Malaysian Finest, Funniest or Fuckup-est?

Kuching
Friday, 20th August 2010

Once against I would like to thank my friend from Hornbill-hornbill for sharing the posting below written by someone name KTemoc. The article was about  Teoh Beng Hock's inquest. It shown the stupidity of the MACC lawyer during the questioning of Dr Pornthip. After reading this article, I could not stop myself from doubting the qualification of the government lawyer that representing wether MACC in the inquest.
Let's read the article below.

You know, I’m just about to go to Bangkok, and I cringe to identify myself as a Malaysian because of one moron. 

You want to know who he is? If you read Malaysiakini’s 'Have you ever jumped off a building?' you will initially be flabbergasted by the most inane and stupid questions you’d ever have the misfortune to hear a Malaysian prosecutor ask in court.

Then your emotions will change as you cringe in embarrassment (malu sajalah) after realizing that idiot had asked a foreigner such moronic questions.

A lawyer or An Interrogator!

The scene was at the judicial inquest where renowned Thai pathologist Dr Pornthip Rojanasunand was giving expertise evidence on the disputed cause of Teoh Beng Hock’s unexplained death after a night of interrogation by MACC ...

... mind you, Teoh was just a witness. I shudder to imagine how a suspect would have fared?

The Thing from the Swamp made a pathetic puerile attack on Dr Pornthip’s professional credential [warning: get ready to cringe in embarrassment]: "Did you know that the university that you graduated from is not recognised in Malaysia?"

Pornthip answered gently: "But it is in the top five in Asia."

Thank heavens Dr Pornthip didn’t ask: “Hey, any Malaysian university up there or close by?”

That idiot doesn’t even know that Malaysian tertiary education has become a sorry joke for the last couple of decades, yet he had the brazen effrontery to say what he disgracefully said. But then, he is a moron.

Malaysiakini reported that the Crypt Keeper “... next had the gallery groaning in disbelief when he suggested that Teoh had strangled himself and was depressive.”

When challenged by Gobind Deo, the fool actually attempted to demonstrate the art of self strangulation - wow, what a Towering Malaysian. So dont worry Tun, all's well with your concerns.

Read the following MKINI report to wonder where he crawled out from with his law degree, when he accused Dr Pornthip that: ... her report was "based on her imagination". In an effort to make his point, he asked if Pornthip has any experience jumping off a building.

Zillion of eyes must have at this moment rolled towards heaven, imploring the respective gods for salvation, from the fool.

And at this advance stage of gross imbecilic questioning by the prosecutor, Malik Imtiaz Sarwar who represented Pornthip and the Selangor government made the required rescue. He stood up to say: “With questions like these, we would all want to jump off a building.”

Indeed, and well said Malik!

But this one takes the cake – an indictment on our educational system and public service recruitment standards. The Ghoulish Goliath of Gonnawanna averred to Dr Pornthip: "If (Teoh) was unconscious, his body would be heavier."

Holy Newton, Archimedes and the Deva of Gravity! Everyone in court cringed, crumbled and cried for Malaysia.

I hope that ethnic hero Jabba the Hutt, another one called Dr DNA-Denier, the Director of BTN and Gonnabe Partial the Magician (producer of magic letter) have read or are reading what had transpired at the judicial inquest.

If they haven’t, don’t wory – it’ll be all over the Thai media, on how Dr Pornthip had to endure a marathon moronic-thon in a Malaysian court.

Now, do you know why I'll be cringing to identify myself as a Malaysian in Bangkok.

Mupok Aku

AGI IDUP AGI NGELABAN

Latest Revelations By DAP On Sarawak’s Budget Black Hole

Kuching
Friday, 20th August 2010

Taken From Sarawak Report

Scandal highlighted by DAP

Taib Mahmud, the Chief Minister of Sarawak, has failed to account for a staggering RM 4.8 billion of government expenditure over the past 3 years alone, according to explosive figures released by the opposition DAP party. This represents more than half the Development Budget, which in turn represents nearly three quarters of the total expenditure for the State!

Put another way, in 2009 RM 1.825 billion of the State’s total expenditure was allocated to persons unknown, compared to the government’s estimated revenue for that year of RM 3.726 billion. That is about half of all your cash!

The secret projects soaking up Sarawak’s cash

The DAP, who recently triumphed over BN at the Sibu by-election, have produced a closely argued Alternative Budget for 2010, in which they demand a return to proper accounting methods, so that taxpayers can know exactly how their money has been spent. This is their right and it is also Malaysian law, in line with the rest of the civilised world.

The DAP figures show that Taib has not only reserved 80% of the State’s entire Development Budget to the three Ministries controlled directly by himself, but that shockingly most of that money has been spent on secret projects about which he has provided zero information.

Under the circumstances the people of Sarawak are entitled to assume that the money has been stolen. As the DAP points out:

“This [state of affairs] defies the basic principle of political accountability in a democratic system and is susceptible to great abuses”.

So let us all guess what those abuses might be and where the money might have gone. Some on more Rolls Royces for the Chief Minister? Some on more foreign properties for his family? Some on bailing out projects by Taib-owned companies?

The Chief Minister appears to think he can get away with not telling people where he has decided to spend this money, but we can be comfortably certain that none of these secret projects involve benefitting any of the impoverished people whose lands he has taken for palm plantations now owned by his family and friends.

The “Government Contribution Towards Approved Agencies Trust Fund”

So what is going on and how has all this money disappeared?

The DAP budget documents provides a detailed analysis. Firstly, it outlines the extraordinary level of personal control that Taib has assumed over Sarawak’s expenditure. The septuagenarian personally manages the three main spending departments in the State. This means that almost every spending decision has to go through him and that no other Minister can do anything without getting his permission.

In particular his three ministries (the Finance Ministry, Planning and Resources Ministry and Chief Ministry) together control 80% of the Development Budget, which alone accounts for around three quarters of all money spent, although it is argued many of the projects would more sensibly belong under different departments.

Secondly, the document explains the secretive system that the Chief Minister has developed for allocating more half this huge sum of money. Over the past several years he has employed a highly mysterious expenditure category termed the ‘Government Contribution towards Approved Agencies Trust Fund’ into which this money is channelled. There is no specification as to who these ‘Approved Agencies’ are or which Trust Fund is being referred to and the Government has consistently refused requests for information on the subject! It could be going to his aunty, or his sister, or cousins, or kids, or secret mistress…… how is anyone supposed to know and what right has he to keep it secret?

Thus, in 2009 RM 1.825 billion (59.3% of the total RM 2.430 billion) is unaccounted for in the Development Budget, according to the DAP calculations. In 2008 it was RM1.719 billion (60% of the total RM2.865 billion) and in 2007 it was RM1.257 billionn (54.8% of the total RM2.294 billion). The DAP raise the valid question as to what is the point of carefully auditing 40% of the budget if the remaining 60% is kept secret?

The truth must be told

We can only assume that the ‘Approved Agencies’ must be outfits the Chief Minister would rather we did not know about. Certainly, if these ‘Approved Agencies’ were doing any good to the people he is supposed to serve, then he would be broadcasting the fact next to a picture of himself in every page of the Borneo Post!

However, he is not and therefore we can safely conclude that they are just doing good for the Taib family and their business cronies, like so many of his other projects.

The Condition Of One of the Long house Under YB Snowdan Lawan and Masir Kujat

Kuching
Thursday, 19th August 2010

Last Sunday, Bukittunggal revealed YB Mong's Authorization Letter to one Khoo Chee Peng to develop about 70000 acres of NCR Land at Bukit Bengunan for Oil Palm plantation,  and how in the letter he asked for RM 1000 per acre as kickback.

When there is no development at all, but the YBs Keep Cheating the Long House Folks by Giving Away the MRP valued at RM 5K in 5 years to them for me it a scandal!...Bukittunggal.com

Today, I am going to reveal to the world the condition of the long house name Kpg Gayau, one of the many Iban long houses under YB Snowdan Lawan and YB Masir Kujat.

The main reason why I am posting the photos of Kampong Gayau, Pantu is not to humiliated the long house chief TR Medang and his "anembiaks" (people) but my main reason is to reveal to the world on the real meaning of BN's Sarawak politic of development.

With the state election just around the corner, we could read almost everyday in the newspapers how the "Wakil Rakyat" (people representative) from Barisan Nasional urging the long house folks to vote for them as according to them only Barisan Nasional could bring development to their long houses.

Kampong Gayau the object for my posting today is located in upper Pantu. Politically it is under N25-Balai   Ringin and P202-Sri Aman. Ringin. Their "Wakil Rakyat" are YB Snowdan Lawan and YB Masir Kujat, both are from the Parti Rakyat Sarawak (PRS) one BN Sarawak component party.

Kampong Gayau is inhabited by about 80 families. It has no electricity and the source of drinking water is a gravity-feed fresh water supply from the stream nearby. Their mean of transport is by river or land.
Politically the long house has been supporting the BN for generations.
Let me share the condition of the long house here...And let see by oneself the real meaning of BN Politic of Development..

Being the YB , you must not just sit down there  when your people still staying in this house of this state. I just cannot imagine that at this generation people still staying in this type of house. Can we catch-up with Vision 2020?

In my next posting, I am going to share some more photos of  the long houses in N25-Balai Ringin and P202-Sri Aman like Kampong Empaling, Isu and Tekuyong. Until then....

Mupok Aku

AGI IDUP AGI NGELABAN

MACC Shivering as Dr Pornthip Statement Confident that Teoh's death not suicide

Kuching
Wednesday, 18th August 2010

Taken From Malaysia Chronicle

The Teoh Beng Inquest began with star witness Dr Pornthip Rojanasunand affirming her view that Beng Hock had suffered extensive injury prior to his fall and that she was sure his death was not suicide.

"I still believe it is not suicide," the Thai forensic expert told the court.

Under questioning by Malik Imtiaz Sarwar, the lawyer acting for the Selangor state government, she pointed to the injury on his neck where she said a blunt object had caused the wounds.

"Wounds caused by blunt object. Someone put something on Teoh's neck or pressed his head on something," she told the court.

She was sure it was a pre-fall injury with "more force and more weight" used than under manual strangulation. The Thai forensic expert also ruled out the possibility that the wound was caused by a fracturing of the spine upon impact with the ground.


Disagrees with Vanezis

She disagreed with the findings of MACC expert witness Dr Peter Vanezis that the mark on Teoh's neck was due to a fracture of the chin. According to Pornthip, a chin fracture area was small, while in Beng Hock's case, the hemorrhage extended to the chest. She also pointed out there are no blood vessels on the chin to cause such an amount of bleeding.

Pornthip also disagreed with Vanezis that Teoh landed on his feet or that he was conscious when he fell. She reiterated that the first autopsy report showed cerebral edema. According to her, that indicated Teoh had experienced hypoxia, where brain does not receive oxygen, for at least 5 minutes. Dr Vanezis had said Teoh was probably alive when he hit the ground.

She also said there was no fracture to Beng Hock's wrist, which was not usual in fall cases as normally a person would instinctively reach out to break the fall. She pointed to the fracture and external wound above one ankle, but none at the base of the skull, which indicates it was highly unlikely that Teoh could have landed on his feet.

However, Pornthip retracted her previous view that the anal tear and injury to Beng Hock's buttocks was caused by aggravated beatings. She agreed with Vanezis and the other 4 federal-government appointed pathologists that the injury in the anal area was caused by the fall.

Malik had begun by referring to her past testimony where she had said there was 80 percent chance of homicide gauging from pictures taken of his corpse. This time, Pornthip declined to reiterate the odds but said she was sure it was not suicide.

Pornthip also confirmed that at the second post-mortem, she did not touch Beng Hock's body. However, she was able to form her conclusion as Sungai Buloh pathologist Dr Shahidan Md Noor had dissected on her behalf based on her instructions.

Attorney-General's 'suicide' note

Under questioning by Gobind Singh Deo, the lawyer for Teoh's family, Pornthip said any notes found should be tested for DNA, fingerprints and palm prints immediately, and then be subjected to handwriting analysis.

"Protocol for a crime investigator to search for notes to find, search for it. To prove scientifically in a homicide case, DNA, handwriting can be done & tested. Crucial," Pornthip said, adding that such notes were often emotional and she preferred to rely on scientific evidence as proof of suicide.

Gobind was referring to a so-called 'suicide' note that the authorities had purportedly found in Beng Hock's sling bag in October 2009 but only earlier this month informed the court, Teoh's family and the public at large about its existence.

Malaysia's Attoney General Gani Patail has come under fire for suppressing evidence and speculation is rife the note was fabricated and produced at the 11th hour to discredit Pornthip ahead of her testimony, which is damaging for the MACC.

"I work for the rights of the dead, not the Selangor government"

Indeed, when MACC's head prosecutor Abdul Razak Musa began cross-examination, he started by tearing at her experience and academic qualifications. He tried to denigrate her professional training but a calm and composed Pornthip told him her university was among the top 5 in Asia.

"You have to understand. I work for the rights of the dead, not the Selangor government. My objective is to help the dead," said Pornthip, drawing applause from the courtroom.

Razak had suggested her testimony was biased because she had been hired by the Selangor government. He also attacked her for ruling out suicide and questioned why she insisted he was strangled when there were no witnesses. "I never said he was strangled," Pornthip told him. "I said pre-fall injury."

Razak also grilled her on what he said were discrepancies between Pornthip's first and second reports. But Pornthip was able to counter each of his questions and spent time explaining to him and the court.

"If you say blunt object, where is the weapon," a frustrated Razak said. To which the quick-witted Pornthip replied, "I want to ask if you are a lawyer?"

Pathologists are tasked to investigate the scientific findings in a death while it is the job of police to hunt down the culprits and weapons used in a crime.

Razak also reiterated several times to the court that all 4 federal-government appointed pathologists had said Beng Hock's neck injuries were caused by a fall. However, Malik objected, saying that "During cross-examination, Dr Shahidan had confirmed neck injuries were pre-fall."

Brutal cross-examination

Apart from Pornthip, Vanezis,Dr Shahidan, Dr K Saravanan and Dr Khairul Azman Ibrahim from the Tengku Ampuan Rahimah Hospital in Klang, and Dr Prashanth Samberker from the Universiti Malaya Medical Centre had conducted the second autopsy.

In summarizing for the Attorney General, specially-appointed criminal lawyer Tan Hock Chuan clarified with Pornthip if she was ruling out strangulation as the cause of death, which she said she was.

However, she maintained her view that, contrary to Dr Shahidan's findings, Beng Hock's neck injuries were not caused by the fall. However, she agreed that his skull and anal injuries were the result of impact with the ground.

Coroner Azmil Muntapha Abas then grilled Pornthip on the her case studies, asking questions related to falls from height and the injuries that resulted.

He adjourned the hearing to September 1 at 2.30 pm after Gobind asked for time to study the 'suicide' note revealed by the Attorney General.

Beng Hock's death a symbol of injustice

Earlier, Dr Pornthip was greeted by loud cheering as she entered the packed courtroom. Many of Beng Hock’s supporters are attending the hearing, as to them, Pornthip’s testimony symbolizes the injustice of his death.

The 30-year old Selangor political officer, who was a former journalist, had died in mysterious and suspicious circumstances after overnight interrogation by the MACC. His body was found outside the MACC headquarters and it is believed he had fallen from its 14th floor office.

The MACC says Beng Hock committed suicide but his family and friends are adamant foul play was involved. They blame the MACC for torturing Beng Hock during interrogation and for causing his death. In court today were his parents and brother.

Federal-government pathologists, including Vanezis, say Beng Hock died from injuries due to a fall from a great height. Pornthip, who is acting on behalf of the Selangor government, has said there was an 80 percent chance of homicide. According to Vanezis, Beng Hock was conscious when he fell but the British expert declined to say it was suicide.

Beng Hock had been called in as a witness by the MACC in connection with a corruption probe against his boss Ean Yong and several other top DAP leaders. The probe is widely believed to have been part of a conspiracy plotted by Umno to topple the Pakatan Rakyat state government in Selangor.

Pornthip: Wound on Beng Hock 's neck caused by blunt object

Kuching

Wednesday, 18th August 2010

Taken From Malaysia Chronicle

The Teoh Beng Inquest has begun and star witness Dr Pornthip Rojanasunand affirmed her view that Beng Hock suffered extensive injury to his neck caused by a blunt object prior to his fall.

Under questioning by Malik Imtiaz Sarwar, the lawyer acting for the Selangor state government, she said she found extensive hemorrhage on the neck that could not have been caused by manual strangulation alone.

"Wounds caused by blunt object," she told the court, adding that something could have been pressed to Teoh's head or neck. She excluded the possibility the wound had been due to the fall.

Malik had begun by referring to her past testimony where she had said there was 80 percent chance of homicide gauging from pictures taken of his corpse.

Pornthip confirmed that at the second post-mortem, she did not touch Beng Hock's body. But Sungai Buloh pathologist Dr Shahidan did as she instructed and she was able to form her conclusion. The questioning is still ongoing.

Earlier, Dr Pornthip was greeted by loud cheering as she entered the packed courtroom. Many of Beng Hock’s supporters are attending the hearing, as to them, Pornthip’s testimony symbolizes the injustice of his death.

The 30-year old Selangor political officer, who was a former journalist, had died in mysterious and extremely suspicious circumstances after overnight interrogation by the Malaysian Anti-Corruption Commission.

The MACC says Beng Hock committed suicide but his family and friends are adamant foul play was involved. They blame the MACC for torturing Beng Hock during interrogation and for causing his death.

Federal-government pathologists say Beng Hock died from injuries after falling from a great height. Pornthip, who is acting on behalf of the Selangor government, has said there was an 80 percent chance of homicide.

Dr Peter Vanezis, the expert witness for the MACC, has said Beng Hock was alive when he hit the ground but did not rule out homicide.

Beng Hock had been called in as a witness by the MACC in connection with a corruption probe against his boss Ean Yong and several other top DAP leaders. The probe is widely believed to have been part of a conspiracy plotted by Umno to topple the Pakatan Rakyat state government in Selangor.

Mupok Aku

AGI IDUP AGI NGELABAN

School head in Kulaijaya under probe over racist remarks

Kuching
Monday, 16th August 2010

"Pelajar-pelajar Cina tidak diperlukan dan boleh balik ke China ataupun Sekolah Foon Yew. Bagi pelajar India, tali sembahyang yang diikat di pergelangan tangan dan leher pelajar nampak seakan anjing dan hanya anjing akan mengikat seperti itu."

By Student of Sekolah Menengah Kebangsaan Tunku Abdul Rahman Putra, Kulai

Throughout my entire life, I had never came across of such School Principal. No matter who he was, whether a Malay, India, Chinese, Iban or kadazan, he is not fit to live in Malayssia

(The Star) KULAIJAYA: Police are investigating a school principal who allegedly used racist remarks against non-Malay students during a Merdeka celebration at the school here recently.

Kulaijaya deputy OCPD Asst Supt Mohd Kamil said police had received 12 reports against the principal since Saturday and that the case was being investigated under Section 504 of the Penal Code.

Over 50 parents and students had lodged the reports against the principal, who allegedly described the non-Malays as “penumpang” (passengers) in the country during her speech at the start of the celebration on Aug 12.

“I was shocked that my principal had used such a word against non-Malay students in our school.

“This is not the first time that she had made racist comments against Chinese and Indian students in our school,” said 17-year-old student Brevia Pan.

She added that the principal, who joined the school early this year, would only target Chinese and Indian students.

“During the Merdeka celebration, she had told non-Malay students to go study in a Chinese school or go back to China,” she told reporters in a press conference organised by Senai assemblyman Ong Kow Meng.

Another student, Ashvini Thi-na­karan, 17, said many Malay students were influenced by the principal’s remarks and made similar comments and called them names.

“Before she came to my school, all the students got along well,” she said. Her father R. Thinakaran, 47, said this was a serious matter and that principals should not behave like this.

“This principal has caused racial disharmony at the school,” he said, adding that if no action was taken, he would take his daughter out of the school.

Ong called for stern action against the principal, adding that such school heads and educators would affect the minds of students.


Taken From Malaysia-Today

Authorization Letter Asking For Kickback Written By YB Mong Dagang

Kuching
Sunday, 15th August 2010

Yesterday I followed my two young entrepreneurs friend on their business trip to Lachau Bazaar. Along the way, we stopped at Sg Tengang Bazaar and had a chit-chat  with some of the long house folks from that area. For the readers of this blog who are not familiar with Sg Tenggang Bazaar, politically it is located  under  N25 Balai Ringin and N26 Bukit Bengunan.

The hottest "coffee talk" topic in that area at this moment is the distribution of the Authorization Letter belong to YB Mong dated 18th June 1997. The letter had given the authorization  for KHO CHEE PENG to invite any potential investor(s) to develop 70,000 acres of NCR Lands on a join venture (JV) basis with the land owners on oil palm plantation at Kelingkang Range (Bukit Bengunan.

The most interesting contents of the letter was how YB Mong Dagang asking for a kickback of RM 1000.00 per acre which will be divided between him and Kho Chee Pheng by 50-50. In his letter he said :-

"I undersigned hereby agree that the investor(s) will have to pay atleast RM1000.00 per acre and after deduction of the up-front to LCDA the balance will be divided 50% to the undersigned and 50% to Kho Chee Pheng".

Please MACC tell us if the above was not considered as corruption?

Based on the above letter, YB Mong and Kho Chee Pheng should be getting about RM 35 Million each.

Some of the names mentioned in the letter as nominees were Bawang ak Deru (unknown to Bukittunggal), Leyta Kupa (also unknown to Bukittunggal) and Henry Yan Masing (Probably James Jemut Masing's brother). The letter, also requested for the above nominees to be registered in the following companies :

(1) Noble Reserve Sdn Bhd

(2) Noble Resources Sdn Bhd

(3) Noble Reward Sdn Bhd

After reading the letter, I now understood as why the JV project between the NCR land Owners and the Investers will never going to make any profit. For instance, the JV Project that involved  the Land owners from Kpg Ubah, Empaling, Isu and Tekuyong. After 6 years, the landowners had never been paid with dividends ( Please do not confuse with the Advance Dividends which were paid to the land owners so far).

I am therefore urging all the land owners of any JV throughout Sarawak to take back your land. Do not go to BN politicians but please see the Pakatan Rakyat politicians in your areas as they will be able to help. As for Bukittunggal, we will convince the landowners from Kpg Empaling, Tekuyong, Isu and Ubah to cease the JV with Kim Loong as soon as possible.

Attached with this posting today please find the Letter from YB Mong Dagang, the Wakil Rakyat for N26-Bukit Bengunan.

Mupok Aku

AGI IDUP AGI NGELABAN

Ant-ISA Demo In London During Anifah Aman Visit

Kuching
Tuesday, 10th Aug 2010

Anifah Aman agrees that the ISA has been abused in the past and that torture in detention is unacceptable

In London, around 30 peaceful demonstrators erected a symbolic ‘mausoleum’ to the ISA, in full view of Malaysian embassy officials and visitors entering the Malaysian High Commission in Belgrave Square to attend a talk by the Foreign Minister.

Mupok Aku

AGI IDUP AGI NGELABAN

Malaysia Cabinet Said Port Klang Loans Were Legal

Kuching
Friday, 6th August 2010

Tun Mahathir Legacy

Exhaustive secret 2007 cabinet memo details approval of billions in loans for ill-starred port project

Malaysia's cabinet, according to a secret June 22, 2007 memorandum, retroactively approved the legality of billions of ringgit in supposedly illegal loans for the increased cost of development at the scandal-scarred Port Klang Free Zone for which a top Malaysian Chinese Association nonetheless has been charged with fraud.

Some websites first uploaded the memo, which Asia Sentinel obtained in translation, as the scandal grew in proportion starting last August. The memorandum is marked "Rahsia" or "Secret." Since cabinet documents come under Malaysia's stiff Official Security Act, passed in 1972, which allows for imprisonment up to 14 years for violating the statute, they have taken it down.

Ling Liong Sik, the 67-year-old former head of the MCA who retired in 2003, has been charged with deceiving the Malaysian cabinet in 2003 over the affair. Ling pleaded not guilty and was freed on RM1 million ringgit bail. Four other individuals have been arrested as well. In addition, sources in Kuala Lumpur say, Ling's successor as transport minister, Chan Kong Choy, an MCA deputy president, was at the center of issuing guarantee letters for bonds for the company building the massive port project before he left office in 2008, despite the fact that cabinet approval was required. There has been no indication yet that he would be charged, although sources in the United Malays National Organization, the leading component of the ruling national coalition, say others may well be pulled in.

Certainly, the 2007 cabinet memo is clear on Ling's actions, but appears to go along with them retrospectively:

"To finance development projects, bonds issued by Special Purpose Companies (Special Purpose Vehicle) which was created by [Kuala Dimensi, the entity given authority over the project]," the memo says. "The bonds have been given AAA rating and attracted the attention of many investors. It is because the previous YB Minister of Transport [Ling] issued a letter of support saying the government will at all times ensure that Port Klang Authority will meet all its obligations according to the duration and number of loans set."

The memorandum indicates that the cabinet knew most of the details about the vast cost overruns, giving a detailed description of the overages on Kuala Dimensi's part, which catapulted from RM 1.088 billion (US$343.05 million) RM 4.63 billion during the course of the project.

The port, whose ultimate cost could dwarf any of former Prime Minister Mahathir Mohamad's previous projects, was conceptualized by Mahathir as a multi-modal development modeled on the Jebal Ali free zone in Dubai , presumably capable of rivaling Singapore, whose efficiency and organizational expertise make it Southeast Asia's regional shipping hub:

"PFKZ has planned to attract foreign investors to Malaysia, to enhance national competitiveness and to make Port Klang as the main load in the region. This project will be a major catalyst in the development of economic activities and development in Pulau Indah," the memorandum says. However, Port Klang, hundreds of kilometers up Malaysia's west coast, is now being rivaled by the Iskandar Development Authority, better situated geographically, next to Singapore itself.

Unfortunately, in addition to the other problems, as Asia Sentinel reported on Aug. 24 and Nov. 27, 2009, the free zone project appears to have turned into a massive scandal, with politicians of all stripes helping themselves to vast amounts of money through artificially inflated land prices, contacts for surveyors and a myriad of other methods.

While the prevailing impression in Kuala Lumpur is that the country's leaders knew little or nothing about the port's development, the secret memo gives the impression that it was closely watched by top government leaders:

"A series of Cabinet meetings have been held since 1999 to consider the implementation of the project PKFZ especially in terms of land acquisition issues and financial allocations," the memo says. "The Ministry of Finance and the Department of the Attorney General have raised concerns about the financial need to be borne by the government and the status of land prices and land ownership issues involved with the project.

"On October 2, 2002, the Cabinet agreed to the purchase of land in Klang for PKFZ after having been informed that the project is viable without government financial assistance and legal issues of land had been settled. A review by the Department of the Attorney General regarding the issue of land acquisition was also presented."

After a lengthy description of the situation, the report concludes: "The Economic Planning Unit, Prime Minister and the Ministry of Transport have no objection to the proposed retrospective approval for the increased cost of development projects PKFZ, Pulau Indah, Selangor and the provision of soft loans to the Port Klang Authority and the government guarantee in relation to the issuance of bonds by Kuala Dimensi Sdn. Ltd."

Significantly, the legality of the retroactive guarantee appears to have been approved by the attorney general, Abdul Ghani Patail as well: "The Department of the Attorney General has no such objections to the proposed terms of paragraph 19 of the Memorandum."

Ultimately, the guarantee of the RM4.63 billion led to potential liability to the Malaysian government of nearly triple that amount – RM12.45 billion if the Port Klang Authority defaults – which a report the port authority's own directors say is inevitable because the port can't generate enough revenue to meet the obligations.

The memorandum paints a comprehensive picture of the cabinet's involvement in the affair.

"Retrospective approval by the government would allow [Port Klang Authority] to remain actively involved in the development of the PKFZ," the report says. "PKA as a government statutory body cannot be left to become insolvent and the government guarantee should be given to maintain the confidence of investors on the bonds issued. Payment obligations to KDSB will start this year in monthly installments of RM510 million and additional allocation should be prepared for 2008 until 2010."

Mupok Aku

This article was originally published in Asian Sentinel

Temenggong Jugah fears on Malaysia still haunts ex-Sarawak DCM

Kuching, Sarawak
Thursday, 5th August 2010

"Anang Malaysia sebaka tebu, manis di pohon, tawal di hujung.”
(Malaysia should not be like the sugar cane, sweet at the head and getting less and less sweet towards the end.)

FORMER Sarawak Deputy Chief Minister James Wong Kim Min, 88, is still haunted by the fears that the Ibans expressed in 1962/63 over the formation of Malaysia. They had their suspicions of the Malayans and worried that Britain, the departing colonial power, would let them down.

My Opinion-Remaung6Renjer

While studying in the Peninsular Malaysia from 1980 until 1985, I could clearly see the big differents between Sarawak (Sabah)  and Peninsular in term of development. To show my frustrated to my friends from Peninsular Malaysia, I always told them that one day, Sarawak (or Sabah) might be following  Singapore to pull-out from the federation. Now, If Putrajaya still not developing the two states fairly, very soon the two states will be out of Malaysia!  

The veteran politician first realised this when the legendary Iban Temenggong (paramount chief) Jugah repeated more than once in his native language: “Anang Malaysia sebaka tebu, manis di pohon, tawal di hujung.”

(Malaysia should not be like the sugar cane, sweet at the head and getting less and less sweet towards the end.)

“His misgivings were shared by many of the other Sarawak leaders as well,” said Wong in a paper to 500-odd participants at a closed door forum, "Formation of Malaysia, a Promise Re-visited and the Way Forward", in Kota Kinabalu over the weekend. The forum was a curtain-raiser to the first official celebration of Malaysia Day on Sept 16.

Wong’s paper, "The Equal Partnership and the Merger Concept of the Federation of Malaysia", was read by Sarawak's Parti Keadilan Rakyat (PKR) chief Baru Bian to an appreciative audience. The former was under strict doctor’s orders not to travel.

The forum was organised by the Borneo Heritage Foundation (BHF) in association with the Common Interest Group Malaysia (CigMA), an ad hoc apolitical movement dedicated to “reversing the recolonisation of Sabah and Sarawak and disenfranchisement of the people”.

Now, nearly 47 years after the formation of Malaysia, Wong still can’t get Jugah’s prophetic words out of his head. It’s like an old musical theme that keeps playing over and over again in his head.

Wong himself has bitter-sweet memories. He was accused of plotting Limbang’s secession from Malaysia. He was incarcerated in 1974 under the draconian Internal Security Act (ISA). He was only released after his Sarawak National Party (Snap) agreed, albeit reluctantly, to join the ruling Barisan Nasional (BN). This was not at all the Malaysia that Wong had expected.

However, there had also been moments of regret earlier for Wong, brought about after Sabah shot down a Sarawak proposal that they federate together with Brunei. This was in the late 1950s as the people of Sarawak quietly explored the various avenues whereby they could be independent. There were dialogues unofficially on the proposal between Sabah and Sarawak for a federation in Borneo.

The Sabahans were not keen, continued Wong, since Sarawak was wrestling with an armed insurrection formented by the outlawed communist movement. The Sabahans told their counterparts in Sarawak frankly that they did not wish to get involved in helping tackle the insurrection since they did not have similar problems.

Also, Sarawak was not a rich state in the late 1950s and seemed to have low economic potential.

“Our 47th year of independence within Malaysia would be an occasion to remind ourselves as to why and how Malaysia came about,” said Wong. “It is also appropriate for us to remember the saying that when one drinks the water from a stream, one must not forget the source from which the water flows.”

This is particularly true of the younger generation, urged Wong, especially those in their mid-fifties and below, who were then too young when Malaysia was formed to grasp and understand the implications.

“But what all Malaysians here must know and understand is that we (Sarawak) did not enter Malaysia, we formed Malaysia together with Sabah, Singapore and Malaya,” Baru read from Wong’s paper to thunderous applause from the audience.

Giving personal glimpses into the formation of Malaysia, Wong recalled that he was in London in 1960 on a Commonwealth Parliamentary Association (CPA) meeting, representing Sarawak, when he was invited to the British Foreign Office for a meeting. Here, they wanted to know his views on the possible formation of a federation of Malaya, Singapore and the British territories in Borneo. He was taken aback but remembers being non-committal.

“In 1961, I was handed a telegram from Donald Stephens at Kuala Baram inviting me to Jesselton (Kota Kinabalu) for a meeting with Tunku Abdul Rahman to discuss his offer of a federation,” said Wong. “It was called the Malaysia Solidarity Consultative Committee (MSCC) meeting.”

Briefly, three more meetings of the MSCC followed in Kuching, Singapore and Kuala Lumpur and endorsed the idea of Malaysia. The Inter-Governmental Committee (IGC) was then formed to discuss and draft the terms and conditions of the Malaysian Constitution. It was based on the Malayan Constitution but with additional safeguards for Sarawak (and Sabah).

“Sarawak negotiators were adamant that the special autonomy reserved for Sarawak must be entrenched in the Agreement (Malaysia) as well as the Constitution,” said Wong. “Otherwise, the idea of Malaysia would be a non-starter.”

Even so, the job of selling Malaysia in Sarawak was a tough one. There was skepticism and doubts of sincerity over the state’s long-term position in the new federation.

The rest is even more history.

But what is significant about Wong’s paper is that he fails to mention the UN referendum in 1963 which found that only a third of the people in Sabah and Sarawak respectively accepted the idea of Malaysia. The rest, in both states, were equally divided between those who opposed the new federation and those who wanted independence first.

“I have often been asked, even today, by people particularly the younger generation whether I had any reservations or regrets on forming Malaysia,” confessed Wong. “I am being asked whether I would have acted differently if given the choice again.”

That would be the verdict of history on Wong and men of his generation. Personally, he feels that it was really a Hobson’s choice for Sarawak in 1963.

The fact that the younger generation is asking Wong questions today is more than telling.

Deep in the kampungs in any part of Sabah and Sarawak, the perennial question among the younger generation is why their states took that fateful decision to help bring about the Federation of Malaysia in 1963.

That will be the question asked again this Sept 16 as the nation celebrates Malaysia Day officially for the first time in 47 years, no doubt thanks to Prime Minister Najib Abdul Razak who is flogging his 1Malaysia theme.

Four other speakers contributed their papers as well. These also went over familiar territory and history as in Wong’s paper.

Briefly, Sabah opposition strongman Jeffrey Gapari Kitingan spoke on the genesis of Malaysia and the way forward.

Sabah Umno veteran Karim Ghani, a translator for the Cobbold Commission, spoke on whether Malaysia was 13 states or one federation with three components and expressed disappointment with his party.

He insisted that Malaysia was one federation and three components. He feels that this could be easily resolved by the respective state assemblies in Sabah and Sarawak.

Sabah Law Association (SLA) representative Sukumar Vanugopal gave a detailed and high technical explanation on the numerous breaches of the 20 Points in the Federal Constitution.

He attributed the breaches to both Sabah and Sarawak being under-represented in the Malaysian Parliament, a point also raised by Jeffrey.

He also warned that the Federal Constitution was being tampered with because of the rejection of the basic structure doctrine by the courts. The Federal Constitution has been amended over 600 times within 50 years compared with the US Constitution which has seen only 27 amendments in the last 200 years, chipped in lawyer Nilakrisna James from the floor.

Former State Secretary Simon Sipaun gave his personal views and observations on the formation of Malaysia which he witnessed as a young man of 25 years. Sipaun, along with former federal deputy minister Kalakau Untol, also moderated questions and brief presentations from the floor and summed up the speakers in his closing remarks.

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