More senior govt officials held over corruption involving millions of ringgit

PETALING JAYA: Two senior government officials have been remanded in Malacca and Johor over separate cases of graft involving millions of ringgit.

In Malacca, a senior state government official with the title of Datuk was remanded for four days.

The 55-year-old was brought to the magistrate’s court by the Malaysian Anti- Corruption Commission (MACC) officers before the remand order was issued by assistant registrar Syarina Shaarani @ Tan.

On Monday in Putrajaya, MACC also detained and obtained a fiveday remand for a 70-year-old contractor with links to the Malacca senior official, who was believed to have solicited kickbacks in exchange of approval for projects.

It is learnt that MACC had frozen 22 bank accounts owned by the senior official and his family members amounting to RM11mil and 24 accounts belonging to the contractor totalling RM12mil.

MACC deputy chief commissioner (operations) Datuk Azam Baki confirmed the latest arrest, adding that the investigation would zoom in on the projects involving the two suspects.

In Johor Baru, an assistant officer with the Johor Land Office was remanded for six days by a magistrate’s court over abuse of power in a land acquisition case.

Clad in an MACC orange lock-up shirt, the suspect, in his 50s, was brought in under the escort of several officers at around 11am. The remand order was approved by assistant registrar Norhidayah Abdul Manaf.

MACC state director Datuk Simi Abdul Ghani told Bernama that it was in the process of identifying the source of the man’s assets.

The suspect, he said, was believed to have abused his position to obtain land through land offices in other districts as well as acquire these via ownership transfers.

Initial investigation revealed that the suspect owned several pieces of agricultural land as well as a few residential plots and luxury homes.

In another case, a director of a federal agency in Labuan was rearrested by MACC a day after his remand for a graft probe over a RM12mil food court in Tg Purun expired.

This time, the suspect, 59, was held over a probe into a building and infrastructure project worth RM48mil in Labuan.

Yesterday, Labuan magistrate’s court registrar Haizah Tamin granted a seven-day remand order against the director.

So far, MACC has recorded statements from 17 witnesses, including two civil servants and staff from several companies and contractors.

However, sources said no new arrests or seizure of assets and property had been made.

Graft investigators are still sifting through documents and other evidence to determine the number of contracts in the project since the director took over the helm about two years ago.

Two contractors, in their 40s, who were detained with the director earlier over the food court project, have been released.

The director is said to have asked for RM100,000 from the contractors as kickback for awarding them the project.

Confirming the re-arrest, Azam said the director was detained over an ongoing probe under Section 17(a) of the MACC Act for offering and receiving bribes.

So far, 12 bank accounts with cash amounting to RM889,000 belonging to the suspect and several family members have been frozen.

MACC is also tracing several million ringgit allegedly transferred out of the accounts shortly before the suspect was picked up.

Malacca Chief Minister Datuk Seri Idris Haron said MACC’s action against the state senior official reflected its government’s transparency.

There had been speculation that the officer was closely linked to certain key officials in the state, including himself, said Idris.

“Anyone can be seen to be close to me, but when it comes to corrupt practices, I will be the first to stand against it,” he said.

However, he urged people not to jump to any conclusion as the probe was still ongoing.

Senior officials held for alleged graft

PETALING JAYA: Two senior civil servants, one of whom is a Datuk, were detained by the Malaysian Anti-Corruption Commission (MACC) in Malacca and Johor for alleged corrupt practices.

Sources said the first suspect, aged 55, was picked up in downtown Malacca at about 2pm yesterday and is to be remanded today.

More than 20 bank accounts containing over RM10mil were frozen.

It is learnt that the suspect was soliciting kickbacks in exchange for approval of projects involving local authorities.

The sources said the MACC was currently determining the amount of money and number of projects involved.

More individuals are expected to be picked up to facilitate investigations.

In a separate case, an assistant land district officer was also picked up over alleged corruption.

The suspect, in his 50s, was detained when he appeared at the Johor MACC office to have his statement recorded at about 2pm yesterday.

Sources said the suspect was said to have misused his position to obtain land, including alleged illicit transfer of land ownership.

The case is being investigated under Section 23 of the MACC Act 2009.

Initial investigations showed the suspect owned several plots of agricultural land covering 6.77ha.

In addition, he is said to have acquired a 27.51ha piece of jointly-developed land, residential land and a high-cost luxury unit in seve­ral districts in Johor.

Johor MACC director Datuk Simi Abdul Ghani confirmed the arrest.

He said the suspect would be brought to the court for a remand order to detain him further as part of the probe.

Earlier this month, the MACC arrested two senior office bearers of two government-linked companies over suspected abuse of power and corruption.

Cash and other assets worth millions were seized and bank accounts frozen.

Last week, a federal agency director and two contractors were also detained.

The contractors had been released but the director was re-arrested to assist in a money-laundering probe.

By Simon Khoo The Star/Asian News Network

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MACC detains two for alleged corruption

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Canny Ong murder case remember? Killer Ahmad Najib finally hanged at Kajang prison

Ahmad Najib Aris (center). - Filepic

PETALING JAYA: After spending 11 years on death row and having exhausted all his appeals, Ahmad Najib Aris (pic) was finally executed for the 2003 murder of Canny Ong.

The former aircraft cabin cleaning supervisor, who killed Ong after abducting her from a shopping complex in Bangsar, was hanged early yesterday.

A Kajang prison spokesman said Ahmad Najib, 40, was executed at about 6am and his body was later buried at the Sungai Kantan Muslim cemetery in Kajang.

He said Ahmad Najib was allowed to meet his family members for the last time on Thursday.

Ahmad Najib’s former lawyer Mohamed Haniff Khatri Abdulla described him as a “good Muslim” while in jail.

He said prison officials had told him that Ahmad Najib became a good Muslim, and often led prayers in jail and also taught other inmates about religion.

“To me, at least the time he was in prison, he was a better person than many outside,” he told The Star.

Ahmad Najib was sentenced to death by the Shah Alam High Court on Feb 23, 2005, for murdering Ong, then 28, at the 11th kilometre of Jalan Klang Lama between 1am and 5am on June 14, 2003.

He was also given the maximum jail term of 20 years and ordered to be given 10 strokes of the rotan for raping Ong.

In March 2009, the Federal Court upheld his death sentence for the crimes committed against Ong, whose charred remains were found in a manhole near a highway construction site.

Ong, an IT-analyst living in the United States with her husband Brandon Ong, was back in Malaysia to visit her ailing father.

On June 13, 2003, a day before she was due to return to the United States, Ong went out for dinner with some family members and close friends at the Bangsar Shopping Complex.

After the meal, she went to the basement car park to retrieve the parking ticket from her car. She asked her mother and sister to wait for her by the autopay machine.

Ong never returned.

After waiting for 20 minutes, Ong’s mother Pearly Visvanathan Ong and her sister decided to look for her in the car park.

When they went down they found the car, a purple Proton Tiara, missing.

Sensing something bad had happened to her daughter, Pearly ran to the mall’s security office to view the CCTV tapes.

The tapes confirmed their worst fears. They saw Ong being abducted by a man who drove off with her in her car, crashing past the exit barrier of the car park.

Days later, Ong’s charred remains were found in a manhole along Old Klang Road in Kuala Lumpur.

Forensic and criminal investigators found evidence that led to the arrest of Ahmad Najib.

The news of Ong’s murder was covered widely by the media and followed intently by the public.

The randomness of the crime – Ahmad Najib had no apparent motive – made it all the more horrific and prompted many unsolicited and baseless conspiracy theories much to the dismay of Ong’s loved ones.

by Jastin Ahmad Tarmizi The Star/Asia News Network

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A-G should not lead both services, it's long overdue!

Otherwise, it will create a negative perception of judiciary's independence, says CJ

https://youtu.be/rKJy0vpNVlA

KUALA LUMPUR: The Attorney-General must stop leading the Judicial and Legal Service Commission to ensure that the judiciary can be seen as a truly independent body, says the Chief Justice.

The head of the judiciary, Tun Arifin Zakaria, said that it would be a conflict of interest for the A-G to lead both services as he was a member of the Executive, when judicial officers comes under the judiciary.

In a democracy, the three branches of Government – the Legislative, Executive and Judiciary – must remain independent of each other.

“If the A-G continues to lead both services, I worry it would create a negative perception of the judiciary’s independence, an opinion many parties share,” said Arifin in a speech at the Judicial Officers Conference here yesterday.

The Chief Justice’s call is in line with the universal concept of judicial independence, whereby the courts should not be subject to undue influence from other branches of the Government or persons with partisan interests.

In an immediate reaction, Attorney-General Tan Sri Mohd Apandi Ali confirmed that the A-G’s Chambers (AGC) had received the proposal and was still studying it from the point of view of the Constitution and from a historic perspective.

“We will come up with the AGC’s views and discuss it at our next Legal and Judicial Service Commission’s meeting before the end of the year,” he told The Star.

Currently, the Judicial and Legal Service Commission managed the careers – from appointing, promoting, transferring and disciplining – of its members, which includes judicial officers like Sessions Court judges and magistrates, and legal officers like deputy public prosecutors and senior federal counsels.

Later, during a press conference, Arifin said people who disagreed with a judgment might say the magistrates were toeing the line with the A-G’s Chambers as they were effectively the same body.

“Imagine if a senior officer from the AGC or even the A-G himself was prosecuting. Lagi menggeletar (they’ll be even more nervous) to handle the case,” he said.

Arifin said Public Service Circular 6/2010 which made the A-G the chief of the judicial service was a contradiction to an existing decision by the Federal Court and no longer relevant

He pointed out that when the Commission was formed, the two groups were placed together as there were only a few hundred staff members. However, there were now 636 employees in the legal service and 4,787 serving in the judicial service as of April this year.

“The time has come for the judicial service to be lead by an someone from within its ranks,” he said, adding that such a candidate would be better equipped to run the service.

Arifin suggested that the Chief Court Registrar lead the judicial service while the Attorney-General lead the legal service.

The separation would also stop judicial officers and legal officers from being transferred between departments, unless the move is approved in writing by their chiefs.

However, Arifin said transfers should still be allowed, with due process, to ensure staff get experience as both judges and prosecutors.

Chief Registrar Datin Latifah Mohd Tahar, who also attended the conference, told reporters the paper on the proposal had been submitted to the Commission and the matter could be decided on within the year.

In 2006, the then Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim said the Judiciary intended to propose to the Government to abolish the Judicial and Legal Service Commission.

He added that magistrates and Sessions Court judges should be absorbed into the judiciary, fearing that there would be interference by “unseen hands” if they remain as civil servants.

by Chelsea L.Y. Ng and Qishin Tariq The Star/Asia News Network

It’s about time, says thelegal fraternity of proposal

PETALING JAYA: The legal fraternity applauded the Chief Justice’s proposal for greater separation between judicial and legal services, calling it long overdue.

Former Court of Appeals Justice Mah Weng Kwai (pic) said the proposal finally presented a clear demarcation between the judicial and legal services.

“It has been a combined service for the longest time, since before I joined the service in 1973,” said Mah, who started his career as a magistrate before becoming a deputy public prosecutor and then senior federal counsel.

Responding to the Chief Justice’s suggestion that officers would still be allowed to be transferred between the services, Mah said it should be taken one step further with both services completely independent and non-transferable.

Former magistrate Akbardin Abdul Kader said, if implemented, the move would ensure former DPPs were not biased when they were elevated to the bench.

“Hence, they will remain as DPPs until they retire and so the same for judicial officers,” he said.

Malaysian Bar president Steven Thiru said the Chief Justice’s concerns were valid and deserved due consideration.

He said the fact the Attorney-General was a member of the commission could open the judiciary to questions in any decision in favour of the prosecution.

He noted that the proposal would appear to require a constitutional amendment that would place Sessions Court judges and magistrates under the sole jurisdiction of the judiciary, and no longer under the Commission.

“This strengthens the concept of separation of powers that vests judicial power in the judiciary and requires the exercise of those powers without any influence by the other arms of Government,” he said, adding that the removal of any conflict of interest would inspire more confidence in the decisions of Sessions Court judges and magistrates.

Former Malaysian Bar president Yeo Yang Poh said the Bar had called for the change for decades, adding that from time to time, a Chief Justice of the day would “warm up” to the idea.

In 2006, when Yeo was serving as president, Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim made a similar call for a separation of the judiciary from the commission.

Yeo added that it was the first time he had heard of a proposal being handed to the commission by the Chief Registrar.

He said having the judicial and legal services combined was not desirable for two reasons: in practical terms, not every one could be fearless; while in theory, even if all legal officers could overcome the pressure, there would still be the perception of impartiality.

“You can’t blame an observer that perceives something is not quite right. A judge could say they would remain impartial even if judging their father; but does it look right?” he asked.

A former officer from the Judicial And Legal Services, who declined to be named, said the risk of transfers were a common reality.

“We used to threaten judges up to the Sessions Court (level), if they misbehave, we will get them transferred as DPPs. A few of them were actually transferred,” he said.

He said though the “threats” were in jest, it shocked him that they were sometimes really carried out, adding that not all moves were sinister, as it was occasionally meant as a lesson for subordinate courts which had made errant judgments.

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