9Bio: Waste of funds or adding value?

By Karamjit Singh

The week of January 12, 2009
The chapter on Harnessing Science, Technology and Innovation in the Ninth Malaysia Plan says the development thrust for the 2006 to 2010 period will be to harness science, technology and innovation to raise the nation’s capacity to acquire and utilize knowledge and foster innovation.

As with all blueprints and government action plans, the words used are action-oriented and forward-looking, but like many government intentions, the action statements are seldom worth the paper they are printed on. A classic example is the inaction and unproductive activity at Ninebio Sdn Bhd (9Bio), a wholly-owned company of the government.

On the website, www.ninebio.com, the company says it will focus on the R&D of vaccines, biologics and natural products and services. The brains behind the idea – the people in the Ministry of Health (MOH) who launched it as the 7th National Institute of Health in 2003 – felt that it was important to take a cluster approach to this, where a centre of excellence will be built to gather all the experts on vaccines, biologics and natural products in one place.

This approach, while fine on paper and doable elsewhere, especially in the Silicon Valley, is unlikely to work in Malaysia yet, where the research and academic culture is not one of openness and sharing. That is the opinion of Prof Dr Abdul Latif Ibrahim (formerly the managing director of the National Biotechnology Directorate), who is now senior professor and director of BIO-IT Centre Selangor, Unisel. According to Abdul Latif, throughout his career, he has observed two main challenges in this area. “Firstly, our academics are reluctant to work together across universities as there is a lot of competition and even jealousy among them. Secondly, we do a poor job of sharing facilities at our universities with outsiders, be they from industry or other universities. The fear here seems to be that with inexperienced people using expensive hardware, equipment will get damaged. As a result, the high-tech facilities in our universities are frequently under-utilised and that is a real shame.”

While Abdul Latif does not know enough about 9Bio’s plans, he hopes it can overcome these issues.

Whatever the approach and however grand its vision and mission statement, the project has gone nowhere in the last five (5) years, beyond changing its name to the Malaysian National Institute for Natural Products, Vaccines and Biologicals, signing a joint-venture with an American vaccine maker and having the Ministry of Finance step in to take over when MoH could not solve the issues surrounding 9Bio.

Interestingly, not many in the biotechnology industry seem to know what 9Bio is doing. “It will make absolutely no difference to the biotech sector if 9Bio just disappeared,” says one entrepreneur.

Apparently, 9Bio started out with only one person – its then CEO Datuk Dr Nor Shahidah Khairullah. She was removed in May last year and a new CEO – Prof Dr Mohd Azmi Mohd Lila – was appointed last week. Mohd Azmi is an ex-academic from Universiti Putra Malaysia (UPM), who until last year was director of investment at Malaysian Technology Development Corp, handling the biotech and life sciences area. He also served as the director of the Institute of Bioscience while at UPM.

Mohd Azmi did not return messages left on his mobile phone to comment on his mandate at 9Bio.

At the same time, 9Bio’s current chairman, Datuk Ir Dr Mukundan Sugunan Pillay – a retired deputy director-general of health (research and technical support) with MoH – who replaced Tan Sri Aseh Che Mat (now the chairman of Pos Malaysia Bhd) on July 15 last year is himself to be replaced by Raja Datuk Zaharaton Raja Zainal Abidin, the ex-chairman of Technology Park Malaysia. Efforts to reach the latter were unsuccessful.

While 9Bio has not done much since its inception, there is intrique over the departure of Nor, but she has declined to meet The Edge to give her side of the story. Those who have interacted with her say she is a very capable, ambitious and smart woman, but she also tends to step on toes when she does not get her way. At some point, MoH appointed a COO – Izam Yusuf – who was with KUB Malaysia Bhd before joining 9Bio.

9Bio’s only significant achievement was to get the recognition of the Organisation of the Islamic Conference (OIC) as a key centre for halal vaccinations. This happened in December 2007 in Kuala Lumpur.

The new CEO will have everything to do when he comes in because even 9Bio’s existing  staff are hoping he will provide them with a clear direction and strategy. This is amazing considering the company has been around for five years. A leading player in the biotech sector says it is urgent for Azmi to draw up a proper business plan for 9Bio, indicating where it will fit in the existing value chain in Malaysia. He feels 9Bio should not replicate infrastructure that already exists in various universities in the country but identify which players in the ecosystem it needs to work with and how it can complement and enhance the ecosystem.

Critics cite the plan to spend RM1.2 billion on its centre in Enstek Park in Nilai, Negri Sembilan, as a classic example of how money is thrown at a problem without honest assessment of the core challenges – as mentioned earlier by Abdul Latif – and addressing the more critical human capital issues.

Mohd Azmi and Raja Datuk Zaharaton  indeed have a lot on their plate when they get to work this week, beginning with what they actually plan to do and how it will add value to the biotech ecosystem in Malaysia, and then defending the RM1.2 billion structure coming up in Nilai.

Background history!

IJN scandal ended!

Wednesday January 7, 2009

Sime Darby cancels IJN takeover bid

By LESTER KONG and YUEN MEIKENG

PETALING JAYA: Sime Darby Bhd has called off its bid to buy a majority stake in the National Heart Institute (IJN).

The company said the decision was made after taking into consideration public sentiment and feedback on the takeover plan since the Government announced that it had deferred its decision to allow Sime Darby to begin negotiations with the Finance Ministry to take a 51% stake in IJN.

“The company wishes to announce that it will not pursue its plan to acquire an equity stake in IJN,” the company said in a statement to Bursa Malaysia.

“The company, nevertheless, will continue to look for opportunities for expansion in the health-care sector.”

Sime Darby first proposed to buy a 51% stake in IJN on Dec 17 after sending its offer to the Government.

On Dec 19, the Government announced its decision to defer negotiations.

Malaysian Medical Association president Datuk Dr Khoo Kah Lin said the decision by the conglomerate showed that it was sensitive to the wishes of the people.

“I hope no more private firms will approach the Government to purchase a majority stake in any essential
services run by the Government,” he said.

He said the cost of any essential government medical services was bound to increase once taken over by private companies.

“Although they said they would keep prices low for patients, eventually they would have to listen to the shareholders,” he added.

Tan Sri Abdul Khalid Sahan, the first chairman of IJN, said he was “very happy” over Sime Darby’s decision.

“I am glad that they are aware of not only the public’s sentiment but those who are still working at the institute. The ownership should remain untouched,” he said.

Abdul Khalid added that the Government should now find ways to improve the institute’s infrastructure by setting up branches in the east coast, Sabah and Sarawak so that there would be easier access to treatment.

“At the moment, IJN performs about eight to 10 open heart surgeries every day. But with branches, this number could increase,” he said.

IJN doctors: Correcting statements. Why?

Published: Friday December 19, 2008 MYT 3:22:00 PM
Updated: Friday December 19, 2008 MYT 8:11:07 PM

IJN doctors: Don’t make us scapegoats (Updated)

PETALING JAYA: National Heart Institute (IJN) doctors are happy to serve the institute in its present form and do not want to be made a scapegoat in the proposed privatisation of the institutue.

In a statement signed by 33 of the 35 medical consultants working for IJN, they stressed that the proposed privatisation was not a response towards their demands for better pay.

“We would like to reiterate our commitment to serve IJN in its current form and want to stress that the move must not be seen as a response to our demands for better pay,” it said.

The doctors added that the medical personnel were not at all involved in the negotiations for the proposed takeover.

The full statement from IJN medical consultants
“We read with concern the perceived perception that the medical staff of IJN are demanding higher pay and will leave IJN if these demands are not met.

We feel it is important that these negative perceptions are correctly put into context.

The institution was set up in 1992 as a corporate body directly under the purview of Ministry of Finance. Its board of Directors include representatives from Ministry of Health and MOF to ensure its direction and objectives of providing good quality and affordable medical care to Malaysians from all walks of life are adhered to.

In that respect, IJN has done and continue to do well, both in maintaining its moral as well as financial obligations. The institution has been self-sustaining since its inception (and has been able to pay year end bonuses annually without fail). For 2007 and up to end Nov 2008, we have accumulated 285,764 number of outpatients, performed 15,084 cardiac catheterization interventions including angiograms and angioplasties, 6094 heart and lung surgeries, 7 mechanical hearts and heart and lung transplants surgeries.

As true with any organization of our size, there will be people leaving the organization at various times in order to pursue different career paths. Over the last 7 years of operation, out of a total of 35 consultants, only 7 have left IJN to work either in local or overseas private centres. Therefore, our consultants’ annual attrition rate is only 3%, and we have responded consistently over time to promote our home grown talents to fill up the voids accordingly. Currently, 75% of IJN consultants have been in their posts for more than 10 years.

All of us are salaried based on a different payscale than that of the MOH though not at par with the private centres. Periodic review of salary scale is usually undertaken, subject to approval from Ministry of Finance.

As proven from our consultants’ attrition rate and longevity in serving this institution, it is logical to surmise that on the whole we are happy with the current scheme and proving it by remaining with IJN. Many of us has served more than 10 years, excluding time spent within the MOH Hospitals prior to setting up of IJN.

Whilst we have yet to have a clear picture of the proposed privatization by Sime Darby, we would like to reiterate our commitment to serve IJN in its current form and want to stress that the proposed privatization of IJN must not be seen to be as a response to our demands for better pay. The medical personnel of IJN are not at all involved, directly or otherwise, in the negotiations for the said privatization.

Being responsible employees of IJN, we are not in the position to dictate the outcome of the privatization proposal from Sime Darby to the stakeholders of IJN. However, the perception that the privatization proposal is in response to demands for higher remunerations by its medical staff is misconceived and must be corrected accordingly to safeguard and preserve the trust placed upon us by our patients.”

Based on this official statements by IJN doctors, we have concluded that the culprit must be the IJN Chairman, Datuk Dr. Mohamad Salleh Ismail (Datuk Shahrizat Jalil’s husband). The idiot that hard up to be part of Sime Darby Berhad. He should be sacked immediately for IJN scandal. Not fit to be the Chairman of IJN. This guy cannot be TRUSTED! Get rid of him.

Read on…..

RM250m: National Feedlot Corporation Sdn Bhd under investigation!

Who is the culprit responsible for IJN privatisation?

SHOCKED!!!

Any privatisation project will normally takes time for proper evaluation by respective government agencies such as Economic Planning Unit, EPU, Ministry Of Finance, MOF and Ministry of Health, MOH (IJN). This time round, it seems well coordinated, too smooth and too efficient.

Who is behind it?

Who initiated the stupid idea?

Why Najib and MOH Minister so quick to support?

Why SIME DARBY was quick to provide assurance it will maintain the fee structure of IJN to ensure the middle class and poor patients still get the same treatment?

Why PM was quick to announce allowing private sector to take over IJN?

Based on the facts, personalities and rapid development of IJN privatisation, we can safely concluded that insiders from IJN Chairman (Dato Dr Salleh, Sharizat Jalil’s husband), Sime Darby Chairman (Tun Musa Hitam), MOH (Minister, KSU & DG) , MOF (Najib) and EPU (Pak Lah) were involved.

Could this be the scandal and the downfall of highly respected leaders and the BN government? Anybody in the right mind would not disturb an organisation that is running well and close at heart to the RAKYAT. Life saving entity like IJN is not for sale. If the government wish to illustrate the CARING and MESRA RAKYAT message, then DO NOT TOUCH IJN. Why now? That is the 1 billion dollar question!

We will investigate!!!

Less discretionary power for KSU and DG MOH: DPM

Published: Tuesday December 16, 2008 MYT 12:32:00 PM

Less discretionary power in public sector: DPM

By MAZWIN NIK ANIS

PUTRAJAYA: The Government wants less use of discretionary authority among officials in the public sector as this will deter corrupt practices, Datuk Seri Najib Tun Razak said.

For instance, allowing competitive bidding for tenders and contracts would reduce the use of such authority by officials, the Deputy Prime Minister said, thus reducing the opportunity for corruption.

“This will certainly help efforts put in by Prime Minister Datuk Seri Abdullah Ahmad Badawi to ensure that integrity is alive and well in Malaysia, not just in the civil service,” he said.

This was among six points outlined by Najib on what civil servants, particularly Finance Ministry staff, could do to ensure a well-oiled government machinery so that the country could progress and its economy could continue to grow.

Speaking at the Treasury’s quality day celebration, the Finance Minister said strengthening intellectual capital among staff was important as expertise and knowledge in economic and financial management would help the government make “right and timely decisions.”

“The ministry and its staff need to be efficient. As a central agency that serves other ministries and agencies, our efficiency will result in others being efficient.

“Even I remind myself that I too play a role in the process of efficiency,” he said.

Najib said the ministry needed to come up with creative and innovative solutions because in today’s challenging world, the ability to be innovative was crucial.

“It is also our responsibility to ensure that every ringgit spent is worth the spending and will benefit the Government and the rakyat (citizenry),” he said.

The Finance Minister said next year would be a challenging one for everyone at the Treasury as the rakyat placed high hopes on the Government to ensure they would not be burdened by the effects of a domestic and global economic slowdown.

He said it was the ministry’s responsibility to ensure programmes outlined by the Government were implemented, such as ensuring a high level of domestic demand and sufficient liquidity in the banking sector.

It was his ministry’s responsibility as well to ensure that programmes that were part of the economic stimulus package went according to schedule, he added.

Anti-Corruption Commission can go after ‘The Money Making team’

Thursday December 11, 2008

Anti-graft commission goes into action on Jan 1

Reports by LEE YUK PENG, LOH FOON FONG and ZULKIFLI ABDUL RAHMAN

THE Malaysian Anti-Corruption Commission (MACC) Bill 2008, which was tabled by Prime Minister Datuk Seri Abdullah Ahmad Badawi for first reading, will come into force on Jan 1.

The Bill, modelled after the Independent Commission Against Corruption of Hong Kong, replaces the Anti-Corruption Agency Act 1997.

Under the new law, the ACA director-general would be called Chief Commissioner and he would have powers of a Deputy Public Prosecutor.

A prosecution for an offence under the Act shall be instituted only by and with consent of the Public Prosecutor.

Other new features of the Bill are the establishment of the Anti-Corruption Advisory Board, the Special Committee on Corruption, and the Complaints Committee.

The MACC shall be advised by a seven-member Anti-Corruption Advisory Board who are appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister.

The appointed members, who will serve for a three-year term, will be persons of integrity and who had rendered distinguished public services and will not hold office for over two terms either continuously or otherwise. The board will advice the commission on corruption in Malaysia including its eradication policies and strategies.

The Special Committee on Corruption will advise the Prime Minister on corruption in the country and its seven members, also appointed by the King, will not be members of the administration but be drawn from the Senate and the House of Repre-sentatives.

It will monitor complaints of non-criminal misconduct against MACC officers, identify weaknesses in work procedures and make recommendations to rectify them.

The Complaints Committee will have five members.

Little Napoleon: Tiada cadangan beri ganjaran kepada pengadu

KUALA LUMPUR 25 Nov. – Kerajaan masih belum bercadang memberi ganjaran kepada mereka yang mengemukakan aduan berhubung kakitangan perkhidmatan awam yang cerewet, suka menunjukkan kuasa dan berlagak seperti Little Napoleon.

Perdana Menteri, Datuk Seri Abdullah Ahmad Badawi berkata, perkara itu tidak perlu dibuat kerana kerajaan telah melaksanakan pelbagai tindakan lain bagi mensifarkan isu Little Napoleon di dalam jentera pentadbiran kerajaan.

“Tindakan ini berteraskan kepada penerapan dan penghayatan prinsip-prinsip tadbir urus yang

baik di dalam amalan-amalan pentadbiran,” katanya dalam jawapan bertulis kepada soalan Hamim Samuri (BN-Ledang) pada sidang Dewan Rakyat hari ini.

Hamim ingin tahu kemajuan terhadap usaha kerajaan bagi membersihkan pentadbiran awam daripada Little Napoleon setelah isu itu dibangkitkan oleh Abdullah pada 14 April lalu.

Perdana Menteri berkata, langkah bagi menangani isu itu melibatkan penubuhan Pasukan Petugas Mengurangkan Kerenah Birokrasi di peringkat kementerian-kementerian pada tahun 2003.

“Ia bertujuan mengurangkan kerenah birokrasi dan meningkatkan sistem penyampaian perkhidmatan awam serta mengurangkan peluang untuk kakitangan melakukan penyelewengan,” katanya.

Katanya, usaha itu turut diperkukuhkan dengan penggubalan dan pelaksanaan Pelan Integriti Nasional pada tahun 2004 dan arahan supaya semua ketua agensi mengadakan Mesyuarat Jawatankuasa Tadbir Urus setiap tiga bulan mulai Mac 2007.

How to Strengthen Integrity in the Police Force

ACA: 372 cops held for graft

By Sharifah Mahsinah Abdullah and Veena Babulal

26/11/2008

KOTA BARU: A total of 372 policemen were detained by the Anti-Corruption Agency (ACA) between 2006 and September this year. ACA deputy director-general II Datuk Zakaria Jaafar said yesterday the policemen were among 1,669 people detained by the agency in that period.

He said during the same period, the agency received 36,025 complaints, of which 3,871 were investigated further while the rest were either found to be baseless or were referred to the relevant departments and agencies for further action.

He said out of the 1,669 people arrested, 654 of them, including 140 policemen, were charged in courts.

“Most were for accepting and offering money but there were also cases where they were detained for making false claims.”

Zakaria said this in a working paper presented at a three-day seminar on “How to Strengthen Integrity in the Police Force” at a hotel here yesterday.

He also cited examples where the amount involved was as little as RM300.

He cited three examples which he said should be a lesson to all.

First, a person was arrested for accepting RM400 from a karaoke operator to protect his business against raids.

“Another was detained after he asked for RM300 from a man driving a car without a licence and having some drugs in his possession.

“There was also a case where the accused wanted RM1,000 from a trader selling firecrackers.

“These cases show that accepting money, even in small amounts, is still bribery.”

Chief Secretary: Complaints against civil service not cause for worry

NST Online » Local News
21/11/2008

KUCHING: The rise in complaints against the civil service “does not necessarily mean it’s bad”. Chief Secretary to the Government Tan Sri Mohd Sidek Hassan sees it as “the public’s response” on how to improve it.

“I see it as the public being happy to bring their suggestions to us to improve the service,” he said after a dinner to mark the end of the civil service quality convention.

The more complaints the better, he said, because it helps the civil service to see where it is going wrong.

Public Service Department director-general Tan Sri Ismail Adam thrust the much-maligned service into the limelight recently, when he said the quality of service among civil servants had been dropping.

The number of complaints received by the Public Complaints Bureau has been steadily rising over the past three years. Ismail said 6,059 complaints were received until September this year, while last year’s figure was 5,437. In 2006 it was 3,397, and there were 2,707 complaints in 2005.

These included delays, inaction and decisions deemed unfair.

In his address when closing the convention, Sidek said the civil service’s quality control circle, which it has used for the last 25 years to attract ideas to improve the quality of its service, is to be revamped.

Datuk Dr Nor Shahidah found incapable as CEO by Jabatan Audit Negara.

The number of failures, mismanagement, weaknesses, false claims and irregularities discovered by Audit Department when Dr Nor Shahidah was the CEO of Ninebio Sdn Bhd:

Failure to provide business plans
Failure to establish company policy and procedure
Failure to establish company strategic direction
Failure to provide financial budgets
Failure to distinguish between grant and income.
Failure to provide supporting documents for expenses.
Failure to comply to limits of authority.
Failure to seek board approvals for 6 Variation Orders (VO).
Failure to seek board approvals before awarding contracts.
Failure to carry out financial due diligence before signing agreement
Failure to manage the company due to too many payments made to external consultants
Failure to establish clear scope of works for appointed consultants.
Failure to manage and incorporate internal controls
Failure to comply treasury rules and regulations
Failure to cooperate with the board of directors
Failure to manage staffs and company resources
Failure to focus on business development
Failure to seek board approvals for taking leave and travel (52 days in 2007)
Failure to provide reports and update for overseas travel (no justification and purpose)

(Extracted from the Jabatan Audit Negara (Accountant General) report.)

A former CEO of Ninebio Sdn Bhd, Datuk Dr Nor Shahidah binti Khairullah was terminated in the first quarter of 2008. She was found guilty of false claims and irregularities at the Ministry of Finance Tribunal. The special hearing was conducted based on the report findings by Jabatan Audit Negara. Subsequently, the company lodged a Police report. Now, she is still free woman pending the outcome of ongoing investigations by Police and Anti-Corruption Agency (ACA).

During the course of investigation, Malaysian-TAXPAYER uncovered the involvement of 3 senior public officials from the Ministry of Health to siphon pubic fund with the help of an Executive Chairman of a public listed company. Read on…The crime committed by ex-CEO of a GLC Datuk Dr Nor Shahidah Khairullah.

DG MOH: Tan Sri Datuk Dr Hj Mohd Ismail Merican. Sugar Daddy protecting Dr Nor Shahidah.

Tan Sri Ismail Adam: “Complaints were related to abuse of power, corrupt practices…”

Published: Tuesday November 18, 2008 MYT 1:52:00 PM

Complaints against public service on a sharp rise

By JACK WONG

KUCHING: The number of complaints against the country’s public service is on a sharp rise, said Public Service director-general Tan Sri Ismail Adam.

Based on Public Complaints Bureau figures, the number of public complaints had more than doubled in the past three years, he said.

“There were 2,707 complaints filed in 2005, and this increased to 3,397 in 2006 and 5,347 last year.

“For the first nine months of this year, 6,059 complaints have been recorded,” he said in a speech at the opening of the Public Service’s national Quality Control Circle (QCC) convention here on Tuesday.

His speech was read by his deputy Datuk Dr Ismail Alias.

Ismail said most complaints were related to abuse of power, corrupt practices, late or no action by officers, lack of enforcement and poor services.

The figures showed people’s increasing dissatisfaction with public services.

“The scenario paints a negative picture of the image and reputation of the public service,” he added. Ismail said QCC teams could help address various issues raised by customers, adding that 28 QCC teams — 14 each in the management and technical categories — were taking part in the two-day convention.

In opening the event, Sarawak Deputy Chief Minister Tan Sri Dr George Chan Hong Nam said the civil service had to “interface with new models of modern government.”

This would ensure that businesses and citizens benefit from improved delivery of government services, he said.

Dr Chan said civil servants should be open-minded and always be prepared to learn new skills and knowledge.

“If we do not have an open mind and always think that we are the best, then we will not be able to improve ourselves,” he added.

RM 4.8 m public fund wasted: Sec-Gen MOH lacks common sense!

Audit Department indicated Dr Nor Shahidah breached Financial Limits of Authority for office renovation contract cost of RM 2.6 million.

Left to right: DG MOH, Tan Sri Datuk Dr Hj Mohd Ismail Merican; former Deputy DG MOH, Datuk Ir. Dr M. S. Pillay; Sec-Gen MOH, Dato' Sri Dr. Hj Mohd Nasir Bin Mohd Ashraf and former CEO of 9Bio Datuk Dr Nor Shahidah Khairullah.

Based on the findings by our Chief I.O., the current Sec-Gen MOH, Dato’ Sri Dr. Hj Mohd Nasir Bin Mohd Ashraf lacks common sense and wasted public fund when he was the Chairman of 9Bio. Approval was given to rent an office space for RM 61,193 per month and budget of RM 2 million for office renovation. Anybody with common sense and integrity would not have done that. The right thing to do would be to purchase a 3 storey shop lot or high rise office space and renovate for much less. Assuming a 3 year rental at RM 61,193 p/month would come to RM 2.2 million for 36 months excluding deposits for rent and utilities. Plus over the budget office renovation at RM 2.6 million totaled RM 4.8 million. The company could end up with an asset, savings on monthly rental and office renovation costs. Therefore, KSU MOH is not fit to be holding the post as Sec-Gen when he failed to perform his duty as the Controlling Officer and wasted public fund.

Dr Nor Shahidah binti Khairullah can be expected to take advantage of the situation trying to make MONEY but got caught. She was found guilty on numerous white-collar-crimes while being the CEO of 9Bio for not following board decisions, treasury rules and financial limits of authority (not more than RM 250,000). Further, she was investigated by ACA and Police for false claims and irregularities. The ISSUE of office renovation contract without approval of the board was awarded to Inviron Ventures Sdn Bhd for her son to benefit financially. However, Dr Nor Shahidah can be considered very lucky so far because protected by no other than the current DG MOH, Tan Sri Datuk Dr Hj Mohd Ismail Merican.

Source: Audit Department report findings.

Former Deputy DG charged in Sessions Court today

Published: Friday November 14, 2008 MYT 12:15:00 PM
Updated: Friday November 14, 2008 MYT 12:26:42 PM

Former deputy DG in court again over more graft charges

KLANG: Former Immi­gration Department deputy director-general I (control division) Yusof Abu Bakar was charged in a Sessions Court here on Friday to four counts of corruption charges.

He claimed trial to the four charges for allegedly accepting bribes amounting to RM36,500.

Yusof, 54, from Seremban, pleaded not guilty to all charges.

Last month, he was charged in a Kuala Lumpur Sessions Court to nine counts of bribery involving RM82,500.

For the nine counts, he was said to have obtained bribes from a senior sales manager as an inducement to approve the extension of China visitation passes.

RM250m: National Feedlot Corporation Sdn Bhd under investigation!

High Impact Project under the Ninth Malaysia Plan

We have received complaints regarding the generous soft loan of RM250 given to Agroscience Industries Sdn Bhd that belongs to Datuk Dr. Mohamad Salleh Ismail (Datuk Shahrizat Jalil’s husband) and confirmed by an industry insider. Datuk Salleh was the former head of Technology Park Malaysia (TPM) and the current Chairman of IJN. Based on the info received, National Feedlot Corporation Sdn Bhd is very much controlled by family members (son and daughter) operating from a posh office at 3A01, Block A, Pusat Dagangan Phileo Damansara 1, No. 9, Jalan 16/11, Off Jalan Damansara.

From left: Representatives of the Finance Ministry Norizah Bahari and Datuk Ibrahim Mahaludin Puteh, Izran and Mohamad Salleh at the signing of the loan facility agreement with between the government and NFC.

The project was masterminded by Rosli Mai Lam the director of Lazuli Sendirian Berhad and also a partner in this project. Dr Rosli of Lazuli as known to the players in the industry only out to make MONEY by supplying cattle and other complementary supplies to anyone entering livestock industry in Malaysia. Most instances, almost everyone interested in the easy commissions on the supply of livestock from Australia, New Zealand or Mexico.

Based on our initial investigation, the official announcement was made by Tan Sri Muhyiddin Yassin when he was Minister of MOA (Ministry of Agriculture).

Agriculture and Agro-Based Industry Minister Tan Sri Muhyiddin Yassin said this was because beef price in the world market had increased, and without entering into contracts with beef-suppyling nations such as Australia, there would be no guarantee of continuous supply and stable price.

He said this was also in line with the government’s aim of increasing beef production to 40 per cent by 2015.

“I have suggested the setting up of a consortium to import cattle for farms in the country on a continuous basis.

“I have met the biggest Australian beef producer and supplier which is keen to collaborate with Malaysian beef suppliers,” he told reporters after opening the “Beef Production Industry Development” seminar here today.

Muhyiddin said the consortium would be set up in two months’ time and the ministry had proposed that National Feedlot Corporation Sdn Bhd lead the consortium.

Reported by BERNAMA February 18, 2008

Objective of the National Feedlot Project: To meet the rising demand for meat, the development of the beef industry will be implemented through the establishment of the National Feedlot Centre. Based in Gemas, the National Feedlot Centre is a joint project between Negeri Sembilan and the Federal Government through the Ministry of Agriculture and Agro-based Industry (MOA) and is expected to be instrumental in attaining the targeted 28% self-sufficiency level for beef production by 2010. Mandated as an integrator for the project, National Feedlot Corporation Sdn Bhd is owned by Agroscience Industries Sdn Bhd with participation from the Government of Malaysia. Its commercial interest is the development of a planned, integrated and sustainable Malaysian beef industry through the development of the fully integrated livestock farming and beef production facility that manages the import of livestock, feedlotting, slaughtering, processing, packing and marketing of beef in Malaysia.

Our Chief I.O has gathered enough evidence to date and started on verification process to study the case in greater detail based on the initial lead given by the industry insider.

PAC Chairman: Azmi Khalid in dilemma!

Integrity of Public Audit Committee (PAC) at stake!

An argument that started in Dewan Rakyat was continued outside the Hall on Tuesday 11/11/2008 when Public Accounts Committee (PAC) chairman Datuk Seri Azmi Khalid and Lim Kit Siang (DAP – Ipoh Timur) could not see eye to eye over the report on the Eurocopter deal probe.

“The report would be submitted in few days as the report was being typed verbatim. I can’t be taking sides, both for the Government and the opposition for the integrity of PAC. Please be patient and we can debate the issue once the report is tabled.” Azmi Khalid said.

I'm thinking! Yes...hard to resist a kind offer

Something is wrong. Azmi Khalid is reluctant! Why? I guess he is thinking for a Cabinet Post under Datuk Seri Mohd Najib. Read earlier post: PAC chairman Datuk Seri Azmi Khalid sounds like a salesman!

On November 4, the Public Accounts Committee (PAC) has found no procedural abuse in the tender process for the Eurocopter helicopters, but expressed concern over the lack of a thorough physical evaluation and test flight on the helicopters.

PAC chairman Datuk Seri Azmi Khalid said he found the tender process procedure satisfactory.

He also said the Government would have to decide on whether to go ahead with the purchase as “the price stated in the tender is only valid until February 2009”.

“After that, the price cannot be maintained,” he said.

The plan to buy the 12 Cougars has been temporarily shelved by PM.

FACT! Datuk Dr Nor Shahidah found guilty of criminal breach of trust of RM 467,859.90.

The crime was committed in 2007 when she was the CEO of Ninebio Sdn Bhd a GLC under MOF. No report or arrest was made due to cover-up by KSU MOH, Dato’ Sri Dr. Hj Mohd Nasir Bin Mohd Ashraf and DG MOH, Tan Sri Datuk Dr Hj Mohd Ismail Merican.

The CBT charge under section 409 of the Penal Code carries a maximum 20 years jail, whipping and a fine while cheating charge under section 420 carries a maximum 10 years jail and a fine on conviction.

Findings by Auditor General’s report: Datuk Dr Nor Shahidah binti Khairullah had intentionally:

Transferred money from Company’s account in the form of payments to her personal Credit Card account for a totaled sum of RM108,747.60 (USD8,000, GBP6,000, EURO7,700)

Transferred money from Company’s account in the form of Traveller’s Cheque under her personal name for a totaled sum of RM 21,484.10.

Transferred money from Company’s account in the form of Bankers Cheque under her personal name for a totaled sum of RM 128,648.40.

Transferred money from Company’s account in the form of Cash via Cash Cheques for a totaled sum of RM 208,979.80.

Datuk Dr Nor Shahidah should be found guilty for criminal breach of trust (CBT) and cheating when she purposely and intentionally siphoned Company’s money for a totaled sum of RM 467,859.90 without the approval of the board of directors.

Subsequently, the company lodged Police report based on the Auditor General’s report findings. This has become a Police case investigated by I.O. Nasrina Darus from Commercial Crime Division. Police Report No: Damansara/010935/08.

Greater efficiency will reduce corruption: Chief Justice

Published: Friday November 7, 2008 MYT 2:59:00 PM
Updated: Friday November 7, 2008 MYT 3:39:10 PM

Greater efficiency will reduce corruption: Chief Justice
By SHARON LING

KUCHING: Greater efficiency in the public delivery system will help reduce corruption, Chief Justice Tan Sri Zaki Azmi said.

He said there would be no need to resort to corruption if things were done quickly and efficiently without unneccessary delay.

“If you improve your efficiency, corruption will go down. The public will also be happy because services are delivered fast,” he said Friday in a panel discussion on the theme “Integrity, the Catalyst for Sustainable Development” at the National Integrity Convention here.

The convention was organised by the Malaysian Institute of Integrity in collaboration with the state government and in conjunction with National Integrity Day.

Zaki said high standards of efficiency must be continually improved upon and not allowed to decline in order to meet public expectations.

Giving an example, he said that once the public could get their passports in four hours, they would not settle for getting it in 24 hours.

“You must keep pushing the standards up so that you don’t slack,” he said.

He also said politicians should lead by example when it comes to integrity and rooting out corruption.

“Politicians are our leaders. If they don’t set good standards, everybody will follow.

“If the boss is not firm, everybody will not be firm,” he added.

Former ministry sec-gen acquitted of CBT charge

Published: Thursday November 6, 2008 MYT 10:12:00 AM
Updated: Thursday November 6, 2008 MYT 11:46:24 AM

Latest news on former KSU: Datuk Dr Abdul Aziz Muhamad

KUALA LUMPUR: Former Rural Development Ministry secretary-general Datuk Dr Abdul Aziz Muhamad was acquitted and discharged of abetment of criminal breach of trust (CBT) and cheating involving RM9mil in Ketengah funds following his appeal.

The High Court here on Thursday overturned the decision by the sessions court in 2005.

Dr Abdul Aziz was found guilty in 2005 of abetting Ketengah general manager Datuk Alwi Said, 57, in CBT and cheating involving RM9mil of Terengganu Tengah Development Authority (Ketengah) funds. The offences were said to have taken place in 1999.

Dr Abdul Aziz, 64, now a businessman, was later given a stay of execution pending appeal.

November 06, 2008 16:09 PM

Court Sets Aside Former Sec-Gen’s Conviction And Five-year Jail Sentence

KUALA LUMPUR, Nov 6 (Bernama) –

The High Court here Thursday allowed the appeal by former secretary-general of the Rural Development Ministry Datuk Dr Abdul Aziz Muhamad and set aside his conviction and five-year jail term for cheating and abetment in criminal breach of trust.

Justice Datuk Mohamad Zabidin Mohd Diah, in acquitting him, said that there was no evidence that he had pressured the general manager of the Terenganu Tengah Development Authority (Ketengah), Datuk Alwi Said, to release funds without approval.

Abdul Aziz was jailed five years by the Sessions Court here in 2005 for abetting Alwi in committing CBT of RM2 million belonging to Ketengah at Kompleks Kewangan, Jalan Raja Chulan, between April 27 and July 31, 1999.

He received another five years jail for cheating the then second finance minister, Datuk Mustapha Mohamed, via the ministry officers relating to a Ketengah investment involving RM9 million at the Finance Ministry in Jalan Duta between June 24 and Aug 9, 1999. The sentences were to run concurrently

Mohamad Zabidin said that on the first charge, even though there was strong suspicion that Alwi committed CBT on the instigation of Abdul Aziz, suspicion, no matter how strong, could not take the place of evidence.

On the second charge, he said the whole process relating to the approval of the project was done in a transparent manner with full awareness of the Ketengah board.

“Therefore it was wrong to say that the finance minister was induced to approve the project because these facts were not in the letter sent to the ministry,” he said.

Abdul Aziz told reporters later that he thanked God that the truth had prevailed.

Deputy public prosecutor Dzulkifli Ahmad said he would refer to the Attorney-General’s office before deciding on the appeal.

Aziz was represented by Tan Sri Abdul Aziz Abdul Rahman and Saseedharan Menon.

The crime committed by ex-CEO of a GLC Datuk Dr Nor Shahidah Khairullah

Breaking News.

The 1st ever case successfully investigated and reported by an independent Malaysian-TAXPAYER. This case has been officially forwarded to the Chief Secretary (KSN) Tan Sri Mohd Sidek Hassan, Attorney General, Accountant General and relevant government enforcement agencies for their respective actions.

A former CEO Datuk Dr Nor Shahidah Khairullah under investigations by Police Commercial Crime division and Anti-Corruption Agency (ACA) for abuse of power and false claims. The crime was committed in 2006-2007 when she was in the Ministry of Health (MOH), resigned and recommended by the ministry as a CEO of Ninebio Sdn Bhd a government-linked company (GLC) owned by Ministry of Finance (MOF). Subsequently, she was terminated in early part of 2008 after the MOF Tribunal found her guilty of multiple false claims and irregularities. The hearing was based on the official findings by Accountant General’s special report.

During an independent investigation, Malaysian-TAXPAYER uncovered a crime and serious offence committed by the former CEO of 9Bio involving cheating the Prime Minister into approving a fast track RM 350 million projects to set up a halal vaccine production facility.

The project was secured on a turnkey-basis by Ekovest Bhd a public listed company and subsequently assisted by the managing director of Ekovest Bhd Datuk Lim Kang Hoo and inflated the project cost into an expensive development project of RM 1.9 billion. The government originally agreed and approved as a national project at RM 350 million. This was announced by former Minister of MOH, Datuk Chua Soi Lek during the ground breaking ceremony as reported by BERNAMA on September 04, 2006. Malaysian-TAXPAYER also discovered during the course of investigation that Ekovest Bhd was made to pay salaries for about 30 ex-staffs of 9Bio that had taken voluntary resignations days after Dr Nor Shahidah was terminated.

Malaysian-TAXPAYER further discovered that the crime was made possible with the help of three (3) other senior public officials of the ministry involving a Tan Sri and two (2) Datuk. The case was reported in local newspaper as well as on the internet. The case had been named, “The Money Making team: the 4 conspirators to siphon public fund.”

Now, the 4 conspirators are still FREE pending the outcome of ongoing investigations by Police and ACA to present their respective briefs of evidence to Attorney General. The public is anxiously waiting to see the four accused to be given a fair joint trial under section 170 of the Crime Procedure Code. All together 35 names had been identified and listed as potential witnesses for the likely court case by Malaysian-TAXPAYER.

The accused 4 conspirators in ranking order are:

(1) The Secretary General (KSU) of MOH and also the Director of Ninebio Sdn Bhd,
- Dato’ Sri Dr. Hj Mohd Nasir Bin Mohd Ashraf.

(2) The Director General (DG) of MOH and also the Director of Ninebio Sdn Bhd,
- Tan Sri Datuk Dr Hj Mohd Ismail Merican.*

(3) The former Deputy DG of MOH and also the Chairman of Ninebio Sdn Bhd,
- Datuk Ir. Dr M.S. Pillay.

(4) The former on contract Director of the Institute of Natural Products, Vaccines and Biologicals under MOH and ex-CEO of Ninebio Sdn Bhd,
- Datuk Dr Nor Shahidah Khairullah. **

* President and ** CEO of the Malaysian Liver Foundation.

Dr Nor Shahidah was arrogant during MOF Tribunal.

Excessive travel spending and without approval by Dr Nor Shahidah was one of the issue highlighted by Jabatan Audit Negara (JAN).

Dr Nor Shahidah explanation:
She argued that JAN got no right to question because part of the travel expenses covered by a special Research and Development (R & D) grant and not under the company. She also claimed that approval was given by Ministry of Health, Director General Tan Sri Dr Ismail Merican for her to lead the delegation. (Yes! Who else).

Remarks by JAN:
You as Chief Executive Officer (CEO) should learn and understand that R & D grant received also a public fund. Therefore, the spending should be done accordingly based on the specific purpose the grant was given for. Further, all expenses should be accountable and follow Treasury procedure.

Then, Dr Nor Shahidah was caught with a FACT that she could not deny of wrong doing.

Findings by JAN:

Overseas travel with a CONSULTANT???

Mr Julian Ding, a consultant from First Principles Sdn Bhd followed on the same trip to Munich, Geneva on the company expense.

Dr Nor Shahidah explanation:
She admitted no approval from the Board of Directors (BOD) for the said consultant. But, she tried to give rubbish and stupid excuse that she needed the consultant for matters relating to a special project negotiation with Emergent Bio Solutions Inc.

Findings by JAN:

Mr Julian Ding was paid RM1.2 million and yet his travel expense was covered by the company without the approval from Board of Directors.

PAC chairman Datuk Seri Azmi Khalid sounds like a salesman!

EC-725 Cougar EUROCOPTER

He also said the Government would have to decide on whether to go ahead with the purchase as “the price stated in the tender is only valid until February 2009”.

“After that, the price cannot be maintained,” he said.

Tuesday November 4, 2008

PAC: No abuse in tender

KUALA LUMPUR: The Public Accounts Committee (PAC) has found no procedural abuse in the tender process for the Eurocopter helicopters, but expressed concern over the lack of a thorough physical evaluation and test flight on the helicopters.

PAC chairman Datuk Seri Azmi Khalid said he found the tender process procedure satisfactory.

PAC chairman

“It was done in accordance with the standards required,” he told the press after a day-long briefing by the Defence and Finance Ministries in Parliament yesterday.

The PAC was tasked with scrutinising the purchase of 12 Cougar EC 725 helicopters for the Royal Malaysian Air Force (RMAF).

He added that there were many conflicting prices “going around earlier, but they are all wrong”.

“From seven bidders, there were three which were found most appropriate.

“And these are the correct figures – the lowest is RM1.262bil, the second is RM1.604bil and the third is RM2.442bil.

“The Finance Ministry said it prepared an allocation to purchase the RM1.604bil package, which is the Eurocopter,” he said.

However, Azmi said the committee was concerned over the lack of physical evaluation and test flights.

He said RMAF had explained that it had test pilots who had conducted test flights on various helicopters and planes previously, including the Eurocopter.

“But they said they did not specifically have a test flight for this particular purchase. Based on their experience, they felt there was no need to do a special test flight.”

The parliamentary committee also suggested that the Government have an independent review panel for all its “big purchases”, so the rakyat would be more confident that such purchases were transparent and not a waste of public funds.

Azmi also said that the committee could not determine what the correct price was, only which was the best tender.

“Military procurement varies from country to country, and the specifications required for the helicopter would differ from one country to another,” he said.

He also said the Government would have to decide on whether to go ahead with the purchase as “the price stated in the tender is only valid until February 2009”.

“After that, the price cannot be maintained,” he said.

The plan to buy the 12 Cougars has been temporarily shelved.

Responding to a question by Lim Kit Siang (DAP – Ipoh Timur) on whether it would not be cheaper to just upgrade the Nuri helicopters for a few hundred million ringgit, rather than spending billions to purchase the Eurocopter, Azmi said: “It is also an option the Government should consider.”

Public Audit Committee (PAC) contradicting statement

PAC says it found no procedural abuse in EUROCOPTER tender process but is concerned at the lack of physical evaluation such as test flights. Not enough! Something wrong some where?

Secretary General (KSU) found guilty by the Sessions Court

Similar case to Sec-Gen or KSU of Ministry of Health, Dato’ Sri Dr. Hj Mohd Nasir Bin Mohd Ashraf with the cover-up and abuse of power by DG, Tan Sri Datuk Dr Hj Mohd Ismail Merican. The case involving cheating the Prime Minister to approve RM 350m and inflated the project cost to RM 1.9 billion. The Money Making team: The 4 conspirators to siphon public fund.

RM 11m cheating: Ex-Rural Devt Ministry Sec-Gen found guilty

In 2005, the former secretary-general of the Rural Development Ministry, Datuk Dr Abdul Aziz Muhamad, was found guilty by the Sessions Court of cheating and abatement in criminal breach of trust involving RM11 million from the hardcore poor development project (PPRT) fund.

Judge Mohamed Zaki Abdul Wahab ruled that the defence had failed to cast a doubt on the prosecution’s case.

The prosecution called 34 witnesses, including Minister in the Prime Minister’s Department Datuk Mustapa Mohamed, while the defence called three witnesses including Abdul Aziz.

Abdul Aziz, 61, was found guilty to abetting former Terengganu Tengah Development Authority (Ketengah) general manager Datuk Alwi Said, 57, in committing criminal breach of trust of RM2 million.

The abatement in CBT charge under section 409 of the Penal Code carries a maximum 20 years jail, whipping and a fine while the cheating charge under section 420 carries a maximum 10 years jail and a fine on conviction.

In his judgement, Mohamed Zaki said the evidence showed that the RM2 million would not have been paid without repeated instigation from Abdul Aziz and Ooi (Ooi Kee Siang, who is still at large) at the Tasik Puteri Integrated Farm (TPIF) board meetings.

“In deciding this matter, I also consider the accused’s position as chairman of the TPIF board and deputy chairman of Ketengah. This position places him in a position of power over Alwi and this also influenced Alwi to make the payment,” he said.

Abdul Aziz was also found guilty of cheating Mustapa, who was then the second finance minister, by deceiving him into believing that a Ketengah proposal to invest in an orchid and fish breeding and recreation project in Tasik Puteri in Bukit Besi, Dungun, Terengganu, was viable.

In this manner, he induced Mustapa to agree to the application to invest RM9 million in Tasik Puteri Integrated Farm Sdn Bhd at the Finance Ministry, government office complex, Jalan Duta, between June 24 and Aug 9 1999.

On the cheating charge, Mohamed Zaki said the defence had attempted to show that Abdul Aziz was not aware of what his officer had written to the Finance Ministry to get the approval.

Yet, he had referred to the officer’s letter when he wrote to the secretary-general of the Treasury to ask the finance minister to speed up the agreement on the Ketengah investment, the judge said.

He said the court found that Abdul Aziz had a motive not to mention the relevant matters to the minister because if there was no agreement on the investment, he would have been subjected to a surcharge.

Deputy public prosecutor Dzulkifli Ahmad said the court should impose a sentence commensurate with the seriousness of the offence to serve as a deterrent to others.

Adapted from Bernama: RM 11m cheating: Ex-Rural Devt Ministry Sec-Gen found guilty
12 November, 2005

ACA begins probe into deferred RM1.6bil Eurocopter deal

Crime is a crime! Once committed ACA has got the jurisdiction to probe into a case. Cover-up, deferred or cancellation should not STOP the investigation. The fact of the case, procurement process and procedures must be followed by all public officials. Clear cut there was irregularities and abuse of power.

In fact, KSU as the controlling officer should ensure General Orders and Treasury Rules followed by everyone under his watch. The culprit is the officer that signed the letter. If not, no issue. But, we have to be fair as to under whose instruction? Now, we rest our case and let our trusted and respected Anti-Corruption Agency (ACA) continue with their job. Everyone is a SUSPECT! No one is found GUILTY! Tax Payer will monitor this case closely. This is a similar case to KSU of Ministry of Health and the irregularities and abuse of power by Tan Sri Dr Ismail Merican.

BREAKING NEWS !!!

Published: Saturday November 1, 2008 MYT 2:31:00 PM by

SEREMBAN: The Anti-Corruption Agency has begun probing into the proposed purchase of 12 Eurocopters with its officers taking away several documents, connected to the now deferred RM1.6bil deal, from the Defence Ministry.

ACA director-general Datuk Seri Ahmad Said Hamdan said the agency would be thorough in the probe headed by its investigations director Datuk Shukri Abdull.

“We have already opened a file on this. We have taken several documents on the purchase of the helicopters from the ministry and are currently looking at them,” he said.

He was speaking to reporters after opening a shooting competition organised by the agency at the Mantin shooting range near here.

Ahmad said the ACA would check to see if procedures for the purchase of the helicopters were adhered to.

“We want to see if there were any irregularities. We can’t tell for sure if there was an element of corruption involved in the deal…we have to investigate this,” he said.

He was asked to comment on a police report lodged by Parti Keadilan Rakyat deputy youth chief Fariz Musa against Deputy Prime Minister Datuk Seri Najib Tun Razak on alleged abuse of power in the proposed purchase of the helicopters.

The Opposition had also claimed that there were flaws in the deal as there had been no physical inspection and specification tests on the helicopter.

However, the purchase of the Eurocopter helicopters to replace the Sikorsky S61-A4 Sea Kings or Nuri helicopters was shelved earlier this week to reduce Government expenses in tight economic times.

On Friday, Najib had said that the Opposition was making a meal of the purchase, especially with its contention that the government had not conducted physical and specification inspections on the helicopter.

Najib, who was Defense Minister when the decision was made, said the Eurocopter was a proven helicopter in several developed nations, including France.

He said Malaysian pilots knew of the aircraft’s capabilities as they had flown them at exhibitions as well as during last year’s Langkawi International Maritime and Aerospace Exhibition.

Ahmad said the Public Accounts Committee could continue with its own probe into the matter.

“Let them (PAC) investigate this first. We will do so in stages,” he said.

On a separate matter, Ahmad said the ACA has received reports on alleged money politics in the on going Umno divisional elections.

“These are serious allegations…it can be in Umno or any other political party, we will surely investigate these reports,” he said.

Ahmad said overall, every three out of 10 reports received by the ACA received were mere accusations.

“Many of these are also poison pen letters and the information given is sometimes insufficient.

“It is better if complainants lodge reports with us so that we can act accordingly,” he added.

Yes! DATUK SERI AHMAD SAID HAMDAN

ACA juggles RM45m probe list

Friday October 31, 2008. The Star

PUTRAJAYA: The Anti-Corruption Agency is currently investigating graft cases involving funds amounting to RM45mil.

Director-general Datuk Seri Ahmad Said Hamdan said the agency confiscated RM8.8mil in property between January and October this year and collected fines totalling RM1.3mil.

“We have crippled various huge syndicates involved in high-profile corruption linked to the country’s security, such as the issuance of foreign workers’ permits, MyKad counterfeiting and smuggling of timber and diesel,” he said in his speech at the agency’s 41st anniversary celebration at Puspanita yesterday.

He said 548 people were caught, of whom 252 were civil servants. The agency received 13,669 tip-offs on graft in the first 10 months of this year, a 10% increase from the same period last year.

We SALUTE Director General of Anti-Corruption Agency (ACA) !

Civil servants represented 45.98% out of the 548 cases successfully charged and prosecuted by ACA.

Razak Baginda is a FREE man!

Published: Friday October 31, 2008 MYT 8:55:00 AM
Updated: Friday October 31, 2008 MYT 10:58:13 AM

Altantuya case: Razak acquitted !!!

By CHELSEA L.Y. NG and NURBAITI HAMDAN

SHAH ALAM: Political analyst Abdul Razak Baginda was acquitted Friday of the murder abetment charge in the murder case of Mongolian Altantuya Shaariibuu.

The judge ruled that the prosecution failed to prove a prima facie case against him.

C/Insp Azilah Hadri and Kpl Sirul Azhar Umar, members of the Special Action Squad (UTK), were ordered by to enter their defence against the murder charge.

Both of them chose to testify under oath.

Azilah and Sirul Azhar were charged with murdering Altantuya at Mukim Bukit Raja, Selangor, between 10pm on Oct 19, 2006 and 1am the following day.

Abdul Razak was charged with abetting them in the murder of the beautiful 28-year-old translator.

He was seen leaving the court at 10.10am with his wife and daughter. He did not give a press conference outside the court building.

“I just want to go home,” said Abdul Razak briefly to the press.

Azilah and Sirul Azhar were led out of the court building in handcuffs by police officers at 10.40am. They both had their faces covered. Azilah’s fiancee refused to give any comments to the press.

It has been slightly over five weeks since the prosecution closed its case and the court is expected to decide on the fate of all three accused today.

The trial had gone on for 151 days from November 2006, during which 84 prosecution witnesses testified.

Joint Trial for the accused 4 conspirators.

The case of The Money Making team: The 4 conspirators to siphon public fund.

The charge is a definite allegation of a particular offence against a “suspect”. Once a person is charged, he or she formally changes designation from “suspect” to “accused”.

The charge should indicate to the accused, clearly and precisely, the case which he needs to answer at trial and reflects one of the important principles of due process and natural justice; namely, the right to a fair hearing.

CRIMINAL PROCEDURE CODE (C.P.C.)

s. 152. Form of Charge.

(1) Every charge under this Code shall state the offence with which the accused is charged.

(2) If the law which creates the offence gives it any specific name the offence may be described in the charge by that name only.

(3) If the law which creates the offence does not give it any specific name so much of the definition of the offence must be stated as to give the accused notice of the matter which he is charged.

(4) The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge.

(5) The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

s. 153. Particulars as to time, place and person.

(1) The charge shall contain such particulars as to the time and place of the alleged offence and the person, if any, against whom or the thing, if any, in respect of which it was committed as are reasonably sufficient to give the accused notice of the matter with which he is charged.

(2) …

s. 154. When manner of committing offence must be stated.

When the nature of the case is such that the particulars mentioned in section 152 and 153 do not give the accused sufficient notice of the matter which he is charged, the charge shall also contain such particulars of the manner in which the alleged offence was committed as will be sufficient for that purpose.

s. 163. Separate charges for distinct offences.

For every distinct offence of which any person is accused there shall be a separate charge, and every charge shall be tried separately, except in the cases mentioned in sections 164, 165, 166 and 170.

The second limb of section 163 of the C.P.C. states that every charge and every accused must be tried separately: one person, one charge, one trial. This states the general rule for which there are exceptions in sections 164, 165, 166 and 170 of the C.P.C. If the charges or the accused have been joined together in the same trial other than in the circumstances specified in those sections, there is a “misjoinder”. If the prosecutor is aware of the misjoinder of charges prior to trial, he should decide which accused he wants to bring charges against and / or elect which charges he wishes to proceed upon before the accused is asked to make his plea. If, however, the trial has already started, the proceedings will be a nullity. It will be up to the discretion of the appellate court whether or not to order retrial.

The question then is whether these four conspirators or accused can be tried together. The general rule is that every accused person should be charged and tried separately for every distinct offence: section 163 C.P.C. This general rule however, is subject to four exceptions viz.:

(i) Not more than three offences of the same kind committed within the space of 12 months may be tried together: section 164 C.P.C.

(ii) One trial for all offences committed by the same person arising out of the same transaction. There is no limit as to the number of charges that may be preferred against an accused person at such trial: section 165 C.P.C.

(iii) Where on the same set of facts several offences are disclosed and it is doubtful which particular offences to charge; the accused may be charged with all the offences disclosed or in the alternative for every such offence. There is no limit to the number of charges: section 166 C.P.C.

(iv) Where several accused persons commit the same offence or several offences of the same kind or different offences in the same transaction, then all the accused persons can be charged with committing all the offences at the same trial. Hence again there is no limit to the number of charges: section 170 C.P.C.

In the present case of The Money Making team: The 4 conspirators to siphon public fund there are four (4) accused persons and 6 charges and their joint trial will be forbidden by section 163 C.P.C. UNLESS the case falls within one of the four exceptions. Section 164 C.P.C. does not apply because there are more than one accused and there are six (6) charges. The ONLY exception within which it could fall is section 170 of the C.P.C. The question arises whether the six (6) offences charged were committed “in one series of acts so connected together as to form the same transaction”.

It is not possible to frame a comprehensive formula of universal application to determine whether two or more acts constitute the same transaction; but circumstances which bear on the determination of the question in an individual case may be easily indicated; they are proximity of time, unity or proximity of place, continuity of action and continuity of purpose or design.

We therefore, hold that this case falls within the exception contained in section 170 of the C.P.C.

Now, applying this test to the present case, a perusal of the charges show:

(1) Proximity of time – all the six offences were alleged to have been committed at the same time;

(2) Unity or proximity of place – all the six offences were alleged to have been committed at the same place;

(3) Continuity of action – all the six offences are the same and committed at the same time and place; and

(4) Continuity of purpose or design – all the four accused charged with having committed all six offences and in all six charges with common intention to siphon public fund.

There are a number of practical reasons why a prosecutor would prefer joint trials. He saves the time and expense of separate trials (saving taxpayers’ money), avoids unnecessary duplication of issues and in several cases, is able to use testimony of one defendant against the other (as one accused attempts to exonerate himself at the expense of the other). Section 170 of the Criminal Procedure Code sets out the circumstances when this can be done and, through the illustrations attached to the section, hints at the prejudice which must be avoided when a decision is made to join defendants.

Prepared by one of our Panel Judges (a Criminal Lawyer by profession).

Yes! Tan Sri Zaki Azmi.

We taxpayers welcome the country’s new Chief Justice, Tan Sri Zaki Azmi as Malaysia’s 12^th chief justice. He starts with tough talk and a steely warning to his fellow judges.

Tan Sri Zaki quoted Sir Robert Peel, the 19^th-century British prime minister, who had said that “gross and grievous neglect of duty would warrant a removal from the bench”. Tan Sri Zaki commented the need for improvement and to insist that errant judges had no place under his watch. ”…prove that you deserve to be rewarded, and I will fight for you”. He said, “…the practice of apple-polishing among judges must stop”.

We are PROUD to have you ‘Yang Arif’.

While we are referring to apple related analogy, we should also try to understand the real issue of culture and misconduct in civil service in this country. If we can change the culture, we will be able to get rid of most of the bad apples – not the other way around. Perhaps, we must try to look at the barrel and not each apple separately. We believed a small minority of civil servants especially of certain profile and character like Tan Sri Ismail Merican is not rooted in money scam, but in a strange cultural problem: a strong certitude that Director General or Secretary General’s post is almighty and noble status that one can bend the rules, lie, abuse, and use any means, to serve it. This noble status attitude tradition is handed down to new recruits from older officers and other leaders in the civil service. Hence, every single opportunity one will be tempted to select, recruit and promote inner circle of ‘sidekicks and yes man’ and further enhanced the never ending culture.

The present Chief Secretary to the Government, Tan Sri Mohd Sidek Hassan recognizes this and embarked on transformational leadership in civil service’s reforms and succeeded with flying colours. With his famous convincing statement, he said, “Must get rid of bad apples, no place for them in civil service”. Now, Tan Sri KSN needs to show he means business by attending to both the DG and KSU of MOH that had tarnished the civil service’s reputation with their dishonesty and irresponsibility. Immediate stern action and swift removal would prove the point and for all public officials to witness. We have faith and trust our Tan Sri KSN will make the right and timely decision. Taxpayers have high expectation that Chief Secretary to the Government as the custodian of civil service will set an exemplary leadership and as a precedent for future successor to emulate and admire. That will be Tan Sri Mohd Sidek’s legacy in the new Civil Service culture for future generation of civil servants and the public to remember.

The ‘Law of Attraction’, like attracts like!

Based on the short article, we should give the full complement to the late YM Sultan Idris for his foresights to initiate and persuade the British in the need for the Malays in the administration of the country. Hence, the setting up of the Malay College Kuala Kangsar was timely as the foundation of our civil service training ground.

Perhaps, we NEED to form a better training institute than INTAN to produce the new breed of civil servants with DISCIPLINE, ACCOUNTABILITY and HIGH INTEGRITY. We must always on the look out for a character like Tan Sri Ismail Merican. Someone who is easily influenced by a woman, tempted by the dark side of power and bad example! As mentioned by the current Chief Secretary to the Government of Malaysia, Tan Sri Mohd Sidek Hassan when he said “must get rid of bad apples, no place for them in civil service”.

Similarly, a character like Dr Nor Shahidah with scandalous history should not have been allowed to be taken in on contract. A simple screening process with background checking and security clearance would have spotted the bad records and outstanding court case. The need for proper integrity screening before hiring or appointing top public officials must be put in place as corrective measures. Dr Nor Shahidah was protected and given privileges never done before in any ministry thanks to KSU who failed to perform his duty as controlling officer. Procedures must be followed irrespective of ranks or positions especially General Orders and Treasury Rules. Surprisingly, the support from KSU and the cover-up blinded everyone. Furthermore, the former Deputy DG, Datuk Ir. Dr M.S. Pillay with all the bad qualities as a character and given power by DG to formulate the approval process to get the unwanted development project off the ground. The fact is ‘The ‘Law of Attraction, like attracts like’ applies to Tan Sri Ismail Merican and the rest of ‘The Money Making team.’

We the public and taxpayers can only hope that the Chief Secretary will do what is necessary to uphold the image and good name of the civil service by eliminating Tan Sri Ismail Merican and his cronies. Do the RIGHT thing at the RIGHT time especially when PUBLIC is watching! Sometimes, we need to be creative at conflict resolution and extend our intuitive sense of timing. Perhaps, applying the ’art-of-persuasion’, Tan Sri Ismail Merican can gracefully retire! If not, let the due process of the law to continue WITHOUT interference and ‘JUSTICE WILL PREVAIL’. But, with him there as DG, ‘justice would not seen to be done.’ Yes, no CHOICE! Tan Sri Ismail Merican has to GO!

FACT! Dr Nor Shahidah leaves trail of scandals

Breaking News!

Anywhere she was employed there will be trail of money scandals. We had the opportunity to uncover an interesting past.

Outstanding Court case:
Ref. No: R2-12-648-05 at KL High Court of Appeal
Uni Malaya vs Nor Shahidah binti Khairullah.
The case was about….(sorry, it’s a court case)

Polis Report lodged.
Report No.: Damansara/010935/08.
Investigation Officer (I.O.): Nasrina Darus, Commercial Crime.
Report related to cases committed and found guilty by MOF Tribunal.

Fact of the matter, due to her childhood history and hardship, Dr Nor Shahidah transformed to become an opportunist. She will seek every opportunity to make MONEY. Based on that we now wonder what type of a person Tan Sri Dr Ismail Merican? He is so fascinated with Dr Nor Shahidah and willing to do anything for her. Anybody with the right mind or even half a mind would realize that she is a LIABILITY. Truly, love is blind.

We also got to know that she drinks alcohol and sometimes got quite drunk and everything will come out her mouth. Yes! All the guys around her normally will be extra nice thinking that they can get her to bed.

We had promised ourselves not to go overboard describing the details of her private life but sufficient to establish her true character. If that is so, what about the other three (3) conspirators? Well, we do not have the privilege to privy information for now except former Deputy Director General and Chairman of 9Bio Datuk Dr Ir. M.S. Pillay. We had covered enough about him in our earlier posting.