Friday, 30 July 2010

Former MCA president is charged in court.


Tun Ling Liong Sik was charged in court yesterday. It sent shocks to the MCA. MCA must now feel betrayed. After all Ling Liong Sik was one of us- us being one of those important leaders of the BN in those halcyon days.
Indeed, Ling Liong Sik was PM of Malaysia for a few hours when Tun M was party-less for that few hours when old UMNO was deregistered and a new UMNO was being formed. What if Ling Liong Sik did say at that time- go and fly kite. Saya PM sekarang. You orang keluar BN.
So, personally for Ling Liong Sik- he must have felt betrayed the most.
There was one piece of news however that attracted my attention. It is this:-
According to the charge sheet, the Finance Ministry had already valued the land at RM25psf - inclusive of compounded interest - and this fact was withheld from the cabinet by the accused.
I am not sure how a cabinet meeting is conducted. Usually in an EXCO meeting for example, all papers would be prepared by the secretary to that meeting. For a Dewan Undangan Negeri, by the setiausaha MMK –secretary to the EXCO usually a PTD officer. I am thinking, the principle must be the same- files and papers prepared by the cabinet secretary.
That being the case, a copy of the file note containing the valuation price of the land must be in all the files. Unless, the file for the PKFZ topic for that day was prepared by Ling Liong Sik alone and that the only information for decision that fateful day, came from Ling Liong Sik alone. That would be highly unusual.
Unusual because at all material time, the Finance Minister at that time, had in his possession all information about the land to be bought by PKFZ. He would make this information available to all cabinet members at that meeting. Or in preceding meetings.  He would have spotted the blatant discrepancy unless he went along with Liong Sik. Other alerted meeting members would too.
All cabinet members present at that meeting at that time would now have to discover that particular document provided by whoever it was at that time, from his/her own personal files, and produce them in court. So  all you SUSK- prepare to look for the file of that meeting for your minister.
This means everyone at that meeting on the day Ling Liong Sik presented his notes would have to appear before court to testify. Now everyone will stab Ling Liong Sik.
If the only paper informing the value of the land came from Ling Liong Sik, then everyone was deceived. Or everyone agreed in unison with the facts presented by Ling Liong Sik. It would be interesting also to know, whether the Minister of Finance then, who had the real information went along with Ling. Or did he object?
If the entire cabinet agreed with ling despite having the real facts, then the entire cabinet is vicariously liable.
Ling Liong Sik is now feeling, most betrayed. Or- there is no honour among thieving friends.

26 comments:

  1. Would he be charged had he been an UMNO cabinet Minister?

    Aren't there UMNO minsiter are are equally guilty of corruption?

    Or is this a main wayang?

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  2. this case wont go anywhere. It is a wayang to deceive the rakyat to win GE13.

    Just like Kasitah Gadam and Eric Chia, it will be thrown out for 'kurang bukti' just like RAZAK BAGINDA. If a murder man can escape, a case like this is kacang puteh....

    However, Samy Vellu yesterday nite must have some sleepless nite or some nightmare with him wearing Jail uniform and counting the rebars inside one by one...

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  3. wayang kulit.

    Now we have to find a mechanism how to REFORMAT our Malaysian, the whole system, but don't forget to do BACKUP.

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  4. Dato'
    Whatever being said now, wayang kulit or not but very much agree with you that how LLS felt of being betrayed and you find PM ran off on the day he was charged.
    See whether MCA has got balls or not and let it be reminded to everyone how dirty is politic and how much can you trust a politician.
    For his/her survival, they will do anything!!! May GOD bless you sir.

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  5. Dato'
    Very pertinent, Isn't valuation by MOF presented to cabinet by the Minister of Finance. Why was Tun Ling's words accepted then. No questions asked by the cabinet members?
    The whole things stinks of a scam by more than just Tun Ling.

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  6. Ain't it a testament of the times we live in here in Malaysia?

    Nobody believes this BN government will neither be willing nor able to get a conviction of Ling.

    Everyone I know already has the feeling that he will be acquitted without his defense being called.

    Or, do you wanna put up a friendly wager?

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  7. I can't wait to see the ending of this soap opera...although the outcome is predictable.

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  8. Tan Koon Swan and Idris Harun went to jail. Things only got worst after that. This charge of 'misleading cabinet' is hard to proof, even if found guilty will not carry a heavy sentence, do not change Anything.

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  9. Najib's overseas trip has something to do with this?

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  10. The Sarawak CM sapu one whole state's wealth.
    Najib made millions in arms purchase. Muhyiddin made millions when he was Johore MB.
    And there are many more rags to riches story of UMNO leaders who made their millions through corruption.

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  11. Damning disclosure
    6 May 2009
    The Sun

    The independent audit report on the Port Klang Free Zone (PKFZ) which is expected to be released this week is a damning disclosure of mismanagement, clandestine deals, conflicts of interest and a total disregard for transparency and accountability for a project which was supposed to cost RM1.845 billion but ended up at RM4.6 billion.

    Sources told theSun that among the findings of PricewaterhouseCoopers (PWC) are that:

    » No proper studies were undertaken before embarking on the project;

    » Major decisions on the project were made without prior approval of the Port Klang Authority (PKA) board;

    » The PKA chairman and general manager entered into agreements without seeking the advice of the relevant government authorities;

    » There was a failure to exercise adequate governance and implement checks and balances in the implementation of the project.

    PWC was commissioned by PKA to probe the troubled project a year ago following an expose by theSun in 2007.

    The audit report also detailed a series of conflict of interest situations:

    » Sementa assemblyman Datuk Abdul Rahman Palil was both the Pulau Lumut Development Co-operative (KPPL) chairman and a PKA director in 2002 when the land for PKFZ was sold by KPPL to PKA;

    » Rashid Asari & Co, the legal firm retained by PKA, was also the same firm overseeing the inking of the sales and purchase agreement between KPPL and turnkey contractor Kuala Dimensi Sdn Bhd (KDSB).

    A point to note is that its senior partner, Datuk Abdul Rashid Asari, was the deputy chief of Umno’s Kapar division, where Tan Sri Onn Ismail is an exco member.

    Onn was the KPPL chairman and his son-in-law Faizal Abdullah, the then Kapar Umno division youth chief, is also the deputy CEO of Wijaya Baru Global Bhd (WBGB), the firm appointed by KDSB as the main subcontractor;

    » Perunding BE Sdn Bhd, appointed by PKA as the independent quantity surveyor for PKFZ, was also a quantity surveyor for KDSB;

    » PKA’s board of directors were not advised that the chairman of the PKA at one time was also the deputy chairman of WBGB;

    » KDSB directors Omar Latip and Idris Mat Jani are also directors and shareholders of WBGB.

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  12. 2/2..

    One contributory aspect to the PKFZ mess, the sources added, was that several Finance Ministry regulations on transparent accounting practices were not complied with and that the advice of the attorney-general (A-G) was not sought.

    “The agreement between PKA and KDSB was not even vetted by the A-G,” said one source.

    The A-G had suggested the government acquire the 404ha for the development of the free zone instead of purchasing it from KDSB at an inflated rate of RM25 per sq foot, although KDSB had purchased the land from KPPL for only RM3 per sq foot.

    The source goes on to reveal KDSB’s questionable conduct by overcharging PKA in interests of up to RM300 million, while hidden costs amounting to RM100 million were not revealed to PKA, hence the purchase price of over RM1 billion.

    “There was an absence of competitive open tenders with KDSB being awarded the contract to develop the free zone even before the master plan for PKFZ was completed,” said the source, adding that the audit report showed that contracts were entered into merely on estimation of the projected costs.

    The report, it is said, also specifies that while the intention of setting up the free zone was to transform Port Klang into a regional trans-shipment hub, cost escalations, poor governance by PKA coupled with weak project management had undermined the viability of PKFZ as well as PKA’s financial obligations where its reserves of RM500 million have been all but wiped out. “If all these bases were covered, then PKFZ would have been a goldmine,” said another source.

    The audit report also paints a troubling picture of officials in the Transport Ministry, noting that so-called letters of support signed by a former minister for the issuance of the bonds could be construed as a guarantee and that PKA would have to meet its financial obligations under such an arrangement.

    Instead of complying with the Treasury’s recommendations of issuing government bonds and developing the project in phases, thereby benefitting from lower coupon rates, PKA decided to develop the free zone in one go, having to pay double the rate, estimated at about 8%.

    Hence, there are concerns the project cost could balloon further. It is learnt that the report also noted that PKFZ only enjoys an occupancy rate of 16% to 19%.

    “However, one is confident that with the new team at the helm the project is salvageable,” said another source, attributing the disclosure of the PKFZ fiasco to efforts by Transport Minster Datuk Seri Ong Tee Keat and the “clean-up crew” of PKA chairman Datuk Lee Hwa Beng and PKFZ general manager Lim Thean Shiang, who took over from Datin Paduka O.C. Phang last year.

    It is learnt that Lim briefed government backbenchers on the audit report yesterday. An MP, when contacted, said the closed-door briefing was meant to keep them abreast of the issues before the audit becomes public.

    Ironically, current Backbenchers’ Club chairman, Bintulu MP Datuk Seri Tiong King Sing holds a controlling stake in KDSB.

    Former Umno treasurer Datuk Abdul Azim Zabidi is also a director of KDSB."

    end-

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  13. Agree fully with schenker78. This is just for show so that LLS can't be charged by the next government should the present government fell. it is better to be charged by a friendly government where everything is still Boleh di atur. I won't be surprised if they will be charging Semi Value too so that both can get over with it before the next GE.
    Pak Tua

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  14. LLS has got away with too many shenanigans over the years. It's about time he was charged with something. Remember:

    1. The time his son,a 22-year old something Horticultural Grad bought 11 Public Limited Companies in M'sia like Proment, Wembley Clay, Innovest etc.for $2 billion which all went sour and many investors lost hundreds of millions if not billions?

    2. Soh Wee Chen accused him of revealing OSA documents to an Italian who confirmed it?

    3. His resignation as Chairman of Transmile Plc (adfter massive accounting fraud) in 2009 without any query from the SC resulting now in Pos M'sia having to write off $500 million and postage stamps going up 100% from 30 cents to 60 cents from 1st July 2010?

    Next stop, Samy Velu, the Diam Diam fellow and then that Indian fellow - big Swamiji Maha Guru himself!!

    dpp
    we are all of 1 race, the Human Race

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  15. Salam Sakmongkol AK47,
    The Attorney General should had prepared all necessary papers 100% before charging Tun ling liong Sik, otherwise Ghani Patail not dare to charge. In Court, Tun Ling Liong Sik will defense himself...people also want to know the true story..Let the Malaysian Legal system do the process. So don't be sentimental and nostalgic here regarding justice!

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  16. Much as I like to see this fish head rot in jail, I cannot see how the charges can be made to stick. I agree with Dato Sak.

    Why is MACC not making a move against the mastermind and perpetrator of the scheme - that Tiong King Sing. Why is he getting away? There are sufficient evidence to send him away for a long time.

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  17. Same old script with acquittal on the horizon.

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  18. wzwh

    you tahu kah makna sentimental? i am merely asking related questions. no question of preparing the charge sheet properly. you ni cakap macam tak tahu how things work.
    semoga u ganti wan mizan

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  19. Dato'

    Senang aje.
    Lu tolong gua, gua tolong lu.
    Lu tikam gua, gua tikam lu!

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  20. Salam Dato',

    I was surprised that I actually felt sad on learning that the VIP that everyone was waiting for was none other than Tun LLS.

    Most people I talked to said that this is another wayang kulit. Hopefully this won't be the PM's legacy.

    Most people think that it will go the way Eric Chia & PERWAJA did. The Chief Justice has set KPI for the lower courts. I was told that the time frame for full disposal of commercial cases is 9 mths. Anyone know what's the time frame for criminal cases?

    Most people following PKFZ are also asking what happen to Tiong.

    -MAKORANG-

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  21. This is a ploy to hoodwink the rakyat. Even the PAC was surprised that DrLing was hauled up instead of ChanKChoy & OC Phang ! Which begs the question why so?

    The modus operandi is thus - better to silence the critics once and for all by charging the kepala ikan for all to see. After this Dr.Ling will go scot free in Malaysia's kangaroo courts and the matter is thus closed. Dr.Ling would be proven innocent legally, the corrupted will be let off the hook, the cronies still get their monies and the best thing is that the real criminals will walk free.

    A small sacrifice to hoodwink the rakyat by showing that the gomen is impartial while at the same time give legality to put an end to this fiasco.

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  22. banyak lagi VIP, bila nak 'charge' mereka ???

    Najib+Rosmah+Razak baginda = RM500 juta commission kapal selam !!

    Khir Toyol = RM24juta Istana Toyo

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  23. *Cough.Cough*

    Mana itu Brahi Ali? Minum itu Kopi Perkasa Pribumi Ka?

    Apsal dia tak mau jadi Hero Sekalang?

    Manyak Senyap itu kelantan punya olang.

    -Ikan Tongkol-

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  24. Schenker78, you took the words out of my mouth. Yeah! This case ain't going anywhere because it's just aligned for the coming elections that is to deceive the UMNO members and also the BN Red Indians. These chiefs of the BN are still in a illusion thinking that the Red Indians (BN members ) are still behind them. They maybe 'sitting bull's' or chief 'fly wings' or whatever names derived from the Red Indians descendent's.
    Good example is Kasitah Gadam. Sammy need not fear, they will never touch him knowing very well that Indians never keep secret and they will drag all the dirt with them to the courts. kah kah kah.
    If LING is at fault what about the Prime Minister cum Finance Minister. Was he asleep. Charge Mahadey and we will see the fun. A govt servant wishing to buy a house through govt loan goes through hell to get his application approved and how come the Minister of Finance, then was Mahadey didn't object. So, its true, the saying by the Prime Minister, 'Lu tolong saya, saya tolong lu'. This is the motto of UMNO/BN. Can't wait for New Elections. All UMNO/BN goons are dead meat. Vote Pakatan.

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  25. I think you need to amend the article a little bit. Factually, Tun Dr Ling Liong Sik was never the Prime Minister of Malaysia even for a second.

    He assumed the position - Chairman - of Barisan Nasional when UMNO was delisted and went through the process of registering a new UMNO Baru party.

    The position as Prime Minister of Malaysia is based on the support of the majority of elected representatives in Parliament and with the consent of the King.

    So, Tun Dr Ling was never the Prime Minister as there wasn't a vote in Parliament and neither was there a ceremony at the Istana for the appointment as PM by the King.

    He was, however, the Chairman of BN for two weeks if I am not mistaken. But that's about it.

    Alright. Good article, otherwise.

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