YeinJee's Asian Journal

Commercial Crimes Investigation Department (CCID) director Datuk Ramli Yusoff was charged in the Sessions Court here Thursday with two counts of failing to make a full disclosure of his assets and another for involvement in business. [Bernama]

Ramli, 55, the country’s third highest ranking police officer hauled up to court by the Anti-Corruption Agency (ACA), claimed trial to all the three charges.

In the first charge, he is alleged to have not declared an office lot located at a building in Megan Avenue II at Jalan Yap Kwan Seng here and another office lot on the same floor of the building.

The properties, worth about RM1 million, were held under the name of his two sisters — Rohmah @ Hasmah Yusoff, 58, and younger sister, Roslina Yusoff, who were directors of Bonus Circle Sdn Bhd, an investment holding company.

In the second charge, Ramli is alleged to have not declared the 154,000 shares he had in PERMAJU Industries Berhad, a property company.

For the third charge, Ramli, as a public officer and a police commissioner holding the post of Commercial Crimes Investigation Department director, was bound by the law not to be involved in business as stipulated under Regulation 5(1)(a) of the Public Officers Regulations (Conduct and Discipline) (Amendment) 2002 but was involved in business in his capacity as a director of Kinsajaya Sdn Bhd, a real estate company.

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Opening address by former Yang di-Pertuan Agong and former Lord President of the Federal Court, HRH Sultan Azlan Shah, at the 14th Malaysian Law Conference… [Malaysianbar]

“50 Years of Constitutionalism and the Rule of Law”

Assalamaualaikum Warahmatullahi Wabarakatuh.

Salam Sejahtera.

Bismillahi Rahmanir Rahim.

This year marks the 50th year of our nation’s Independence. It is also the 50th year of our Merdeka Constitution.

Malaysia and its people have every reason to celebrate this joyous occasion as the country prospers as a constitutional democracy with a constitutional monarchy in the form as established by the Merdeka Constitution in 1957.

Not all countries that achieved their freedom at the end of the colonial period are today able to celebrate their independence with pride. Some are under military rule, whilst others have had their institutions undermined or even abolished.

The 50th anniversary of our independence is therefore an appropriate moment for all of us to reflect upon the strength of our constitutional system. As we rejoice in our success, It is important to be alert to the pitfalls of failure if proper regard is not given to our constitutional mechanisms.

We must ever be mindful that written constitutions are mere parchment pieces.

It is important that there must be, in the hearts and minds of those who are entrusted to administer and uphold the constitution, a belief in the values and principles that animate the august document.

I had occasion to observe when sitting in the Federal Court in 1977 that the “constitution is not a mere collection of pious platitudes”. I spoke then of the 3 essential features of our constitution. I said:

“It is the supreme law of the land embodying three basic concepts: One of them is that the individual has certain fundamental rights upon which not even the power of the state may encroach.

The second is the distribution of sovereign power between the states and the federation…

The third is that no single man or body shall exercise complete sovereign power, but that it shall be distributed among the executive, legislative and judicial branches of government, compendiously expressed in modern terms that we are a government of laws, not of men.”

The prescription that “we are a government of laws, not of men” describes the basic principle that runs through our entire constitution-the principle of the Rule of Law.

The Rule of Law is the defining feature of democratic government. In delivering the eleventh Tunku Abdul Rahman lecture in November 1984, I again defined it as follows:

“The Rule of Law means literally what it says: The Rule of the law. Taken in its broadest sense this means that people should obey the law and be ruled by it.

But in political and legal theory it has come to be read in a narrow sense, that the government shall be ruled by law and be subject to it.

The ideal of the Rule of Law in this sense is often expressed by the phrase “government by law and not by man””
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Malaysia government has approved RM 292,525,877.72 as compensation to Gerbang Perdana, the contractor for the abandoned Scenic Bridge aka Crooked or Half Bridge.

What are we paying for actually? Even though the contract is cancelled, Gerbang Perdana could not possibly lost nearly RM300 million for a project that they barely started… seems like some idiots will be getting really rich for no good reasons.

The Anti-Corruption Agency has finally taken action following alleged corrupt practices in cases highlighted in the 2006 Auditor-General’s Report. [Thestar]

It is still remained to be seen if ACA could actually nail the culprits; their integrity and capability are dubious these days… but at least they are doing something on the positive direction this time.

I hope that they are trying to catch the big fish instead of just the small shrimps though… investigation should be done at every level of the alleged bodies, including the ministries if needed.

Update Oct 25 – Lim Kit Siang has an interesting thought that the sudden flurry of ACA activities might be an intensified public relation and replay of the high-profile pre-election anti-corruption action 4-years-ago.

Former Deputy Prime Minister Anwar Ibrahim has released a video that was recorded in 2002, showing senior lawyer VK Lingam in a phone conversation, purportedly with current Chief Justice Ahmad Fairuz Sheikh Abdul Halim, allegedly fixing the appointment of ‘friendly’ senior judges.

I am not surprised with the scandal, but am surprised that something like that was caught on tape (or video, whatever). Our judiciary system is losing faith among Malaysians since former PM Mahathir Mohamad fired the chief judge in 1988. Since then Malaysia no longer have a judiciary that is independent from government administration.

It is therefore no surprise that money and relationship play a greater part in determining the position of senior judges rather than based on pure merit.

The main media has been extremely quiet on this saga; the news is not completely blackout, but the scale of the reports is pathetic.

Meanwhile DPM Najib Abdul Razak has said that the government will first confirm the authenticity of the ‘VK Lingam’ video before deciding on the next course of action. [Malaysiakini]

You can read the draft transcript via PKR’s website or Malaysiakini.

[Follow this tag for updates about Lingam Tape Scandal]

Auditor-General Tan Sri Ambrin Buang will introduce an accountability index next year that awards star ratings to all ministries, state governments and statutory bodies for their management of public funds. [Malaysiakini]

Marks (and stars) will be given according to performance…

4 stars – Excellent (90% – 100%)
3 stars – Good (70% – 89%)
2 stars – Satisfactory (50% – 69%)
1 star – Not Satisfactory (49% and below)

The Auditor-General’s idea is quite a bold one, but what’s the point? What would happen if some influential leaders get a 1 star rating? Samy Vellu should be a hot favourite, but can the cabinet fire him? What if Badawi or Najib get a 1 star… what can be done?

(I am not too sure if the ministers themselves will be accessed, just my thoughts)

The ministries and various bodies are not stupid; they might be managed by some of the brightest people in the country… they know how to manage public funds, a bit too well perhaps. Most of the funds are not simply wasted; the money has to go somewhere, into some bank accounts. The question is… whose accounts has the money got into?

Whenever there is some scandalous stuff exposed, there will be criticisms here and there… vowing this, swearing that… but in the end, nothing happens. The money is gone like the Bermuda Triangle mystery, no people is penalized accordingly, and no solutions are provided for every cases.

It’s not about mismanagement of public funds, it’s about corruption… from top to bottom.

We need some drastic methods to fight against corruptions; the Auditor-General’s star rating is not going to work well. Besides, if Mr Ambrin Buang is to publish something that could really harm the government leaders, do you think he will be allowed to hold his current position for long?

Some figures from Auditor-General on government spending…

• 146 sets of screwdrivers bought for RM 224 per set when the market price is only RM 40 per set;
• 82 sets of Staedler Mars technical pens bought for RM 225 per set when the market price is only RM 120 per set;
• 90 sets of Faber Castell technical pens bought for RM 1,147 per set when the market price is RM 160 per set;
• 17 sets of technical books consisting of 10 titles priced at RM10,700 per set when the market price is only RM 417 per set;
• 5 units of 3.1 megapixel digital camera that was bought for RM8,254 per unit when the market price was only RM 2,990 per unit.
• 650 sets of plastic vases bought at RM 42.80 per set when the market price is only RM 5.20 per set:
• 3 sets of settee bought between RM 8,250-RM9.075 per set when the market price is only RM 1,500 per set;
• two tower cranes bought for RM 5.72 million when the market price is only RM 2.98 million
• 60 used cars bought at a price of RM 4.24 million when the market price is only RM 2.8 million an excess of RM 1.44 million;
• 152 desktop computer packages bought for RM 4.5 million when the market price is only RM 1.4 million, an excess of RM 3.1 million;
• 420 sets of cement mortar boards bought at RM 1,027 per set when the market price is only RM 150 per set;
• 3 cabins bought for RM 141,900 per cabin when the market price is only RM 20,000 per cabin; and
• 2 units of two-tonne car jack bought for RM 5,471 per unit when the market price is only RM 50 per unit.

This is how Malaysian government is spending our tax money. [Hat tip to Wengsan]

It’s reported from Malaysiakini that Ministry of Tourism has spent RM5.7 million to purchase tickets from MST Ad Suria, the private company that runs Eye on Malaysia, the 60-metre high ferries wheel located along the lake in Taman Tasik Titiwangsa.

Government has put high hope for the 30-million project, but it is apparent that the landmark is not as popular as they wished. The operation of the Eye was awarded to a private company MST Ad Suria, which is probably losing big bucks at the moment… but no worries; the government is spending millions of Ringgits to rescue them.

It’s good to do business in Malaysia… you get to know somebody from the government, you will get a project that will make big money… and if the project fails… you will still get the money because government will pay you regardless. You sure win, IF you know the right person and right channel.

We are in Malaysia, you can rest assured that no action will be taken to investigate the ministry and the company involved, and even if there is any investigation… our government will probably order to close the case when the investigation is still in premature stage like what we did in a number of corruption allegations.

The main media will not (dare to) report or follow up on the case as usual… and it will become another tiny dust under the carpet. Welcome to Malaysia.