Ling charged with cheating over PKFZ

Kuching
Thursday, 29th July 2010

Ling Liong Sik is the first Tun to be charged in Malaysia but it is not going to impress me, as I am waiting for the MACC or Police to Charge the only Pehin in Malaysia.
Tun Dr Ling Liong Sik was charged with cheating here today over the scandal hit Port Klang Free Zone (PKFZ) project.
The prosecution of Dr Ling comes as a huge shock and is expected to have repercussions for MCA as he is still considered a kingmaker in the party.

Right..but Sarawakian want Taib Mahmud to be charged Now...

Dr Ling (picture) is believed to be the first Tun ever to be prosecuted. The high powered prosecution team is led by the Attorney General Abdul Ghani Pattail, Deputy Public Prosector (dpp) Tun Majid Tun Hamzah and dpp Manoj Kurup.
Ling will be represented by Datuk R R Sethu.
Dr Ling led MCA from 1986 to 2003. The PKFZ project was mooted during his tenure as Transport Minister and the cost of the project, initially estimated at less than RM2 billion, more than doubled to RM4.6 billion by 2007.
The cost of the project has been further projected to swell to as much as RM12.5 billion due to interest costs from deferred payments if the trans-shipment hub fails to perform.
Though he left the post of MCA president in 2003, Ling is still influential in MCA and is perceived as a king maker and the charges will have repercussions on the party which is struggling to regain Chinese support.
The move to charge Ling however could help deflect criticisms that the Najib Administration lacks the will to go after the “real masterminds” behind the PKFZ project and boost its reform credentials.
The charges concern land evaluations under the penal code with the principle charge under section 418 with the alternative charge being 417.
Ling claimed trial to the charges and when the charges were read out to him Ling said he was “not guilty” to both charges.
The AG has requested bail at RM1 million and the defence had no objections.
Punishment for offences under section 417 carries a jail term of not more than 5 years and not more than 7 years under section 418.
The case has been fixed for mention on September 3 and judge will be Sessions Court judge Suzana Hussin.
According to the penal code, section 418 concerns “Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect” while section 417 concerns “Punishment for cheating.”
Ling entered the court accompanied by five policemen and dressed in a striped blue and white shirt and black slacks.
His wife Toh Puan Ena Ling was spotted in the court gallery.
Ling is out on police bail and will post bail tomorrow as it is too late for him to do so today
When approached by reporters on his way out of the court, Ling said: “When you’re in the Palace of Justice, you must be very confident of justice.”

According to the charge sheet, Dr Ling is alleged to have deceived the Malaysian government between Sept 25 and Nov 6, 2002 by deceiving the Cabinet on Level 4, Prime Minister’s Office, Bangunan Perdana Putra in the Federal Territory of Putrajaya, into agreeing on the land purchase in Pulau Indah for the mega distribution hub project in Port Klang according to the terms agreed to between Kuala Dimensi Sdn Bhd and the Port Klang Authority.

The terms in the agreement included:

a) The size of the land being 999.5 acres or 43,538,200 sq ft;

b) The purchase price for the land being RM25 per sq ft amounting to a total of RM1,088,456,000.00

c) The repayment period being based on a “deferred payment” of 15 years with an interest rate of 7.5 per cent per annum (total RM720,014,600), and thereby dishonestly hiding the fact that the valuation by the Valuation and Property Service Department, Ministry of Finance on the land was RM25 per sq ft for a repayment period of 10 years or RM25.82 per sq ft for a repayment period of 15 years, including coupon/interest that could be charged for the repayment period.

And as such, you have purposely induced the Cabinet to give its consent to the purchase, whereas the Cabinet would not have given its consent if the fact had been told to the Cabinet, and the fraud was committed with the knowledge that you could cause a loss to the Malaysian government, where you have an interest in the transaction pertaining to the fraud and you are bound under the law to protect it and, as such, you have committed an offence punishable under Section 418 of the Penal Code.

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