AG not likely to charge NFC directors, said Mat Zain Ibrahim

Former Kuala Lumpur criminal investigation department chief said that there are only

 

the Attorney General Ghani Patil is not likely to charge the directors of the National Feedlot Corporation directors as otherwise he would also have to charge former Malacca Chief Minister Abdul Rahim Thambi Chik, former International Trade and Industry Minister, Rafidah Aziz and former MAS chairman Tajudin Ramli.

He said there are 3 main elements for someone to be charged for CBT:

• dishonest misappropriation
• conversion to own property
• dishonestly uses or disposal of the property

but only one ingredient needed to justify charges.

Read more of Shahrizat's family unlikely to be charged, says ex-top cop courtesy of Malaysiakini below:

Shahrizat's family unlikely to be charged, says ex-top cop

Hafiz Yatim
4:19PM Feb 27, 2012

A former senior police officer believes that the attorney-general chambers will not charge those linked to the National Feedlot Corporation (NFC) for criminal breach of trust (CBT), despite strong evidence to support the charge.
Former Kuala Lumpur criminal investigation department chief Mat Zain Ibrahim, when contacted, said that based on documents related to NFC's condominium purchases and documents pointing to NFC funds being used to fund trips, he believes that there were elements of CBT.
However, based on his experience in investigating high profile individuals in the past, Mat Zain believes that the CBT charge would not be slapped on NFC's bosses because they are the family of Women, Family and Community Development Minister Shahrizat Abdul Jalil.
"If the attorney-general were to charge Shahrizat's family based on police recommendations, then he may also have to charge (former MAS chairperson) Tajudin Ramli, according to police recommendations.
"Then, the attorney-general may have to follow up by charging (former Malacca chief minister) Abdul Rahim Thamby Chik and (former International Trade and Industry Minister) Rafidah Aziz.

Only one ingredient needed

In 1994, Mat Zain was the investigation officer that was tasked with probing Tajudin. He was also involved in the investigations on Abdul Rahim and Rafidah.
Mat Zain explained that in his three examples, the police or Anti-Corruption Agency, as it was then known, had made recommendations that they be charged for various offences.
He said this when asked to comment on Bukit Aman commercial crime investigation department director Syed Ismail Syed Azizan'srecommendation that NFC chairperson Mohd Salleh Ismail be charged with CBT.
Mat Zain, who also read law, said three main elements should be cited  in a CBT case namely dishonest misappropriation, converts to his own the property, or dishonestly uses or disposes the property in violation of any direction of the law.
“The prosecution is only required to fulfill one of the above ingredients - not all three, but one,” he stressed.

Companies don't perform umrah, people do
Explaining further, Mat Zain said the purchase of a condo using the NFC funds, and registering the condo in their own names is as good as transferring cash into personal accounts.
“If this is not converting to ones’s own use, what is?” he asked.
“Another example are the allegations against Mohamad Salleh and his son Wan Shahinur that they performed the umrah in 2010 using company funds amounting to some RM31,000 or so.
"If this can be proven than no need to argue. It’s 100 CBT. Companies are not required to perform umrah, only individuals are," he said.
Last November, PKR secretary-general Saifuddin Nasution revealed that NFC funds were used for Mohamad Salleh and his son Wan Shahinur Izran for them to perform the umrah.
Mat Zain was the investigation officer in the Rahim and Rafidah cases.
In a related development, attorney-general chambers head of prosecution Tun Abdul Majib Tun Hamzah refused comment when asked respond to Syed Ismail's statement.
He said his department have yet to receive investigation papers from the police.
Yesterday, NFC in a statement said it was shocked with Syed Ismail for going public on the matter and accused him of trying to pre-empt the attorney-general's decision over the matter.

NFC Scandal: Syed Ismail Syed Azizan is a brave man

Zaid Ibrahim has called Bukit Aman’s Commercial Crime Investigation Department’ Syed Ismail Syed Azizan as a brave man because he dare to say that police investigations have revealed that there are sufficient reasons to charge NFCorporation’s directors with CBT (Criminal Breach of Trust, White Collar Crime in Malaysia). Many investigation papers have been submitted to the Malaysia Attorney General Ghani Patil which have been classified NFA (No Further Action) because it is politically sensitive for the ruling UMNO/BN Federal Government. Zaid Ibrahim thus opined that it is highly unlikely that Syed Ismail will ever be promoted to IGP (Inspector General of Police) as thus coming up with unprecedented pronouncement in public will not make him a favored candidate for the IGP post:

Malaysiakini’s article Yes, the AG must act to charge NFC directors courtesy of Malaysiakini:

Yes, the AG must act to charge NFC directors

Zaid Ibrahim
3:20PM Feb 27, 2012

COMMENT The director of Bukit Aman’s Commercial Crime Investigation Department Syed Ismail Syed Azizan is a brave man. Why?
Because he has said clearly and categorically that there is enough evidence to charge the directors of the National Feedlot Corporation (NFC) with criminal breach of trust.
I like a brave Malaysian, especially if he or she is a civil servant. I believe that it’s only when civil servants show courage and integrity that the rakyat can hope to get justice and fair play in their dealings with the government.
Syed Ismail knows that the police, the Malaysian Anti-Corruption Commission - or any enforcement agency in the country for that matter - do not have the power to lay charges regardless of the evidence.
That is the prerogative of the attorney-general. Despite this, Syed Ismail has been willing to tell the people there is in fact enough evidence to charge someone.
This is an act of courage. It is not the action of someone with an ulterior motive, as has been suggested by the family involved in the NFC.
In my years at the Bar and in government, I often heard that “such-and-such a case was presented to the Attorney-General’s Office but no action was taken”.
No one knows the actual reason for this inaction - we are told only that under the constitution, the attorney-general has absolute discretion whether or not to charge someone.
So it is possible that, in many cases, enforcement agencies such as the police have recommended prosecution but the attorney-general has refused to pursue the case.
Crown prosecution services
Our practice is entirely different from that of other Commonwealth countries, where there are crown prosecution services consisting of lawyers who act independently of the attorney-general.
Their independence is based on the trust given to them that they will work in the public’s interest.
They work in close collaboration with the police, so when the police in the United Kingdom (for example) say that they have evidence, it would be unthinkable for anyone else, even the prime minister, to suggest that the attorney-general might decide differently.
On the other hand, our Prime Minister Najib Abdul Razak has made remarks that cast doubt on whether the family of Shahrizat Abdul Jalil (the  Women, Family, and Community Development Minister) will ever be prosecuted. Najib has talked about the “absolute power” of the attorney-general, and not the police, to determine if the government will prefer a charge against Shahrizat’s family.
The past has shown that when political leaders speak like that, we know that no charge is forthcoming. It would indeed be disappointing if our “reformist” prime minister should prefer to pre-empt the attorney-general’s decision.
Najib should instead give full support and praise to the police for an investigation into a case involving at least one powerful politician. But somehow, Najib always seems to get the wrong end of the stick.
So to Syed Ismail, I don’t think you will ever become the inspector-general of police, but it may be a small comfort to know that your decision to make your investigation public sets a good precedent.
After this, we hope to hear more from the heads of investigating teams. We hope to see them declare their findings publicly. We can then see how far the prime minister will go to defend his attorney-general’s discretion.
Syed Ismail, I will shake your hand anywhere I see you. And there are thousands like me who will do the same.

---

ZAID IBRAHIM, a former law minister, is the Parti Kita president.

Najib, Muhyiddin should be held responsible for NFC fiasco

NFC (National Feedlot Corp.) has responded to accusations that they misused the soft loan of RM250 million loan to purchase properties with the loan by saying that there are no restrictions in how they utilized the loan.

If true, Muhyiddin as the then Minister of Agriculture and Najib who was in the cabinet when the scheme was approved are responsible for not setting any conditions in the utilization of the soft loan.

If untrue, then both those managing NFC, Najib and Muhyiddin are responsible, NFC for misuse of the loan and Najib and Muhyiddin for not monitoring the use of the funds.

Read what Lim Kit Siang has said in Malaysiakini’s article : Haul up PM, Muhyiddin for NFC 'blank cheque'

Haul up PM, Muhyiddin for NFC 'blank cheque'

3:39PM Feb 10, 2012

Describing National Feedlot Corporation's (NFC) loan as a "completely blank cheque", DAP is demanding that top cabinet members answer to the company's claim that it can spend the RM250 million loan as it sees fit.
"If true, then the 'political masters' responsible for this decision at the relevant time... should be hauled up before the Public Accounts Committee (PAC) for the whole truth to be told," said DAP supremo Lim Kit Siang.

In his statement today, he suggested that then prime minister Abdullah Ahmad Badawi, then chairperson of the cabinet committee on high impact projects and deputy prime minister Najib Abdul Razak or then agriculture minister Muhyiddin Yassin testify before the PAC.
"If untrue, it is the responsibility of the PAC to get to the bottom of the matter and report to Parliament when it reconvenes on March 12," Lim  said.
He added that the PAC should convene an emergency meeting on the matter, especially since NFC's statement contradicted the Finance Ministry, which told the PAC that the loan could only be used for its intended purpose.
Lim was responding to NFC's statement yesterday that the terms of its loan did not impose any limits on how it should be used, including property investments even though the money was meant for ensuring beef self-sufficiency in the country.

NFC had been under fire for allegedly misusing the loan forunrelated expenses, such as three luxury condominiums worth about RM44.6 million in Singapore.
The condominiums were registered under the names of Women and Family Development Minister Shahrizat Abdul Jalil’s family members, who are also NFC’s senior management staff.
Shahrizat and her family members have denied any wrongdoing, and NFC justified the purchases as an investment to put the money to good use while its feedlot project was temporality halted for a viability study.
Lim also posed a series of questions and challenges to NFC via Twitter, which are:

• Publicise the NFC’s loan agreement;

• Specify the salary and perks drawn by Shahrizat’s family members each month;

• Respond to each allegation against NFC;

• Answer whether NFC agrees that it plunged Najib’s administration into a credibility crisis, and whether it would support a royal commission of inquiry into NFC; and,

• Answer whether NFC’s prerogative to invest in its best interests include “the right to trample on public or national interests.”

LYNAS – Malaysian public fooled again by UMNO gomen

The LYNAS rare earth refinery project in Kuantan which will produce radioactive waste with extremely life of over 14 billion years had been given a TOL (Tempory Opperating License) only 4 days after after the closing date for a public feedback period. This indecent haste with which the UMNO/BN controlled AELB granted the TOL shows that they really do not care for public opinions which are overwhelmingly against the project.

Further, there were too many restrictions for the public to view the application for the TOL plus it had not been accompanied by an EIA (Environmental Impact Assessment) which is mandatory and LYNAS has still not have a PDF (Permanent Disposal Facility).

If you care for your own plus your family plus future generations, vote out the uncaring UMNO/BN so that the PR promise to close the facility can be fulfilled.

Read below what the Malaysian BAR has to say about it in Bar Council questions 'express licence' for Lynas courtesy of Malaysiakini:

Bar Council questions 'express licence' for Lynas

3:39PM Feb 7, 2012

The hasty manner in which the Atomic Energy Licensing Board (AELB) approved a temporary operating licence for the Lynas rare earth refinery was improper, said Bar Council president Lim Chee Wee.
He said that the licence was issued on Jan 30, just four days after the closing date for a public feedback period.
“It beggars belief that AELB could have adequately and properly considered the 1,123 public comments within merely two working days.  
“The only natural conclusion is that the whole public consultation process is a sham and charade,” said Lim (right) in a statement today.
The public consultation period took place between Jan 3 to Jan 26, to allow the public to scrutinise Lynas’ application for a licence.
There have been complaints that the AELB applied too many restrictions during the viewing process, which includes limiting the amount of time each individual can view the document.
Meanwhile, Lim pointed out that the legality of the AELB decision on Jan 30 was also in question because the detailed environmental impact assessment (EIA) on the Lynas plant had not yet been conducted.
‘Where is the EIA?’
Lim argued that the EIA was a prerequisite, noting that as of Feb 1, even the permanent disposal facility for the Lynas plant had yet to be identified.
“This omission alone should have constituted sufficient grounds for AELB to dismiss the application,” he said.
In view of this, Lim urged the federal government to suspend or cancel the temporary operating licence.
On the 10-month period for Lynas to submit its plans for a permanent waste storage facility, Lim said this was reckless because if the terms of the licence remain unfulfilled, a substantial amount of radioactive waste would have been produced.
“These wastes would burden Malaysia for the imaginable future, as thorium, one of the wastes produced, has an inconceivably long half-life of over 14 billion years.
“It will take that much time for half the atoms in any sample of thorium to decay,” warned Lim.
He added that should a catastrophe befall the affected area, a large amount of money would be required for remedial action, as shown in the case of the Asian Rare Earth Plant in Bukit Merah, Perak.

Rosmar Mansor spending spree & Holly's email

I had made an earlier post at Is Rosmah Mansor lying re Spending Spree. However, the picture of the email is small and the wordings are difficult to read. Below is a clearer image plus a transcript below it. Read and judge the truth of Rosmah Mansor's denial:



Transcript of the above image of the email:

Hi Patty,

I hope you are well.
Some news for you.
I thought you may be interested in one of Carl's latest fan, Malaysia's "First Lady" Rosmah Mansor. Carl received a phone call from her staff while she was shopping in Pitt St. asking if there was parking in Paddington for a limousine. They came straight over where Carl had a private appointment with Mrs. Mansor, going over styles, color and fabrics. Carl then prepared a presentation for her on New Year's Eve at the hotel Mrs. Mansor was staying out, and she chose every one of the 30 colors Carl presented. In total Mrs. Mansor ordered 61 pieces. Carl also was introduced to PM Najib Razak. All pieces she chose are to be made from Carl's signature stretch silk, and to be made bespoke after taking her measurements.

A few of the styles she ordered included the Emila skirt and long sleeve blouse below.

I would also be happy to offer you an AW12 style to run with the story, look book is attached.

Interesting, not?!

Holly

And here is a second email released over at Close encounters of the KL kind:

“Hi Patty,

I just spoke to Carl for some further information:
He visited Rosmah, and her PM husband on New Year's Eve at The Darling's Penthouse Suite in the Casino (http://www.thedarling.com.au/sydney-hotel-rooms/penthouse/) for the fitting and presentation. The pieces are for her everyday occasions, which are many. She meets some incredibly influential people, including most recently Michelle Obama so Carl is thrilled that she is such a fan. He said she was incredibly lovely, and she is flying him to Kaula Lumpar mid-February for a second round of fittings. The pieces need to be completed in a month from the second fitting. All pieces had to be altered to be with a long sleeve, with no bare ankles or wrists.
She is already asking for more pieces in addition to the 61 ordered, which is a mix of AW12 and SS11.

In addition to this, Carl has had a great season, his sales are extraordinarily 80% up post his debut Fashion Week show last year. His made-to-measure has definitely made him a favourite go-to and is his greatest point of difference - particularly against the onslaught of online stores.
Attached are the lookbook imagery, the following have already been published on Pages Digital.

Let me know of anything else you need,

Holly”

Is Rosmah Mansor lying re Spending Spree

All of you would already know about Rosmah Mansor’s alleged spending spree in Australia where it was alleged she spend some estimated AUD100,000 (RM325,000) on dresses from Carl Kapp’s exclusive designer label clothing and her denials plus claims that most of those dresses were meant for the IFF (Islamic Festival Festival) by IFF founder and chairman Raja Rezza Shah that clothing bought at a designer boutique in Sydney, Australia were for his London store, not for the Prime Minister's wife Datin Seri Rosmah Mansor.

Now all have us have heard that bare face liar Liew Tiong Lay’s denial that tear gas canisters were fired into the Tung Shin Hospital plus many other false denials by UMNO/BN and connected figures.

Now regarding whether Rosmah told the truth or lied you make the decision yourself but do read Malaysiakini’s report Rosmah spree: Blogger discloses email exchanges courtesy of Malaysiakini below did or did not lie:

Rosmah spree: Blogger discloses email exchanges

4:03PM Feb 1, 2012

Fashion journalist Patty Huntington has disclosed email exchanges to attest to her report about Prime Minister Najib Razak’s wife Rosmah Mansor’s expenses on exclusive designer label clothing in Sydney, Australia.
For the first time today, Huntington (right), in a lengthy write-up on herFrockwriter blog, annotated every detail on what transpired between her and designer Carl Kapp as well as his publicist, Little Hero, before the matter was picked up by The Sydney Morning Herald (SMH) on Jan 21.
Huntington said that she was pitched the story on Jan 16 by Little Hero’s staff member Holly Beer, who sent an email to the blogger on Rosmah’s purchase of 61 items from the Carl Kapp Shop.
Following up the matter, Huntington verified the premier’s visit during New Year’s eve by contacting the Malaysian High Commission and The Darling hotel, which is part of The Star casino complex in Sydney, after which she spoke to Kapp, who spoke on the 61 items purchased.
After the issue hit the local media last week, Kapp, in a statement to Malaysiakini, said the prime minister’s wife and her entourage, including Islamic Fashion Festival chairperson Raja Rezza Shah, had visited his shop and had made various separate purchases.
“In a nutshell, Kapp now claims that Rosmah Mansor came to his store not to make a large personal order of clothes for herself, but in some kind of philanthropic capacity as patron of the IFF.
“Any spending was spread evenly across the various members of her entourage, which included the head of the IFF. Who happens to be a man.

"Kapp - who only makes women’s wear - is now saying that he is definitely not being flown to Kuala Lumpur next month at Rosmah Mansor’s expense for a second round of fittings or any other nebulous purpose connected to the alleged purchase of his clothes by any number of visiting dignitaries.
“Adding, words to the effect, that he is in and out of Malaysia so many times throughout the year on business, Kuala Lumpur is practically his second home.

"And finally, Kapp implies that he has absolutely no idea how the highly sensitive information about this distinguished visit got out,” said Huntington.
The South African-born designer was responding to queries following a report that estimated Rosmah could have spent up to A$100,000 (RM323,000) at his store.
Coming to Rosmah’s defence
Raja Rezza came to Rosmah’s defence yesterday, saying that the 61 pieces purchased at Kapp’s boutique in Paddington in Sydney, were actually “stock” for his shop in London.
Huntington, however, contested Kapp’s assertion that the purchases were made by a “sizeable group”, backing this up by stating that neither Little Hero, in three emails, nor Kapp, in a 15-minute interview, had stated that any purchases or orders were made by anyone other than Rosmah.
“In fact both Little Hero and Kapp explicitly said that the orders were for Rosmah. Rosmah is not one of Kapp’s standard sizes, he told me. Kapp added that he makes to a size 14 off the rack, but to 18-20 in made to measure - which accounts for 50 percent of his business, he said.
“Additionally, all of the garments for Rosmah were in need of special customisation such as extended hemlines or long sleeves, with at least one dress due to be converted into a coat.
“Kapp said he took the client’s measurements, so as to be able to tailor the garments to her needs. He told me on the record, ‘It started out at the shop, but there was so much that she wanted, so I suggested that I prepare a presentation... She followed me into the studio and started pointing at fabrics’,” said Huntington.
The orders were processed and Kapp was paid upfront, said Huntington, stressing that neither Beer nor Kapp had made any mention of IFF or the London boutique in their press statements.
She also cornered Little Hero, who claimed that the reports had given the impression that Kapp’s establishment “is indiscreet, willing to divulge personal and private information about clients”.
Reproducing the emails related to the purchases, dated Jan 16 onwards, Huntington pointed out that it was nowhere stated that the material was off-the-record nor was there a privacy disclaimer at the end of the emails.
“I do not make a habit of publishing anyone’s emails, but am willing to make an exception in this case as I feel there is a genuine effort here to mislead the public,” she stressed.
‘He didn’t think anyone would do the math’
She also beat down Kapp’s bid to free himself of blame, saying that the latter and the publicist “volunteered, on the record - unsolicited - the unit size of the order. Sixty-one pieces. And apparently didn’t think anyone would do the math”.
“I write about fashion from a business perspective for a variety of publications, including US fashion trade paper WWD. I am frequently required to include industry-sourced information and sales estimates in stories.
“On Jan 16, I asked Little Hero for Kapp’s off-the-rack price range. In a third email that day, they informed me: A$295 for a silk T-shirt, A$330 for a boob tube, with short dresses starting at A$795 and reaching A$1,100, A$2,420 and A$2,970 for the longer styles.
“Overlooking for a moment the obvious facts that Rosmah did not order any short dresses, short-sleeved T-shirts or strapless boob tubes and that the entire order was made-to-measure, if the order was indeed 61 units, as claimed by Little Hero and Kapp (right), the absolute cheapest it could possibly have been was A$17,995 (A$295 x 61).
“And the absolute priciest: A$181,170 (A$2,970 x 61). Average it out and you don’t get much change out of A$100,000 - which is what I reported the order ‘could be approaching’,” said Huntington.
Passing the buck back to Kapp, she asked if the purpose was to be discreet, why mention the size of the order to Frockwriter and SMH.
“If (Little Hero director, Rae) Begley and Kapp had any concerns about the information in the story, it’s curious that neither sought an immediate clarification. They did not.
“On the contrary, Kapp sent me an SMS at 18.35 that day (Jan 17) saying ‘Thanks for the brilliant write-up!’,” said Huntington.

How votes are bought in Malaysia and the polling booth orientation

During my training as a polling and counting agent for the 2008 elections, my trainer explained to me how votes are bought by the corrupt UMNO/BN.

It all starts with a voter going in to the polling station with a pre-marked fake polling ballot in favor of UMNO/BN candidate hidden in his pocket and putting that pre-marked voting slip into the ballot box, then taking out the unmarked voting slip out of the polling station. However, first I will explain how the much much earlier orientation of the privacy shield at the polling booth makes cheating very difficult.

Earlier orientation of privacy shield at polling booth which makes buying of votes difficult

It seemed some time in the past, the privacy shield was orientated away from the polling agent and so when the voter is at the polling booth, his back is facing the polling agent. See Figure 1 below (click to enlarge):

Figure 1: Earlier layout of privacy shield and polling station which made bying of votes difficult

So it seems that polling agents will be able to observe the back of the voter at the polling booth and while no person other than the voter himself will be able to see him marking the ballot slip, he will be unable to take out the pre-marked voting slip from his pocket and hide the real unmarked polling slip in his pocket without being observed, put the fake pre-marked ballot slip into the ballot box and take the unmarked genuine polling slip out of the polling station.

Orientation of privacy shield to facilitate cheating

In the 2008 and prior general elections, the privacy shield was deliberately reoriented to face the polling agents and the voter's back is facing away from the polling agents can see only the legs of the voter while the backside and upper body is hidden from the view of the polling agents (see figure below, click to enlarge):

Figure 2: Orientation of privacy shield 2008 and "prior" which enables cheating

Thus to start off, a cooperating voter is given a fake pre-marked (in favor of BN) polling slip to hide in his pocket, walks into the polling station and is given a genuine polling slip, take the slip to the polling booth and now his back is facing away from polling agents and only his legs are visible.

He hides the unmarked genuine polling slip into his pocket unseen by the agents, take the pre-marked false ballot slip and put it into the ballot box and walks out of the polling station unhindered.

At a secret location the first voter exchanged the unmarked genuine polling slip for a pre-arranged sum of money.

The genuine polling slip is pre-marked in favor of UMNO/BN and is given to the next voter with instruction to put that into the ballot box and take out the unmarked ballot slip in order to collect his loot.

The second bought voter goes in and is given a genuine unmarked polling slip, goes to the polling booth and again hide the unmarked polling slip in his pocket unseen, goes to the ballot box, puts in the pre-marked slip and walks out of the polling station with the unmarked polling slip (genuine) undetected.

Again at the secret location, he exchange the unmarked polling slip for money and that unmarked polling slip is pre-marked for the next voter and the whole process is repeated until the end of polling.

Thus in this way the person/party who wants to buy votes ensure that the bought voter actually vote for the selected candidate.

The "new" orientation of the privacy shield as shown in NST

I saw the new arrangement of the polling station in New Straits Times and it is shown with the original orientation of the privacy shield facing away from the polling agents with the whole of the back of the voter visible to the polling agents which must be enforced at all cost. This is as it should be and and was the orientation used in the distant past (see figure below):

Previous and "new" layout of polling booth and polling station

Actually, the diagram in NST may be slightly different from the above which is reproduced from memory, but the essential relation of the polling agents, the voter and the privacy shield is as shown. That diagram I believe is given by the Election Commission. If anyone has that diagram given by the Election Commission anywhere on the web, hope you can leave the URL in a comment below.

Thus I hope those doing the training for the upcoming 13^th General Election should inform the potential polling agents and all polling agents must ensure that this orientation of the privacy shield is adhered to.

Please spread this information to as many people as you can to reduce buying of votes.