursday, 29 July 2010 - 11:21 pm

    Why is everybody out of the country?

    PM and DPM are not in the country. So is the white hair rat of Sarawak. Is the sub picking them up? :D

  24. #24 by Jeffrey on Thursday, 29 July 2010 - 11:27 pm

    Now, this is the first I hear of such a thing.

    I have heard of the principle of Cabinet collective responsibility. It is a constitutional convention in governments using the Westminster System that members of the Cabinet must publicly support all governmental decisions made in Cabinet, even if they do not privately agree with them…

    Here the entire cabinet agrees – so Cabinet collective responsibility applied, lets go ahead, lets have our agency PKA buy at RM25 per square foot….

    But now after all the hullabaloo when government has to bail out because PKA cannot sell PZFZ to foreigners and hence has no cash flow to meet its obligations to Turnkey contractor/seller (KDSB) which has performed its part of the contractual bargain of completing and delivering of the project within 2 years and its financiers (bondholders) who have also performed their part of the bargain of coming out with the money and through KDSB sunk into infrastructure and all buildings warehoues factories constructed by it on the land owned by PKA (a govt agency, benefiting it), the allegation now surfaces,

    “Oh we thought from what you say that the RM25/- already included compound interest over 15 years under our PFI scheme of deferred payments : we never expected these interests – an extra RM720,014,600 at the end of the 15 year period – were excluded from RM25/- and therefore we are now made to pay. Your fault lah you’re not honest. Yes there’s Cabinet collective responsibility still subsisting but you must tell the truth to the cabinet: no misrepresentation.”

    Who did the minutes of cabinet decision then ? What did the minutes record of what Dr Ling said – RM25 per square foot inclusive or exclusive of 7.5% interest for 15 years deferred PFI payments? Cabinet Minutes are under Official Secrets Act. Declassify : let the public judge who said what.

    Of course all these won’t happen in first place if PKFZ had sold its units (95%) for then PKA has no cash flow problems and does not need govt bail out and we public don’t have to cry out as well but now it sells less than 5% – how? Nobody blames the guy who mooted this hair brained PKFZ scheme in the first place without heed to its feasibility when little Napoleons run all around and cannot be controlled chasing foreign investors off PKFZ….

    According to KDSB’s Dato Faizal Abdullah, if a bio-diesel company wanted to set up facilities in free trade zone it would need 20 –25 approvals from Jabatan Tanah, Jabatan Bomba etc…With Bureaucracy & Inefficiency who would want to invest in PKFZ? This is the Mother of all our problems.

    This case is a shocker for MCA. Does it still want to remain in BN?????? Getting crumbs from gravy train carries risks loh when comes to apportionment of blame in face of public outcry!

  25. #25 by raven77 on Thursday, 29 July 2010 - 11:29 pm

    Tiong paid every UMNO goon MP, Minister, DPM, PM, ex PM, etc…

    Tiong murdered OTK and placed porno Chua as President…confirming once again that MCA Cina memang bodoh….

    And when the public cry for blood just stood unabated…a sacrificial lamb had to be found although it is not Hari Raya Haji yet…otherwise how to convince public and PKA that bond payments MUST be met at any cost…

    At what cost?

    That cost factor Ling Liong Sik thrown to Joe Public.

    But UMNO is sadly mistaken if they think Joe Public and the PR are going to keep quiet…

    PAS, DAP, PKR must now go for the kill..

    And one more thing….if Sammy, Koh Tsu Koon, or anyone else in MCA, MIC, PPP or Gerakan think they are safe….think again….

    In UMNO land no one including Sultans are safe except UMNO, Jibby, Rosmacdonald, etc..

    Liong Sik …you danced with the you must now pay the price…Tun or no Tun…

    It will of course be a sandiwara and you will escape….but like Tan Koon Swan…people will now piss at your grave…and that is not how a tiger leaves his stripes behind…even yur grandson may not cry for you….

  26. #26 by sheriff singh on Thursday, 29 July 2010 - 11:46 pm

    The public wanted some ‘big fishes’ and all it got was one “Tun_a”.

    This is one big Sik joke.

    Maybe tomorrow morning when I wake up I find its all just a dream.

  27. #27 by Jeffrey on Thursday, 29 July 2010 - 11:56 pm

    Although Tun Dr Mahathir announced he was stepping down on June 2002 he agreed to stay in office until late 2003. ( Tun Abdullah bin Haji Ahmad Badawi became the 5th Prime Minister of Malaysia on 31 October 2003 ).

    Now Dr Ling allegedly misled Cabinet between Sept 25 and Nov 6, 2002 (according to the charge).

    That means he misled TDM and TDM’s Cabinet about RM25 per sq ft being inclusive when its actually exclusive of 15 yr interest….

    Its show time! Defence could and might be forced to call TDM as witness as to what had been said in cabinet metings in this transition period… Was he (TDM) duped? If yes his old comrade Ling gets into trouble; if he says no, he knew about it, what then?

    A very strategic move : by one stroke TDM gets (possibly) dragged into the arena of PKFZ controversy. There’s more to meet the eye here.

  28. #28 by sheriff singh on Thursday, 29 July 2010 - 11:56 pm

    As I said earlier, what is the incentive?

    Without it, there’s no case to answer.

    It will just be an ‘administrative error’ or ‘typographical drafting error’, ‘poor sentence construction’, ‘bad England’, with ‘no intention to deceive the Cabinet’. No mens and womens rea.

    It will be difficult to to pin the charges on him.

    Good luck, Ling. You can sleep well.

  29. #29 by Jeffrey on Friday, 30 July 2010 - 12:04 am

    Come to think of it could this charge be like a gun, which though trained and aimed at Tun Dr Ling is however calculated to richochet to another? A classic wayang kulit engagement using A to get B? Or a product of my overstimulated imagination?

  30. #30 by frankyapp on Friday, 30 July 2010 - 12:04 am

    No doubt at the end of the day,they will let him go scot free.

  31. #31 by Jeffrey on Friday, 30 July 2010 - 12:07 am

    spelling error corrected – “ricochet” to another

  32. #32 by ReformMalaysia on Friday, 30 July 2010 - 12:09 am

    Jeffrey :

    “…….Its show time! Defence could and might be forced to call TDM as witness as to what had been said in cabinet metings in this transition period… Was he (TDM) duped? If yes his old comrade Ling gets into trouble; if he says no, he knew about it, what then?……”

    As in Linggam case,

    Mahathir will say he don’t remember this don’t remember that……

    then… case closed

  33. #33 by Raitman on Friday, 30 July 2010 - 12:14 am

    Charged? This case will evaporates into oblivion, just like Lingam’s case.


  34. #34 by ktteokt on Friday, 30 July 2010 - 12:31 am

    Now we just wait and see if Ling Liong Sik is a TUN or a NUT1

  35. #35 by Jeffrey on Friday, 30 July 2010 - 12:32 am

    Don’t forget TDM does not forget a friend – or foe.

    Tun Dr Ling is friend. When Ku Li challenged TDM and our Tun Salleh Abas Federal Court declared UMNO unlawful and ceased to exist on 4th February 1988, Malaysia effectively had no Prime Minister, Deputy Prime Minister and many other ministers from Umno. The next leader in line was non other than Tun Ling as MCA held the most seats in the Dewan Rakyat. He chaired the subsequent cabinet meeting without the presence of all Umno ministers including Dr Mahathir. Malaysia was effectively ruled by an MCA President at that time even if it was for a short while. MCA could have staged a coup d e’tat of the country on their own, helped Ku Li but they did not. For that, TDM ought to be grateful to Tun Dr Ling.

    Supposing someone thought TDM’s trait was such that he would always support a friend to whom he owed a debt – and attack a foe.

    This means to say that comrade Dr Ling duped him implied TDM would have to come out in defence to say no he was not duped – and by so doing by inference knew what was happening along with his comrade!

    Its that simple.

    But of course Reform Malaysia is also right: Don’t remember this or that means no case lah: For how could it be proven Cabinet led by PM (TDM) got duped when TDM says he doesn’t remember? Neither will get implicated!

    I concur – Case close or should close (unless there are other things surfacing).

    Think about it: nature of the charge. Previous transport Minister Chan Kong choy accused of wrongful issuance of three letters of support without MOF’s approval per Finance Procedure Act. He was not charged. Ling is now charged over something he misrepresented to cabinet which means the one then in charge of cabinet will be dragged in to confirm yes or no, each with implications.

  36. #36 by ilovedap on Friday, 30 July 2010 - 1:09 am

    Mr Ling,

    Confess and you shall receive a quick death. Deny and you shall receive your purification. Do you confess? – quote from braveheart.

    In truth, I dont think he’s going down. If he’s going down, he wont go alone. He’s gonna have to pull someone with him. He’s a rich old man. What else can you offer him to keep quiet and serve time quietly?

    So burst it out, Mr. Ling! Malaysian will be behind you and in time forgive you. History will remember you. For now, let us see some blood.

  37. #37 by Jeffrey on Friday, 30 July 2010 - 1:28 am

    Ling could be a pawn (used) in an intense intra UMNO factional fight. MCA reconsider your positioning.

  38. #38 by HJ Angus on Friday, 30 July 2010 - 1:30 am

    cannot remember Cabinet meeting is a poor excuse.
    Surely somebody keeps records/minutes of such meetings and these should be removed from the OSA blanket.

  39. #39 by somaris on Friday, 30 July 2010 - 2:14 am

    Ha Ha No Wonder all the VVVIP gone out the country .Smart Ass. All this for show only.

  40. #40 by monsterball on Friday, 30 July 2010 - 3:58 am

    Yes Malaysians..we have seen too many side shows….all exciting to divert our attentions.
    What are they diverting now…with so many unsolved crimes.
    Najib is on leave until 10th August..why?…planning 13th GE..or something else..we don’t know.
    Yes…they need a real big fish to win our confidence..and so this Mahathir’s low down good for nothing big mouth side kick who have shamed Malaysian Chinese for decades is chosen as the sacrificial lamb.
    This is about RM12.5 billion ripped off.
    Lets be practical as at that time…the actual rupped off was less than RM12.5 Billion.
    The accumulated interest snow balled to what it is now.
    But the fact is….it involved few RM Billions mean our ex PM…..simply allowed Ling to do as he liked?
    Come on…any educated Malaysian can understand this ripped off is planned for UMNO b and MCA plus the usual commission for the master mind.
    Just take a RM1 billion ripped off and spread it to party..self and cronies and you can understand why Ling still holds considerably power in MCA today….just as Mahathir over his UMNO b crooks.
    Ling is not that powerful or smart to ripped off Malaysians by the billions alone…and he cannot be the ultimate master mind.
    Until and unless Mahathir is arrested for questioning…take this as a side show for as sure as the sun will shine to-morrow..Ling will be acquitted after few months of daily side shows in court…just as we saw Lingam and worst of all…Bala’s 24 answers to three lawyers all said Bala answered truthfully…cut off by one word reply…from Najib…
    FRIVOLOUS” and that’s it…Najib is innocent.
    I guess the French Government will be responded by unfair and bought up by Anwar…this and that too.
    WOW!!……Anwar case coming. Ling charged and o to court..coming.
    MACC backed off meeting Bala in London but got Bala’s reply with questions from them…and what’s MACC verdict?….coming..and can that be why Najib is on leave??
    Malaysian must have the most crime cases in the world…all unsolved….yet you have people like Mahathir feeling so righteous to insult others…you have Najib openly making deals with voters and his speech at Rajang Park was lined up with so much lies to treat Malaysians as fools..trying to out beat Mahathir fooling Malaysians…with his own style of dirty politics.
    Yes….the most important case is Bala/Najib and Ling Liong Sik take center stage now for the main event to come?
    Fat chance. It’s a side show to divert Malaysians attention…which poor Mongolian lady real murders are put on hold…as long as UMNO b is in power.

  41. #41 by monsterball on Friday, 30 July 2010 - 4:29 am

    Teoh Beng Hock’s murderers slipped my mind..for a moment.
    That’s how side shows do to Malaysians.
    Stay focused… brave and practical….and you can never be fooled by Mahathir or Najib.
    Yes in China….most crooks who cheat the people will be shot.
    That is why investors love China….even though Chinese may cheat like hell….but they cannot escape punishment….when complaints submitted to government.
    Here all our complaints are thrown in to the waste paper baskets.
    UMNO B is not a government. It is a band of robbers and thieves using our money to buy our souls and loyalties….with the dirtiest race politics you can find in the world with our so call advancements and wealth…yet so backwards and undemocratic.
    You think MACC will have the will power to do things right at all?
    Lets see. Lets hope..and all be prepared to be disappointed…then we are smart Malaysians.
    We are the voters.the bosses…the People Power and we need not keep being fooled year in year out.
    What kind of a man wear sandals to court?
    It shows Ling is a Simple Simon…a low class crooked showman..that shamed his own race..with no regrets at all.

  42. #42 by monsterball on Friday, 30 July 2010 - 4:33 am

    Ling will be proven not one sen found in his private account.
    So he has not criminal ulterior motives…for personal benefits..except being a lousy Transport Minister.
    Case closed…Ling is innocent and acquitted.

  43. #43 by monsterball on Friday, 30 July 2010 - 5:20 am

    Lets imagine Ling was not allowed to change and get arrested as he was with sandals and casual wear at home.
    Why was he not handcuffed?
    Presuming he was suffering from gout disease…surely a multi millionaire like him can request the arresting officers to allow him to wear his ‘special” made shoes to be respectful to the government. is a picnic trip for him.
    Just few days ago…he presented to Soi Lek a
    He said he is out of politics completely and there he showed his face when his side kick is the elected MCA President.
    Ong Tee Keat’s time..he stayed behind.
    RM1 million bail….should be at least RM10 million for such a big sum of ripped off case..and for prosecution lawyer to agree to this small bail.. is a sign of a side show going on..especially with a son who can pay RM100 taxes per year… at age 21.
    Tan Khoon Suan ripped off Malaysian Chinese…but Ling Liong Sik ripped off all Malaysians.
    WOW…Mahathir allowing TAR colledge ..converted to be a University.. to be bought up by MCA ….making a hero of Ling is a smart crooked move…to shut up mouths…at that time…but we are no fools.

  44. #44 by Bigjoe on Friday, 30 July 2010 - 7:13 am

    The point is the paying KDSB when LLS is being charged is CRAZY!! LLS being charged clearly means there is wrong doing and WHO PAYS GUILTY PARTIES??? On one hand you think they have done something wrong, on the other you pay them?

    Your contractor did something wrong in his job to you and the police are investigating, anyone would pay him???

  45. #45 by undertaker888 on Friday, 30 July 2010 - 8:09 am

    yawwnnnn. Hohummmm!! Another B grade movies by jabatan filem malaysia. Can they show us more better made movies than cartoons? After1 year investigation, only uncle sik is involved? no other stars in this movie?

    The last time I read the news, an Australian got guns pointed on his head by the police for just doing what an ordinary person would do. but no handcuffs for this bintang rtm of the week? Patahi in court as well. Wow!!!

    Must be one big roti canai session at the courthouse.

  46. #46 by yhsiew on Friday, 30 July 2010 - 8:11 am

    Yes, Ling Liong Sik was charged, but just wait for the “not guilty” verdict!

  47. #47 by Bigjoe on Friday, 30 July 2010 - 8:21 am

    Bottom line is this, the system will not begin to change until a Prime Minister go to jail in this country. That is the only real sign things will change. That is how they do it in Korea, Taiwan, Japan, even European countries.

  48. #48 by dagen on Friday, 30 July 2010 - 8:32 am

    Guess one just cant wrap fire with paper huh. Obviously the umno gobermen was attempting precisely that, as it always does. How stupid. Perhaps (this is my speculation) tee keat threatened to go to town with all the juicy details on the scandal. So someone must fall before the revelation. After all GE13 is round the corner. So some unlucky soul must be sacrificed. But of course ling ling long long has forewarning (again my speculation). He carries the title tun – dont forget that. He is tun ling ling long long, excuse me. And more than forewarning, I believe, his sacrifice must be nothing less than the execution of a well negotiated bargain (in the circumstances, that is). But hoi, shouldnt the mamak man be in the pic too? Ah maybe that is material for another chapter. As umno is now, it is certainly too weak-will to pursue the mamak man.

  49. #49 by Bigjoe on Friday, 30 July 2010 - 8:43 am

    Also, keep in mind the charge is ‘misleading cabinet’ – its a lame charge. Chan Kong Choy evidence is clearer and offense far more serious – no slap in the wrist stuff. So what if LLS even go to jail for a couple of years? Tan Koon Swan took the hit for so many people and things only got worst.

  50. #50 by Godfather on Friday, 30 July 2010 - 8:46 am

    This is so laughable if you know how civil servants work.

    The writer of the cabinet paper is probably some low level officer in the Ministry of Transport. He/She will write and send to his/her supervisor for approval, who then sends it on to the department head for approval, who then sends it on to the deputy KSU for approval who then sends it on to the KSU for approval. In the end it gets presented to the cabinet a week in advance of the cabinet meeting, and I know for a fact that practically no one in the cabinet – with the exception of Mamakthir – reads the cabinet papers.

    So who should be charged with misleading the cabinet ? Everyone involved in the preparation of the cabinet paper !

  51. #51 by k1980 on Friday, 30 July 2010 - 8:56 am

    “When you’re in the Palace of Justice, you must be very confident of justice.”

    When does Justice start staying in Palaces? How can Justice serve the poor when it is living like kings and queens?

    At the end of the day, it will be revealed that one of the female DPP is having an affair with Ling’s son, and the whole case dismissed.

  52. #52 by HJ Angus on Friday, 30 July 2010 - 9:01 am

    I agree that just charging Ling is not cricket – this type of SCAM is a team sport and the major players are still bowling.
    We need to lift OSA on all related Cabinet minutes and other documents to see how the fraud was engineered.
    In the longer term we need to vote out the Bankrupsi Negara regime to regain control of such criminal acts.

  53. #53 by undertaker888 on Friday, 30 July 2010 - 9:24 am

    there is one ex-mca guy who joined pakatan and got his datukship revoked by ‘i am mightier than thou’ type character for doing nothing wrong but for just being in another political party.

    but we got this sik man here on greater charges; is the ‘i am mightier than thou’ type character going to revoke his loony TOON-ship?

    after this trial, maybe the incentive will be SUPER-TUN title. bigger than the man from kerala.

  54. #54 by Godfather on Friday, 30 July 2010 - 9:45 am

    The irony in all these is that Ling did all he could to get his son Ling Jr out of jail and out of bankruptcy for losing billions of ringgit of bank loans taken to acquire some listed companies, and that resulted in giving Mamakthir the upper hand in “negotiations” with MCA.

  55. #55 by artemisios on Friday, 30 July 2010 - 9:59 am

    This is a start, though we all know this is just main wayang.

    In the past, the govt would probably just keep on delaying & hope the rakyat will forget they got robbed.

    At least this time, it’s on all newspapers that LLS got charged.

    & I’d like to thank YB Kit for giving the govt such intense pressure, that finally lead to maybe a small piece of truth revealed.

    Otherwise the rakyat would just be fed with 100% lies. At least for now we get about 98% lies instead.

    Thank You Lim Kit Siang.

  56. #56 by sheriff singh on Friday, 30 July 2010 - 10:42 am

    Just look at all the photos on all the front pages of today’s papers.

    Minus his ceremonial dress, his formal suit, the man with the confused look and scruffy hair, wearing the rolled-up shirt with prison-like blue stripes, trousers, slippers, looks just like any other ornery everyday 67 year old apek or apiah.

    How pathetic!

  57. #57 by SENGLANG on Friday, 30 July 2010 - 11:01 am

    Yesterday day should be the day when this top gun released from the jail and not the day he was prosecuted. Anyway am difference system apply in this top guy case and mind you more tax payers moneys are going to wast in this kind of prosecution

    cut subsidy and feed KDSB let the poor be come poorer and feed the crocodile buaya darat fater as you can see how fat is the star

    Malaysian tax payers are the most ill treated in the world.

    Mind you one one hand we are talking about ther was some thing wrong and therefore the top from ag office let go the horse and do the work to prosecute and on the other hand the current transport minister deem fit to ask pka to release the bond to kdsb? it seem all those ministers are not working for the good of the people but for the crooks

  58. #58 by SENGLANG on Friday, 30 July 2010 - 11:04 am

    no worry for this crook whiskey is waiting for him in sg buloh

  59. #59 by monsterball on Friday, 30 July 2010 - 11:07 am

    hahahahahahaha….Soi Lek is shocked…asking “who else?”
    If you look at the big fishes caught are Tan Koon Suan…Eric Chua…and Liong Sek…and not one big fish from UMNO….you can conclude who are the biggest puppets of UMNO B.
    Yes Sireee….most corrupted are Malaysian Chinese politicians. UMNO B are life savers.
    Liong Sik’s trial fast and swift and found not guilty whn Najib still in power OR…drag on and on after 13th GE…where Ling Sik will shiver in his pants if that happens.
    You can guess cintanegara may say..”Arrest you complaints. No arrest also complaint…..bla bla bla”
    Say that…I will F him.

  60. #60 by Jong on Friday, 30 July 2010 - 11:10 am

    I agree with Sheriff Singh. Yes, he looked tired and confused, must be having sleepless nights.

    He’s now all alone, they have left the country and no one’s sharing the blame. Let’s hope he spills the beans and expose the whole bunch of them kleptocrats!

    What’s the point with those billions that can’t buy a peaceful night’s sleep and good health?

  61. #61 by k1980 on Friday, 30 July 2010 - 11:20 am

    What’s the point with those billions that can’t buy a peaceful night’s sleep and good health?

    Stupid fella. Should had joined Bala in London. Then can drink whiskey 24/7 with him and RPK. Also build a RM24 million palace there.

  62. #62 by monsterball on Friday, 30 July 2010 - 11:47 am

    He trained his voice…his art of talking…to think he can fool all with his acting and
    sweet” speeches.
    Buddhist leaders pleaded for donations in a dinner party in honor of him.
    There were 600 guests that made donations and were invited.
    Ling said..’sup sup suai. Mow mun tai” and all stood up and clapped hands.
    Waited for months… donations.
    One who makes a promise to Buddha or try to use Buddha will get what’s coming.

  63. #63 by frankyapp on Friday, 30 July 2010 - 12:35 pm

    Don’t forget TDM does not forget a friend – or foe.///Jeffrey
    No this is absolutely wrong. You remember TDM promised Datuk Harris and party Berjaya that he “will swim or sink ” with Berjaya, However when Berjays lost the state’s general election to PBS, TDM abandonship and to add insult to injury he later had a marriage of convenience with PSB. The rest is history and I need not elaborate further.

  64. #64 by yhsiew on Friday, 30 July 2010 - 12:43 pm

    The unfolding of a drama play – let us see how well the script is written this time!

  65. #65 by boh-liao on Friday, 30 July 2010 - 12:55 pm

    Charging him is not scandal, d scandal is akan datang
    Scandal is when when d charge is later dropped against LLS
    Excuse, eazi lah, d minister was misinformed by d little Napoleons and he only read out what was presented to him by d little Napoleons
    Not his fault 4 misinforming d cabinet
    Case closed, back to $$$$ n whiskey n XO brandy time, la la la

    Wonder what kind of odds r Ladbrokes, Coral and William Hill giving 2 punters 4 betting against LLS being charged n found guilty?

  66. #66 by boh-liao on Friday, 30 July 2010 - 1:01 pm

    Did NR sms LLS like what he did 2 Baginda?
    No worry, buddy, semua kau tim sai, just relax n enjoy your XO

  67. #67 by Godfather on Friday, 30 July 2010 - 1:06 pm

    All of Kit’s supporters should now gather at the St George pub at Bangsar Shopping Centre (owned by Ling himself) and drink to the health of Ling Liong Sik. We don’t want anything untoward to happen to him, and we want to see the end of the script.

  68. #68 by House Victim on Friday, 30 July 2010 - 3:40 pm

    1. If LLS can be charged, it means that the PKFZ is a scandal that should be acted on. So, all the cause of actions should be listed with the persons involved over the period of the scandal. With the CPWH report and the CPA recommendation, should LLS be the only one
    responsible and if only the land matter should be accounted? How many Police report had been made on the PKFZ scandal? And, where are they now??

    2.The CPWH report revealed that the PKFZ is obviously a collective mis-appriopriation of power and procedures by the Cabinet and PKA with many violations of procedures, mis-represenation/cheatings over the course of the years.

    3. If AG is not acting on the whole matter but picking only one and mini one and only at the begining of the scandal, should he be accounted for acting with BIAS, Breach of Duty and trying to conceal the Facts that many should be accounted for many other charges? Should they consider for themself Penal Code 415 under explanation 1? Especially on the two Letters of Guarantee from CKC?

    4. When LLS was the Minister of Transport during the offense, he should be charged of 418 and not 417.

    5. Does this mean the CPWH report and the CPA recommendation were ignored?

    6. How about the investigation of MACC?


    AG is just another Block to the Justice of Malaysia!!

  69. #69 by lopez on Friday, 30 July 2010 - 9:33 pm

    If ling is smart he better bochor all others who also rob and cheat the nation and act ultravires when under oath as minister , like this then all also gone some bad in them ,,,so stale mate lah.

    oopps , who lose the most…..all malaysians not on the weight balance.

    for those who bragged so proudly how m see hair stood up for the ALL chinese malaysian chinese interest , they may begin regretting. and those katak 2 who jointly shout and insult in arms with these dogs can start looking for another host.
    where got chinese make lives difficult to fellow chinese one….only in bolihland.
    because they donate their beans to their master in return for good treatment and breadcrumbs deals.
    until this ling tak bolih tahan anymore so their grab the PKFZ

    at least the tow road deals seem better…these days JKR do not need to doing anything and yet still can be called JKR and get pay increase and promotion.
    Of course if you are aligned with them, you get employ in PLUS lah…and bonus plus plus lah.
    like all privatisation schema but bolih land style .

  70. #70 by waterfrontcoolie on Saturday, 31 July 2010 - 12:24 am

    For a total cost of $12 plus Billions[ eventually] our little dot built their final phase of container terminal capable of handling another 12 to 16 million Teus. just now, they are already collecting revenue in excess of s$1 billion or rm$2.5 B when we still give free storage at PKFZ! Malaysia Boleh!!!Of course we have both PTP and westports to challenge the little dot but I am wondering who is cr…………………ying for help now? Maybe the REAL Author of this episode should stand up and explain! what about it TUN?? With our alignment of the fuel price plus toll [ they are equal in cost to the truck operators], I wonder how much LESS FDI we gonna get come 2011!
    Unless, the MAJORITY of the Malaysian population wake up, we can only pray very hard.

  71. #71 by PoliticoKat on Sunday, 1 August 2010 - 9:29 pm

    So what? Being charged is nothing. There will some acting, some drama, and once show at the theater is over Ling Liong Sik will be sentence to 25 years jail time and a fine RM 10 billion or around that.

    Then once the heat has cooled, Ling Liong Sik will appeal. The appeals court will reverse the fine and reduce jail time to that which has already been served. And Ling Liong Sik will walk out a free man, never to be bothered by PKFZ again, as you can only be charged by a crime once.

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