Six accused of abducting Chinese national with four others at large
SEPANG: A married couple and four others have been charged with kidnapping a Chinese national last month and demanding a ransom of USDT1mil (RM4.44mil) in cryptocurrency.
Chen Jun Hiong, 28; Law Han Wei, 28; Dhinnesh Tan Kin Yuan, 29; Jong Li Jiat, 25; and husband and wife Loh Wei Jian and Wong Xiao Yen, both 29; pleaded not guilty to the charges before Sessions Court judge Amir Affendy Hamzah here yesterday.
According to the charge sheet, the six, along with four other individuals still at large, are accused of wrongfully detaining the Chinese man for a ransom amounting to USDT1,007,696.
USDT is the symbol for Tether, a cryptocurrency that is pegged to the US dollar.
The offence was allegedly committed at the Cyberjaya exit of the Maju Expressway (MEX) on July 11 at about 11am.
The charges under Section 3 (1) of the Kidnapping Act 1961, read together with Section 34 of the Penal Code, provide for a minimum prison sentence of 30 years or a maximum of 40 years and caning, if convicted.
The prosecution was handled by deputy public prosecutor Mohamed Wafi Husain while the accused were represented by counsels G. Freda Sabapathy (Chen), Mohd Zali Shaari (Law), Nur Aminahtul Mardiah Md Nor (Tan), P. Haresh (Jong) and Bernard Francis (Loh and Wong), Bernama reported.During the proceedings, Mohamed Wafi did not propose any bail as the offence is non- bailable.
However, each defence counsel requested bail for their client, which the court rejected.
“After considering all arguments and the nature of the charges, the court has decided that bail will not be granted,” the judge said, setting Oct 8 for the submission of documents.
Earlier this week, it was reported that police are still tracking down four more suspects believed to have been involved in the kidnapping near the MEX toll plaza, Cyberjaya, on July 11.
Selangor police chief Datuk Hussein Omar Khan confirmed that the four suspects – three men and a woman – were part of an 18-member gang responsible for planning and executing the kidnapping.
They are believed to still be in the country.
On Aug 3, police shot and killed four suspects in a shootout in Skudai, Johor. The suspects were also believed to be involved in the kidnapping case.
PETALING JAYA: Anonymity, speed and global accessibility are some of the reasons why cybercriminals prefer to demand ransom to be paid in cryptocurrency, say criminologists.
Financial forensics expert Raymon Ram said unlike traditional financial systems, cryptocurrency transactions can occur without intermediaries.
“The irreversible nature of these transactions ensures that once the ransom is paid, victims cannot recover the funds, offering criminals a level of security,” he added.
Raymon also said that by using digital currency, criminals such as kidnappers could easily launder the ransom money by leveraging on the pseudo-anonymity and decentralised nature of cryptocurrency systems.
“After receiving the ransom, typically in popular cryptocurrencies like Bitcoin or stablecoins like USDT, criminals often employ tactics such as mixing services and chain-hopping.
“Mixing services obscure the transaction trail by blending the ransom with other funds, while chain-hopping involves converting the cryptocurrency across different platforms and coins, making it harder to trace.”
Raymon said enforcing strict identity verification and transaction monitoring can make it harder for criminals to launder their illicit gains.
Criminologist Datuk Seri Dr Akhbar Satar agreed, saying that using cryptocurrency as ransom has been some criminals’ modus operandi as it would be harder for authorities to trace them.
Akhbar, who is also Malaysian Association of Certified Fraud Examiners president, said that the recently gazetted Cyber Security Act 2024 would also help in enhancing resilience against emerging threats involving cryptocurrency.ttps://dai.ly/x942lqg
Arrest linked to illegal operation of carbon filter factory in Bukit Mertajam
For 10 years, a factory has been illegally burning sawdust to produce carbon for filters, forcing villagers and schoolchildren in parts of Bukit Mertajam to breathe dust-laden smoke every day. The matter has now flared up with the arrest of Penang exco man Phee Boon Poh and two of the factory’s directors by the MACC. All three are set to be remanded today.
GEORGE TOWN: An illegal carbon filter processing factory has become a burning issue in Penang with the arrest of state executive councillor Phee Boon Poh and two factory directors by graft-busters from the Malaysian Anti-Corruption Commission (MACC).
All three are expected to be remanded today.
The factory in Kampung Sungai Lembu in Bukit Mertajam was in the news on Wednesday when MACC officers raided its premises and seized several documents.
Yesterday, a team of five MACC officers raided Phee’s office at Level 53 in Komtar at about 11.30am and took away more documents.
Phee, who chairs the state Welfare, Caring Society and Environment Committee, was asked to report to the Penang MACC headquarters in Jalan Sultan Ahmad Shah. He was arrested at 3.30pm when he turned up at the MACC building.
MACC deputy chief commissioner (operations) Datuk Azam Baki said Phee was detained under Section 23 of the MACC Act for abuse of power.
The section provides for a jail term of up to 20 years and a fine of up to five times the value of the bribe or RM10,000, whichever is higher.
The 66-year-old Phee was brought back to his house in Butterworth at about 5pm in his car and escorted by two MACC vehicles. It is learnt that he packed some personal belongings from his house before leaving for the state MACC headquarters at 7.05pm.
The MACC also arrested a 70-year-old man and his 37-year-old son, the manager and director of the factory, at 6.05pm and 6.35pm respectively.
The two were summoned to the state MACC headquarters to give their statements before they were detained.
Lawyer R.S.N. Rayer, who accompanied Phee to the Penang MACC headquarters, said the exco man was asked to meet MACC officers after 2pm.
“I was informed that they (MACC officers) went to his office and took some documents including letters that he wrote. They wanted to record his statement regarding the documents.
“He gave his full cooperation and presented himself at the MACC office. I am surprised that he was arrested,” he said before leaving the state MACC building at about 4.30pm.
Earlier, the five MACC officers spent more than an hour in Phee’s office.
Shortly after they left, Phee and four assistants walked out of the office.
Phee declined to comment on the raid.
He is the second member of the current Penang state administration to be arrested by the MACC.
Chief Minister Lim Guan Eng was arrested in June last year over the purchase of a RM2.8mil bungalow in Pinhorn Road.
He was subsequently charged with using his position as the Chief Minister of Penang to gain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the application for conversion of agriculture land to a public housing zone in south-west Penang to the company, Magnificient Emblem Sdn Bhd.
He allegedly committed the offence while chairing the Penang State Planning Committee meeting at the operations room in the Komtar building on July 18, 2014.
The charge under Section 23 of the MACC Act 2009 provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction.
Lim faces a second charge of using his position to obtain a plot of land and a bungalow located at No 25 Jalan Pinhorn, George Town, on July 28, 2015, from businesswoman Phang Li Koon for RM2.8mil, a price which he allegedly knew did not commensurate with the property’s market value at the time of RM4.27mil.
The charge, under Section 165 of the Penal Code, provides for a jail term of up to two years or a fine, or both, upon conviction.
Late last night, Lim was among several DAP leaders and members who turned up outside the state MACC headquarters to stage a candlelight vigil in support of Phee.
Source: The Star by crystal chiam shiying, chong kah yuan, lo tern chern, andlogeiswary thevadass
10 years of smoke in the eyes for villagers
BUKIT MERTAJAM: For about 10 years now, the villagers of Kampung Sungai Lembu have been forced to breathe air laden with pollutants. Children going to school at SJK(C) Kampung Sungai Lembu also have had to put up with the thick dust.
The air is thick with a burning smell from the processing activities at an illegal carbon filter processing factory, just 1km away from the school.
The 5,000sq-m factory, about the size of a football field, has piles upon piles of sawdust, much of it burning in deep pits.
The tall chimneys spout white pollutant-filled smoke into the air which is carried to the nearby villages by the slight breeze.
A source from the Department of Environment revealed that the factory also did not have an air pollution control system.
Kampung Sungai Lembu Development and Security Committee chairman Tan Sing Lee, 58, said the factory also carried out open burning of sawdust to produce carbon.
“Every time the wind blows our way especially in December, the air is polluted. At night, the air is foggy and villagers complain about the smell,” he said.
“We reported the matter to Penanti assemblyman Dr Norlela Ariffin but no action was taken in the past two years,” he said.
The factory is also situated inside an oil palm estate, on land designated for agriculture.
Tan claimed a man in his 30s died in 2015 after he fell into one of the pits while filling it with sawdust.
A check by The Star at the factory yesterday found 20 pits, each measuring about 3m across. The pits were filled with burning sawdust and there was smoke everywhere. The sawdust is burnt to produce carbon which is then used in filters.
Permatang Pauh Umno chief Datuk Mohd Zaidi Mohd Said claimed there may have been people involved in covering up the issue before the raid on the factory by the Malaysian Anti-Corruption Commission (MACC) on Thursday.
“Several reports have been lodged against the factory.
It is impossible for the Seberang Prai Municipal Council to not be aware of it,” he said during a press conference in Kampung Sungai Lembu.
Also present was Parti Cinta Malaysia deputy president Datuk Huan Cheng Guan.
PKR rep Norlela glad over action against illegal factory
BUKIT MERTAJAM: Penanti’s PKR assemblyman Dr Norlela Ariffin (pic) is pleased that action is finally being taken by the MACC over an illegal factory in Kampung Sungai Lembu.
Dr Norlela said she raised the issue of the carbon filter processing factory more than two years ago. “The villagers told me about their concerns in February 2015. I raised the matter at the state assembly sitting but no action was taken for two years,” she said.
It was in November that Dr Norlela broke down and sobbed uncontrollably at the assembly, claiming the state government had failed to respond to her queries.
She lamented then that she had complained of many woes like illegal factories, frequent flooding and the lack of infrastructure like roads and proper jetties for fishermen.
“Early this year, before the state assembly sitting, villagers handed me an 18-page petition, appealing for the factory to be closed as they claimed it was affecting their health.
“It was also found that the factory was not operating according to guidelines,” she said yesterday.
In May, her allocation was withheld after she did not show up at the Yang di-Pertua Negri’s swearing-in ceremony.
Earlier this month, she complained that funds collected for flood mitigation had not been used to help her constituents.
“In Penanti alone, there are nine flood-prone areas that could greatly benefit from these funds,” she reportedly said, citing the Auditor General’s Report 2016 Series 1 which revealed that the Seberang Prai Municipal Council had only used RM2.2mil of RM63.39mil collected from 2008 to June 2016.
Dr Norlela is among several assemblymen who have been at loggerheads with the state leadership, often criticising it for not carrying out its duties or for not caring about the environment,
Last month, she praised the Sungai Buloh-Kajang MRT project and took a swipe at the Penang Transport Master Plan by comparing the construction cost of both projects in a video she posted on social media.
DAP's lone ranger faces his biggest test
GEORGE TOWN: Two-term Penang executive councillor Phee Boon Poh, 66, gained fame as a vocal opposition leader when he took on 38 Barisan Nasional representatives in the state assembly when he was the sole DAP assemblyman from 2004 until 2008.
Despite being overwhelmed, the “lone ranger” raised many issues.
Although PAS was represented by Mohd Hamdan Abdul Rahman, it was Phee who questioned the policies of the state administration headed by Tan Sri Dr Koh Tsu Koon.
Phee began his political career by winning the Bagan Jermal state seat in 1990, only to lose it to Barisan’s Tan Sri Dr Sak Cheng Lum in 1995.
In 1999, he contested the Sungai Puyu seat but lost to Barisan’s Loo Ah Dee. In 2004, he wrested it from Loo with a 607-vote majority.
In 2008, he retained his state seat with a 9,201-vote majority and was appointed state Welfare and Caring Society chairman.
He later took over the environment portfolio from state exco member Chow Kon Yeow.
In the 2013 general election, he beat MCA’s Sum Yoo Keong by 16,207 votes.
Phee is a distant relative of businesswoman Phang Li Koon, who has been charged with abetment in the two corruption cases against Chief Minister Lim Guan Eng.
MACC probes Phee’s letters - Directing council to 'stay away' under investigation
Phee Boon Poh mobbed by the media after he was remanded in George Town. — ZAINUDIN AHAD and ZHAFARAN NASIB/The Star
PENANG: The Malaysian Anti-Corruption Commission (MACC) is investigating two letters, which appear to have originated from state executive councillor Phee Boon Poh, asking that no action be taken against an illegal factory.
The letters, written in 2015 and 2016, directed the Seberang Prai Municipal Council from shutting down the carbon filter-processing factory which had been operating illegally for the past 10 years.
The MACC is also investigating whether Phee or his officials had authorised the letters telling the council to back off.
As Phee and two of the company’s directors were remanded yesterday, the MACC is expected to call up a DAP state assemblyman for questioning.
The MACC is believed to be investigating the role of this state assemblyman in the case.
It is understood that MACC is also probing the relationship between Phee and the factory owners.
It wants to find out how the factory could operate openly despite complaints from the villagers nearby.
“The illegal factory is on an agro-based land. (We want to know) why it has been able to operate without any action (taken against it),” a source told Sunday Star.
Too close for comfort: The illegal carbon filter-processing factory still operating and its proximity to Kampung Sungai Lembu and surrounding areas near Bukit Mertajam.
When contacted, MACC deputy chief commissioner (operations) Datuk Azam Baki said the anti-graft body will carry out a thorough probe and look into all angles.
Azam said investigations will focus on the element of abuse of power.
“We have opened an investigation paper under Section 23 of the MACC Act.
“We will look into whether one of the suspects has given (any form of) protection to the illegal factory to enable it to continue operating the last 10 years,” he said.
He declined to elaborate further as investigations were ongoing.
Sources said anti-graft officers revisited the house of the state exco member in Sungai Puyu on the mainland to look for more evidence to assist in the probe.
It is not immediately known if documents were seized.
The homes and offices of two other suspects will also be revisited as part of the probe.
More arrests are expected in the coming days as investigations into the case widen.
The Penang government will not protect any of its officials ... Chief Minister Lim Guan Eng says he believes state exco man Phee Boon ... Phee, who is in charge of the welfare, caring society and environment portfolio, was arrested yesterday by the MACC over alleged misuse of power.
Arrest linked to illegal operation of carbon filter factory in Bukit Mertajam
For 10 years, a factory has been illegally burning sawdust to produce carbon for filters, forcing villagers and schoolchildren in parts of Bukit Mertajam to breathe dust-laden smoke every day. The matter has now flared up with the arrest of Penang exco man Phee Boon Poh and two of the factory’s directors by the MACC. All three are set to be remanded today.
GEORGE TOWN: An illegal carbon filter processing factory has become a burning issue in Penang with the arrest of state executive councillor Phee Boon Poh and two factory directors by graft-busters from the Malaysian Anti-Corruption Commission (MACC).
All three are expected to be remanded today.
The factory in Kampung Sungai Lembu in Bukit Mertajam was in the news on Wednesday when MACC officers raided its premises and seized several documents.
Yesterday, a team of five MACC officers raided Phee’s office at Level 53 in Komtar at about 11.30am and took away more documents.
Phee, who chairs the state Welfare, Caring Society and Environment Committee, was asked to report to the Penang MACC headquarters in Jalan Sultan Ahmad Shah. He was arrested at 3.30pm when he turned up at the MACC building.
MACC deputy chief commissioner (operations) Datuk Azam Baki said Phee was detained under Section 23 of the MACC Act for abuse of power.
The section provides for a jail term of up to 20 years and a fine of up to five times the value of the bribe or RM10,000, whichever is higher.
The 66-year-old Phee was brought back to his house in Butterworth at about 5pm in his car and escorted by two MACC vehicles. It is learnt that he packed some personal belongings from his house before leaving for the state MACC headquarters at 7.05pm.
The MACC also arrested a 70-year-old man and his 37-year-old son, the manager and director of the factory, at 6.05pm and 6.35pm respectively.
The two were summoned to the state MACC headquarters to give their statements before they were detained.
Lawyer R.S.N. Rayer, who accompanied Phee to the Penang MACC headquarters, said the exco man was asked to meet MACC officers after 2pm.
“I was informed that they (MACC officers) went to his office and took some documents including letters that he wrote. They wanted to record his statement regarding the documents.
“He gave his full cooperation and presented himself at the MACC office. I am surprised that he was arrested,” he said before leaving the state MACC building at about 4.30pm.
Earlier, the five MACC officers spent more than an hour in Phee’s office.
Shortly after they left, Phee and four assistants walked out of the office.
Phee declined to comment on the raid.
He is the second member of the current Penang state administration to be arrested by the MACC.
Chief Minister Lim Guan Eng was arrested in June last year over the purchase of a RM2.8mil bungalow in Pinhorn Road.
He was subsequently charged with using his position as the Chief Minister of Penang to gain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the application for conversion of agriculture land to a public housing zone in south-west Penang to the company, Magnificient Emblem Sdn Bhd.
He allegedly committed the offence while chairing the Penang State Planning Committee meeting at the operations room in the Komtar building on July 18, 2014.
The charge under Section 23 of the MACC Act 2009 provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction.
Lim faces a second charge of using his position to obtain a plot of land and a bungalow located at No 25 Jalan Pinhorn, George Town, on July 28, 2015, from businesswoman Phang Li Koon for RM2.8mil, a price which he allegedly knew did not commensurate with the property’s market value at the time of RM4.27mil.
The charge, under Section 165 of the Penal Code, provides for a jail term of up to two years or a fine, or both, upon conviction.
Late last night, Lim was among several DAP leaders and members who turned up outside the state MACC headquarters to stage a candlelight vigil in support of Phee.
Source: The Star by crystal chiam shiying, chong kah yuan, lo tern chern, andlogeiswary thevadass
10 years of smoke in the eyes for villagers
BUKIT MERTAJAM: For about 10 years now, the villagers of Kampung Sungai Lembu have been forced to breathe air laden with pollutants. Children going to school at SJK(C) Kampung Sungai Lembu also have had to put up with the thick dust.
The air is thick with a burning smell from the processing activities at an illegal carbon filter processing factory, just 1km away from the school.
The 5,000sq-m factory, about the size of a football field, has piles upon piles of sawdust, much of it burning in deep pits.
The tall chimneys spout white pollutant-filled smoke into the air which is carried to the nearby villages by the slight breeze.
A source from the Department of Environment revealed that the factory also did not have an air pollution control system.
Kampung Sungai Lembu Development and Security Committee chairman Tan Sing Lee, 58, said the factory also carried out open burning of sawdust to produce carbon.
“Every time the wind blows our way especially in December, the air is polluted. At night, the air is foggy and villagers complain about the smell,” he said.
“We reported the matter to Penanti assemblyman Dr Norlela Ariffin but no action was taken in the past two years,” he said.
The factory is also situated inside an oil palm estate, on land designated for agriculture.
Tan claimed a man in his 30s died in 2015 after he fell into one of the pits while filling it with sawdust.
A check by The Star at the factory yesterday found 20 pits, each measuring about 3m across. The pits were filled with burning sawdust and there was smoke everywhere. The sawdust is burnt to produce carbon which is then used in filters.
Permatang Pauh Umno chief Datuk Mohd Zaidi Mohd Said claimed there may have been people involved in covering up the issue before the raid on the factory by the Malaysian Anti-Corruption Commission (MACC) on Thursday.
“Several reports have been lodged against the factory.
It is impossible for the Seberang Prai Municipal Council to not be aware of it,” he said during a press conference in Kampung Sungai Lembu.
Also present was Parti Cinta Malaysia deputy president Datuk Huan Cheng Guan.
PKR rep Norlela glad over action against illegal factory
BUKIT MERTAJAM: Penanti’s PKR assemblyman Dr Norlela Ariffin (pic) is pleased that action is finally being taken by the MACC over an illegal factory in Kampung Sungai Lembu.
Dr Norlela said she raised the issue of the carbon filter processing factory more than two years ago. “The villagers told me about their concerns in February 2015. I raised the matter at the state assembly sitting but no action was taken for two years,” she said.
It was in November that Dr Norlela broke down and sobbed uncontrollably at the assembly, claiming the state government had failed to respond to her queries.
She lamented then that she had complained of many woes like illegal factories, frequent flooding and the lack of infrastructure like roads and proper jetties for fishermen.
“Early this year, before the state assembly sitting, villagers handed me an 18-page petition, appealing for the factory to be closed as they claimed it was affecting their health.
“It was also found that the factory was not operating according to guidelines,” she said yesterday.
In May, her allocation was withheld after she did not show up at the Yang di-Pertua Negri’s swearing-in ceremony.
Earlier this month, she complained that funds collected for flood mitigation had not been used to help her constituents.
“In Penanti alone, there are nine flood-prone areas that could greatly benefit from these funds,” she reportedly said, citing the Auditor General’s Report 2016 Series 1 which revealed that the Seberang Prai Municipal Council had only used RM2.2mil of RM63.39mil collected from 2008 to June 2016.
Dr Norlela is among several assemblymen who have been at loggerheads with the state leadership, often criticising it for not carrying out its duties or for not caring about the environment,
Last month, she praised the Sungai Buloh-Kajang MRT project and took a swipe at the Penang Transport Master Plan by comparing the construction cost of both projects in a video she posted on social media.
DAP's lone ranger faces his biggest test
GEORGE TOWN: Two-term Penang executive councillor Phee Boon Poh, 66, gained fame as a vocal opposition leader when he took on 38 Barisan Nasional representatives in the state assembly when he was the sole DAP assemblyman from 2004 until 2008.
Despite being overwhelmed, the “lone ranger” raised many issues.
Although PAS was represented by Mohd Hamdan Abdul Rahman, it was Phee who questioned the policies of the state administration headed by Tan Sri Dr Koh Tsu Koon.
Phee began his political career by winning the Bagan Jermal state seat in 1990, only to lose it to Barisan’s Tan Sri Dr Sak Cheng Lum in 1995.
In 1999, he contested the Sungai Puyu seat but lost to Barisan’s Loo Ah Dee. In 2004, he wrested it from Loo with a 607-vote majority.
In 2008, he retained his state seat with a 9,201-vote majority and was appointed state Welfare and Caring Society chairman.
He later took over the environment portfolio from state exco member Chow Kon Yeow.
In the 2013 general election, he beat MCA’s Sum Yoo Keong by 16,207 votes.
Phee is a distant relative of businesswoman Phang Li Koon, who has been charged with abetment in the two corruption cases against Chief Minister Lim Guan Eng.
MACC probes Phee’s letters - Directing council to 'stay away' under investigation
Phee Boon Poh mobbed by the media after he was remanded in George Town. — ZAINUDIN AHAD and ZHAFARAN NASIB/The Star
PENANG: The Malaysian Anti-Corruption Commission (MACC) is investigating two letters, which appear to have originated from state executive councillor Phee Boon Poh, asking that no action be taken against an illegal factory.
The letters, written in 2015 and 2016, directed the Seberang Prai Municipal Council from shutting down the carbon filter-processing factory which had been operating illegally for the past 10 years.
The MACC is also investigating whether Phee or his officials had authorised the letters telling the council to back off.
As Phee and two of the company’s directors were remanded yesterday, the MACC is expected to call up a DAP state assemblyman for questioning.
The MACC is believed to be investigating the role of this state assemblyman in the case.
It is understood that MACC is also probing the relationship between Phee and the factory owners.
It wants to find out how the factory could operate openly despite complaints from the villagers nearby.
“The illegal factory is on an agro-based land. (We want to know) why it has been able to operate without any action (taken against it),” a source told Sunday Star.
Too close for comfort: The illegal carbon filter-processing factory still operating and its proximity to Kampung Sungai Lembu and surrounding areas near Bukit Mertajam.
When contacted, MACC deputy chief commissioner (operations) Datuk Azam Baki said the anti-graft body will carry out a thorough probe and look into all angles.
Azam said investigations will focus on the element of abuse of power.
“We have opened an investigation paper under Section 23 of the MACC Act.
“We will look into whether one of the suspects has given (any form of) protection to the illegal factory to enable it to continue operating the last 10 years,” he said.
He declined to elaborate further as investigations were ongoing.
Sources said anti-graft officers revisited the house of the state exco member in Sungai Puyu on the mainland to look for more evidence to assist in the probe.
It is not immediately known if documents were seized.
The homes and offices of two other suspects will also be revisited as part of the probe.
More arrests are expected in the coming days as investigations into the case widen.
The Penang government will not protect any of its officials ... Chief Minister Lim Guan Eng says he believes state exco man Phee Boon ... Phee, who is in charge of the welfare, caring society and environment portfolio, was arrested yesterday by the MACC over alleged misuse of power.
Court of Appeal: Section 62 of MACC Act unconstitutional
PUTRAJAYA: The Court of Appeal has ruled that Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is unconstitutional.
Justice Datuk Umi Kalthum Abdul Majid, who chaired a three-man bench, made the ruling after allowing the appeals by Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon to declare Section 62 as unconstitutional in their corruption cases.
The panel held that Section 62 was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution.
Section 62 requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.
However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while 8(1) states for equal protection under the law.
“We allow the appeals and set aside the order of the High Court,” said Umi Kalthum, who heard the appeals with Datuk Ahmadi Asnawi and Datuk Abdul Rahman Sebli on Monday.
The Court of Appeal granted DPP Datuk Masri Mohd Daud's oral application to stay the proceedings in the Penang High Court pending the prosecution's appeal over the decision.
On March 7 this year, the High Court dismissed Lim and Phang's application after ruling that Section 62 of the MACC Act was constitutional and valid as it did not impede the accused's right to a fair trial.
Lim pleaded not guilty to charges of corruption in relation to the conversion of land from agricultural to residential and the purchase of a plot of land and bungalow at below-market value on June 30 last year.
Lim was charged with using his position as Chief Minister to gain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the application for conversion of agriculture land to a public housing zone in south-west Penang to a company, Magnificient Emblem Sdn Bhd.
He allegedly committed the offence while chairing the Penang State Planning Committee meeting at the operations room, Level 28, Komtar building here, on July 18, 2014.
The charge under Section 23 of the MACC Act 2009 provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction. Lim faces a second charge of using his position to obtain for himself a plot of land and a bungalow located at No, 25, Jalan Pinhorn, George Town on July 28, 2015 from Phang for RM2.8mil, below market value.
The charge under Section 165 of the Penal Code provides for a jail term of up to two years, or a fine, or both, upon conviction.
Phang pleaded not guilty to abetting Lim in obtaining the bungalow at an undervalued cost.
She allegedly committed the offence at the same place and date.
The charge under Section 109 of the Penal Code read together with Section 165, provides for imprisonment of up to two years, or a fine, or both, upon conviction. - Bernama
MACC will appeal against ruling that Section 62 is unconstitutional
PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) will be appealing the Court of Appeal's ruling that Section 62 of the MACC Act is unconstitutional.
The MACC stated in a statement on Tuesday that its prosecutors would be filing an appeal to the Federal Court "as soon as possible".
"The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon," it said.
On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional.
Section 62 of the Act requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.
However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.
The ruling was made after allowing the appeals by Lim and Phang to declare Section 62 as unconstitutional in their corruption cases.
Lim currently faces charges for obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for using his position to purchase a bungalow below market value. Phang has been charged with abetment. - The Star
MACC: ‘Decision has no bearing’
PETALING JAYA: The Court of Appeal’s decision to declare a section of the Malaysian Anti-Corruption Commission (MACC) Act as unconstitutional does not affect the prosecution of the Penang chief minister and a businesswoman, the graft busting body said.
The MACC said in a statement that its prosecutors would be filing an appeal to the Federal Court “as soon as possible”.
“The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon,” it said.
On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional. Section 62 requires accused persons to disclose their defence statements to the prosecution before the trial begins.
But Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.
The ruling was made after allowing the appeals by Lim and Phang who sought to declare Section 62 as unconstitutional.
Lim currently faces charges for allegedly obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for allegedly using his position to purchase a bungalow below market value.
Jul 3, 2016 ... Critical time for DAP leader, Penang Chief Minister Lim Guan Eng. Fall from grace: Lim, who is facing two charges of corruption alongside ...
Court of Appeal: Section 62 of MACC Act unconstitutional
PUTRAJAYA: The Court of Appeal has ruled that Section 62 of the Malaysian Anti-Corruption Commission (MACC) Act 2009 is unconstitutional.
Justice Datuk Umi Kalthum Abdul Majid, who chaired a three-man bench, made the ruling after allowing the appeals by Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon to declare Section 62 as unconstitutional in their corruption cases.
The panel held that Section 62 was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution.
Section 62 requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.
However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while 8(1) states for equal protection under the law.
“We allow the appeals and set aside the order of the High Court,” said Umi Kalthum, who heard the appeals with Datuk Ahmadi Asnawi and Datuk Abdul Rahman Sebli on Monday.
The Court of Appeal granted DPP Datuk Masri Mohd Daud's oral application to stay the proceedings in the Penang High Court pending the prosecution's appeal over the decision.
On March 7 this year, the High Court dismissed Lim and Phang's application after ruling that Section 62 of the MACC Act was constitutional and valid as it did not impede the accused's right to a fair trial.
Lim pleaded not guilty to charges of corruption in relation to the conversion of land from agricultural to residential and the purchase of a plot of land and bungalow at below-market value on June 30 last year.
Lim was charged with using his position as Chief Minister to gain gratification for himself and his wife, Betty Chew Gek Cheng, by approving the application for conversion of agriculture land to a public housing zone in south-west Penang to a company, Magnificient Emblem Sdn Bhd.
He allegedly committed the offence while chairing the Penang State Planning Committee meeting at the operations room, Level 28, Komtar building here, on July 18, 2014.
The charge under Section 23 of the MACC Act 2009 provides for imprisonment of up to 20 years and a fine of up to five times the sum or value of the bribe, or RM10,000, whichever is higher, upon conviction.
Lim faces a second charge of using his position to obtain for himself a plot of land and a bungalow located at No, 25, Jalan Pinhorn, George Town on July 28, 2015 from Phang for RM2.8mil, below market value.
The charge under Section 165 of the Penal Code provides for a jail term of up to two years, or a fine, or both, upon conviction.
Phang pleaded not guilty to abetting Lim in obtaining the bungalow at an undervalued cost.
She allegedly committed the offence at the same place and date.
The charge under Section 109 of the Penal Code read together with Section 165, provides for imprisonment of up to two years, or a fine, or both, upon conviction. - Bernama
MACC will appeal against ruling that Section 62 is unconstitutional
PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) will be appealing the Court of Appeal's ruling that Section 62 of the MACC Act is unconstitutional.
The MACC stated in a statement on Tuesday that its prosecutors would be filing an appeal to the Federal Court "as soon as possible".
"The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon," it said.
On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional.
Section 62 of the Act requires accused persons to disclose their defence statements to the prosecution before the beginning of the trial.
However, Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.
The ruling was made after allowing the appeals by Lim and Phang to declare Section 62 as unconstitutional in their corruption cases.
Lim currently faces charges for obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for using his position to purchase a bungalow below market value. Phang has been charged with abetment. - The Star
MACC: ‘Decision has no bearing’
PETALING JAYA: The Court of Appeal’s decision to declare a section of the Malaysian Anti-Corruption Commission (MACC) Act as unconstitutional does not affect the prosecution of the Penang chief minister and a businesswoman, the graft busting body said.
The MACC said in a statement that its prosecutors would be filing an appeal to the Federal Court “as soon as possible”.
“The MACC also wishes to clarify that this decision by the Court of Appeal does not affect the prosecution of Penang Chief Minister Lim Guan Eng and businesswoman Phang Li Koon,” it said.
On Monday, the Court of Appeal ruled that Section 62 of the MACC Act was ultra vires when read against Article 5(1) and 8(1) of the Federal Constitution, thus deeming it unconstitutional. Section 62 requires accused persons to disclose their defence statements to the prosecution before the trial begins.
But Article 5(1) states that no person shall be deprived of his life and personal liberty save in accordance with law, while Article 8(1) states that all persons are entitled to equal protection under the law.
The ruling was made after allowing the appeals by Lim and Phang who sought to declare Section 62 as unconstitutional.
Lim currently faces charges for allegedly obtaining gratification for himself and his wife related to the conversion of land into residential development and another charge for allegedly using his position to purchase a bungalow below market value.
Jul 3, 2016 ... Critical time for DAP leader, Penang Chief Minister Lim Guan Eng. Fall from
grace: Lim, who is facing two charges of corruption alongside ...
GEORGE TOWN: Two more popular financial schemes in Penang have been red-flagged by Bank Negara Malaysia (BNM).
A check on the financial consumer alert list yesterday showed MBI International Sdn Bhd and Mface International Sdn Bhd to be the latest additions.
Both are subsidiaries of MBI Group International, a company with investors worldwide, many of them from China.
To date, 302 companies have been listed under the BNM financial consumer alert list, for suspicion of not adhering to relevant laws and regulations administered by BNM in their operations.
Under the Financial Services Act 2013, individuals or businesses involved in illegal financial activities can be fined up to RM50mil and jailed for 10 years.
When contacted by a Chinese daily, MBI International chairman Tedy Teow’s special assistant Alfa said he did not think that the company would face any problem.
“And it is unnecessary for us to hold a press conference to explain the situation to our investors.
“We are always doing our work and we believe that our investors can see how we are performing so far,” he told Sin Chew Daily.
An investor, H.L. Teoh, said he put in RM22,500 early this year and was given 10,000 game redemption credits.
“Actually, I can start selling it every six months, but I was advised to wait for it to grow bigger in three years.
“When you have lots of credit, it is like having a lot of virtual shares.
“Now, I will have to wait for further instructions from the company before my next course of action,” he said.
Members are allowed to spend their loyalty points, which are converted from virtual money or coins, in exchange for goods and services at affiliated companies, including a supermarket, restaurants, a gym and even a durian stall.
Meanwhile, a press conference called by a branch representative of another controversial financial scheme operator, JJPTR, was cancelled at the last minute.
Press members in Penang had received an invitation from a man known only as Lim at 8.30am yesterday.
However, no reason was given for the cancellation.
JJPTR has been grabbing headlines in the past few weeks since its founder Johnson Lee claimed that the company had lost US$400mil (RM1.738bil) due to a purported “hacking job”.
Lee and two of his top aides have been detained by the police to facilitate investigations following several police reports lodged against JJPTR.
In another case, 19 Chinese nationals lodged police reports in Kuala Lumpur against another multi-level marketing company, claiming that they had lost hundreds of thousands of ringgit.
They claimed to have lost between 100,000 yuan (RM62,536) and 700,000 yuan (RM437,754) since investing in the scheme by Monspace last year.
Founded in 2014, Monspace is listed as a multi-level marketing company, according to the Companies Commission of Malaysia.
In an immediate response, Monspace said it would take legal action against any group or individual making defamatory statements against it.
The company said in a statement to the media that it was functioning professionally and had engaged a law firm to keep track of statements made about it.
With the inclusion of the two investment schemes run by a company with international investors, there are now 302 firms in Bank Negara’s financial consumer alert list. 
