Let us do more against graft, bring corrupt culprits to court fast !

https://en.wikipedia.org/wiki/Sabah_State_Water_Department_corruption_probe

BY now, it’s clear that many ordinary Malaysians have the perception that corruption in this country has degenerated into a hugely disturbing situation.

To many of us, rightly or wrongly, corruption has become an entrenched culture involving many in the political and government circle.

But who would have suspected that a seemingly innocent department like the Sabah Water Department could end up being investigated for such a staggering amount of money, in what is now known as our very own Watergate scandal.

The Malaysian Anti-Corruption Commission (MACC) seized RM114mil worth of assets – RM53.7mil in cold cash stashed in the houses and offices of two senior Sabah Water Department officials on Oct 4.

Many of the department’s staff, apart from the top two officials, are also being investigated for alleged abuse of power and money laundering linked to contracts for RM3.3bil federal-funded projects channelled to the department since 2010.

MACC has traced RM30mil stashed in foreign banks and another RM30mil in 127 land titles for housing, agriculture and commercial purposes.

That’s not all. MACC also seized nine vehicles worth RM2.7mil, an assortment of jewellery worth RM3.64mil and designer handbags with a value of RM500,000.

To many Malaysians, when the topic is corruption, they would think of the police, customs, immigration, council enforcement officers and authorities with the power to arrest someone, to issue approvals or permits.

These authorities have earned such notoriety through mere generalisation or plain prejudice as there are surely many good and honest officials.

And of course, many Malaysians think lowly of high-level politicians, sniggering over their purported wealth even if they have little evidence and information.

The MACC must be commended for its successful investigations into the Sabah Water Department.

It has, in fact, led to loose talk among Sabahans that the MACC need only check the Facebook postings of some staff, even the low ranking ones, of another government department in the state to see the kind of lifestyle led by some of the workers.

There might not be sufficient evidence but the raid on the department will surely encourage more whistle blowers to tip off the MACC.

Malaysia ranked 54 among 168 countries in the Corruption Perception Index (CPI) 2015 with a score of 50 out of 100.

This is a drop from 50 out of 175 countries in the CPI 2014 with a score of 52 out of 100. High scores indicate a less corrupt perception.

Obviously, the 1MDB issue is a major perception issue and has affected the minds of many Malaysians, contributing to the slide in ranking.

In a 2014 news report, it said that the international accounting firm KPMG’s Fraud, Bribery and Corruption Survey 2013 revealed that an overwhelming 90% of business organisations feel that bribery and corruption is necessary to do business in Malaysia at the moment.

Transparency International- Malay­sia’s first ever Malaysian Corruption Barometer (MCB) 2014 recorded that as many as 45% of Malaysians feel political parties are the most corrupt, followed by the police force, then the public and civil servants, the report added.

It is safe to say that such perception among Malaysians have not changed much over the past few years. It has probably gone worse.

There is little doubt that many Malaysians feel, even with the current blitz on corruption, that the actions against the corrupt have not been sufficiently effective.

The tentacles of corruption, to many, has become so prevalent that no sector in government has become immune – that’s the scary perception even if the reality is otherwise.

It has tarnished the image of our institutions and must have affected investors who want to put money in Malaysia, even if we are seen as a country that is business-friendly.

To be fair, much efforts have been taken such as enacting the Whistle Blower’s Act in 2012 and increasing corruption arrests, as well as publishing the names of more than 1,000 corruption offenders on the MACC website.

There has also been a sharp decrease in business licenses and online publication of government contracts.

But one does not need another survey, although the Performance Management and Delivery Unit (Pemandu) has actually carried out one, which showed that a large segment of Malaysians do not believe that enough has been done to combat corruption.

That’s simply because the perception is that actions have only been taken against those at the lower and middle rungs of government.

If the fat cats – or big fishes – are left untouched, it may actually encouraged the bottom to be corrupt as they may think their bosses are dirty anyway, so why shouldn’t they, too, grease their hands to just pay the bills.

It is incredulous that a country like Malaysia, which has becoming more conservatively religious, are not seeing a corresponding decline in corruption.

Our religious leaders, regardless of their faith, seems to be more preoccupied with religious forms and theological aspects, and forgetting that they can be effective tools in the fight against corruption – not just against the takers but givers.

They should spend more time at their sermons, services and prayers to talk about the ills of corruption, among others – and not be too preoccupied with just politics.

More often than not, we hear the open grumbling of businessmen who lament the corrupt practices, which adds to their cost of doing business but if there are no givers, then, there will be no takers.

Never mind, if others want to give.

Let the policeman issue summons instead of offering a bribe to “settle it”.

If we give, why then are we still complaining about dirty cops?

If we do not do something more resolute now, the young will soon see corruption as an acceptable culture.

If we remember, in 2007, the majority of 1,800 university students interviewed felt it was acceptable to give or take bribes.

Surely, this is troubling. Have we come to this level where many of us can no longer differentiate between right and wrong?

It’s time to wake up, don’t let our beloved Malaysia go down the drain.

On The Beat By Wong Chun Wai The Star

Wong Chun Wai began his career as a journalist in Penang, and has served The Star for over 27 years in various capacities and roles. He is now the group's managing director/chief executive officer and formerly the group chief editor.

On The Beat made its debut on Feb 23 1997 and Chun Wai has penned the column weekly without a break, except for the occasional press holiday when the paper was not published. In May 2011, a compilation of selected articles of On The Beat was published as a book and launched in conjunction with his 50th birthday. Chun Wai also comments on current issues in The Star.

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Developers of toppled Taiwan building detained

Executives face charges over professional negligence resulting in death

Questions are being asked about the building’s construction (Picture: AP)

Three Taiwanese construction company executives have been detained on charges of professional negligence resulting in death following the collapse of an apartment building in an earthquake, killing dozens.

The district prosecutor's office in the city of Tainan said Wednesday that Lin Ming-hui and architects Chang Kui-an and Cheng Chin-kui were suspected of having overseen shoddy construction of the 17-story Weiguan Golden Dragon building, which crashed onto its side during the earthquake Saturday.

It said the three were detained to prevent collusion or other acts that could disrupt the investigation. Among the accusations was that only half as many fasteners had been used in the supporting columns as required.

The death toll in the 6.4-magnitude quake stood at 44 on Wednesday, with all but two of the deaths coming in the building collapse. About 100 people are believed to still be trapped in the debris.

The broadcaster FTV and other Taiwanese media said Lin had changed his name after a previous bankruptcy and had run multiple property development companies in Tainan in an apparent attempt to avoid creditors and bilked clients.

Although the shallow quake was potentially devastating, few buildings were damaged as a result of strict construction standards in force in Taiwan, an island frequently struck by quakes. The Weiguan Golden Dragon building, built in 1989, was the only major structure to collapse in the temblor.

Most of the 320 people who were rescued from the disaster were saved in the hours immediately after the quake, in which the building's foundation and lower floors gave way before it toppled onto its side.

Earthquakes rattle Taiwan frequently. Most are minor and cause little or no damage, but a magnitude-7.6 quake in central Taiwan in 1999 killed more than 2,300 people. More stringent building standards were introduced following that disaster and appear to have been tightly enforced.

The quake struck during the most important family holiday in the Chinese calendar - the Lunar New Year. Celebrations of the holiday in Taiwan have been subdued. - AP

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Regulators act on complaints: MIA to name and shame errant professionals

We have a due process to investigate any complaints made against any of our members,” MIA chief executive officer Ho Foong Moi (inset pic) told StarBiz.

PETALING JAYA: The auditors who signed off on the controversial 1Malaysia Development Bhd (1MDB) accounts will be investigated by the Malaysian Institute of Accountants (MIA).

Confirming this to StarBiz, MIA chief executive officer Ho Foong Moi said this was following complaints made by an Opposition Member of Parliament (MP).

DAP’s Petaling Jaya Utara MP Tony Pua had made two complaints to MIA, one in March and another in May.

“We have a due process to investigate any complaints made against any of our members,” Ho said.

MIA would not say when it aimed to complete the investigation. Ho said the deadline would depend on many factors as the case was complex.

“It also depends on whether we can obtain the relevant documents as well as prompt responses from the relevant parties,” she said.

On how impartial the probe would be, given that several council members of the MIA also work for three firms or the Accountant General’s office – who are involved with 1MDB – Ho said that any conflicted party would not be involved in the MIA investigation.

Three of the Big Four accounting firms were at one time or another working for 1MDB. The three are Ernst & Young, KPMG and Deloitte. The Accountant General’s Department is an authority under the Finance Ministry and advises the minister on who to appoint to the MIA council. Nine out of the MIA’s 29 council members work for the three firms or the Accountant General’s office.

The RM42bil debt chalked up by 1MDB has been the interest of many, but this is the first time the MIA is stepping in.

There have been previous calls for it to check on the auditors. The chairman of the Public Accounts Committee, which is holding an inquest into 1MDB, said he had found some accounting issues.

Datuk Nur Jazlan Mohamed said a few major accounting principles seemed to have been stretched to achieve the unqualified opinion in 1MDB’s 2014 accounts.

He called for regulators like the MIA and the Audit Oversight Board to step up and enforce the law. But the board has made it clear that it has control only over auditors of public listed companies.

The MIA, on the other hand, is a regulator for the accountants in Malaysia. The body has the power to investigate and punish members. It can even bar members from practising. But Ho stressed that the body can investigate only individuals, and not firms.

When the misconduct is less serious, the MIA can reprimand or fine the member. The MIA can also suspend a member for up to three years.

Move to name and shame errant auditors

PETALING JAYA: The regulator of audit firms in Malaysia has raised the issue of firms not fixing problems it had raised during inspections.

To put pressure on such firms, the Audit Oversight Board (AOB) will to make its inspection report public.

“We are concerned that audit firms may have started to be complacent with the deficiencies and issues raised in our inspection reports and have not given the required attention to the effectiveness of their remediation plans as indicated earlier to the board,” said executive chairman Nik Mohd Hasyudeen Yusoff in the AOB annual report 2014.

He noted that while firms have been enhancing their quality control, the board had found little actual improvement.

Last year, the board set stricter conditions for registration. It refused an application for recognition by a foreign audit firm because that firm failed to meet the board’s standards.

Also, the board acted against another firm for failing to meet critical measures on independence.

The board said new and revised standards next year would be a possible game changer to raise the quality of auditing and financial reporting in the country.

It was referring to the rules from the International Auditing and Assurance Standards Board that take effect on Dec 15, 2016.

Nik said these new standards would require auditors to put in key audit matter disclosures in their reports.

This would make the reports tailored to the clients rather than the mostly standard terms and boilerplates.

The board expects this to give more insights “of the risks surrounding a particular reporting entity and some of this may have market impact”.

The annual report said there was no major change in the number of registered and recognised audit firms and individual auditors.

Six major audit firms and four others audited 957 public-interest entities (PIE), covering 98.6% of the market capitalisation of public listed companies in Malaysia in 2014.

Last year, the AOB acted against a firm and two individual auditors.

It was the first time it had barred a firm from accepting any PIE as a client for 12 months. The firm also had to pay a penalty of RM30,000. In the past, the penalties were limited to a reprimand and the highest fine was RM10,000.

Regulator AOB expects and has mechanism to ensure audit firms strictly adhere to the laws

PETALING JAYA: The Audit Oversight Board (AOB), which has taken enforcement actions against two individual auditors and an audit firm last year, expects audit firms to adhere strictly to the laws.

“AOB has in place a robust enforcement mechanism with sufficient safeguards to ensure that fairness and justice will prevail,” it said.

From April 2010 to December 2013, eight auditors were sanctioned for failure to comply with the recognised auditing standards in the performance of their audit of the financial statements of public-interest entities (PIE) and failure to comply with the ethical and professional standards of the Malaysian Institute of Accountants by-laws.

In 2014, action was taken against two auditors and one audit firm.

AOB has prohibited Wong Weng Foo & Co from accepting PIE clients for 12 months. The audit firm was also imposed a penalty of RM30,000.

The AOB has also rapped two registered auditors, Lim Kok Beng of Ong Boon Bah & Co and Chan Kee Hwa of Khoo Wong & Chan, for non-compliance.

They were reprimanded for not complying with the International Standards on Auditing while auditing the financial statements of public interest entities.

In addition to the reprimand, a penalty of RM10,000 was imposed on Lim

Salaries of audit firm employees higher than fees

PETALING JAYA: For the first time in two years, growth in employee costs has outstripped audit fees among Malaysian firms.

While the growth in audit fees has dipped by a quarter from 12% to 9% in the past year, the growth in staff cost has remained constant for the past two years.

There has been higher headcounts in the past year, which rose by 6.6%, according to the Securities Commission’s Audit Oversight Board’s (AOB) annual report 2014. “Based on three years of analysis of the top 10 audit firms, salary costs continue to increase at a higher rate compared with the growth in the audit fees, which is a challenge for audit firms,” the board said.

Staff turnover was also another concern.

While the overall turnover has stabilised at about a quarter of the staff each year, the non-executives were leaving at a higher rate.

“This is a concern as turnover at this level may indicate the lack of attractiveness of audit as a career among younger accountants, which could be detrimental in the long term,” it said.

The report is compiled from 10 top audit firms, which collectively audited 957 public-interest entities (PIEs) covering 98.6% of the market capitalisation of public-listed companies in Malaysia.

The number of registered audit firms had decreased from 83 in 2010 to 52 last year.

The number of registered auditors has remained stable for the past five years. The number of registered auditors rose to 304 individuals in 2014 from 302 in 2013.

The annual report, AOB’s fifth, was released yesterday. AOB also questioned audit deficiencies for major firms. AOB inspects accounting firms regularly to promote and develop an effective audit oversight framework and promote confidence in the quality and reliability of audited financial statements in Malaysia.

Sources: The Star/Asia News Network

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Lawyers who refused to return client RM4.9mil house sale ...

18 Apr 2015

Lawyers who refused to return client RM4.9mil house sale struck off rolls. Singapore's Supreme Court. Latest case is second instance of lawyers being disbarred in two weeks. SINGAPORE — Two senior lawyers were today ...


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Lawyers who refused to return client RM4.9mil house sale struck off rolls

Singapore's Supreme Court.

Latest case is second instance of lawyers being disbarred in two weeks

SINGAPORE — Two senior lawyers were today (April 13) struck off the roll for taking advantage of a client who had transferred S$1.8 million to their wives for safekeeping.

Mr Manjit Singh Kirpal Singh and Mr Sree Govind Menon had claimed that the money paid by Ms Bernadette Rankine was a gift, and had refused to return the money when asked.

After Ms Rankine lodged a complaint with the Law Society, the duo fought proceedings against them, alleging bias by the disciplinary panel president and filing judicial reviews to challenge decisions of the Chief Justice.

Today, the Court of Three Judges – comprising Judge of Appeal Chao Hick Tin and Justices Judith Prakash and Tay Yong Kwang – ruled that the lawyers had been dishonest and ordered their disbarment. “In cases of proven dishonesty, a solicitor will invariably be struck off the roll, regardless of the solicitor’s mitigating circumstances,” the judges wrote.

Mr Singh was admitted to the Bar in 1977 and Mr Menon was admitted in 1998. Ms Rankine had approached Mr Singh for legal advice in 2009, when she wanted to sell her property in Joan Road to live off sale proceeds after breaking up with a Malaysian businessman. She feared her ex-beau would try to prevent the sale of the property, which he did by lodging a caveat against it.

In 2010, the lawyers helped in getting the caveat discharged and Ms Rankine netted S$6.9 million from the sale of the property. She received a S$5 million cheque from the lawyers’ firm and used another S$50,000 to pay her personal assistant. Mr Singh handed her a cheque worth S$1.8 million and the lawyers advised her to issue cheques of the same amount to their wives for safekeeping and future legal fees, which she did.

In Dec 2010, Ms Rankine complained to the Law Society after they refused to return the money. She withdrew the complaint in Nov 2012 after getting her money back, but the Law Society pursued its charges against the duo.

The Society found Ms Rankine’s characterisation of the S$1.8 million payment to be convincing and believable, and said the two lawyers had acted dishonourably and showed no remorse for reprehensible conduct.

The duo had embarked on an elaborate scheme to cheat Ms Rankine, while ensuring the payment could not be traced back to their firm’s account, argued the Law Society, represented by Mr P E Ashokan. Instead of directly transferring the S$1.8 million from the law firm’s account to that of his wife and Mr Menon’s wife, Mr Singh had used Ms Rankine as a conduit so that things would appear above-board, noted the Court of Three Judges.

The judges noted that Ms Rankine had already paid substantial legal fees to the duo and “a gift of this magnitude to a solicitor with whom the client had no previous dealings … simply defies belief”.

Mr Singh also faced a second charge for misusing a S$20,000 cashier’s order from Ms Rankine to pay for an unrelated matter, which the judges said “underlines his lack of...integrity and trustworthiness”.

This is the second time in two weeks that lawyers have been disbarred — veteran lawyer Pascal Netto was struck off the roll last week for professional misconduct that included unauthorised borrowing from a client’s firm.

By Neo Chai Chin chaichin@mediacorp.com.sg

Woman takes due to court over refusal to return RM4.9mil from house sale

TWO lawyers who refused to return S$1.8mil (RM4.9mil) to a client were struck off the rolls on April 13.

The client had transferred the money to their wives for what she thought was safekeeping.

Manjit Singh, a lawyer of 37 years, and Sree Govind Menon, a lawyer of 16, were partners in the firm, Manjit Govind & Partners.

In disbarring them, the Court of Three Judges, with power to censure, suspend or strike lawyers off the rolls for professional misconduct, noted that the pair had acted dishonestly.

javascript:void(0); In 2009, Singh was hired by Bernadette Rankine, then an art gallery owner, to handle the sale of her house in Joan Road, off Thomson Road, which was sold for S$12mil (RM32.5mil).

She had decided to sell the property and live off the proceeds after ending her 13-year relationship with Malaysian businessman Amin Shah.

But her former boyfriend lodged a caveat against the property to block the sale. In February 2010, the caveat was lifted and the net sales proceeds of S$6.9mil (RM18.7mil) held by the law firm were ordered to be released to her.

Singh gave her a cheque for S$5mil (RM13.6mil) as well as S$50,000 (RM135,000) for her assistant’s wages.

A few days later, he gave her a cheque for S$1.8mil, while she in turn issued two cheques, one for S$1.6mil (RM4.3mil) to Singh’s wife and the other for S$200,000 (RM544,000) to Menon’s wife.

Singh had advised her to place the money with their wives for safekeeping, saying that if her former boyfriend launched more legal action against her, her money would be frozen and she would not have the means to pay for lawyers.

Nine months later, she asked them to return the money. When they refused, she complained to the Law Society. They have since returned the full sum.

In April last year, a disciplinary tribunal found the pair guilty of misconduct – Singh for advising her to pay the money to the wives and then refusing to return it, and Menon for agreeing with the advice.

The pair contended that the money was a gift from Rankine but the tribunal found this “inherently absurd”.

Yesterday, the court agreed, saying it was unlikely that Rankine, who needed money for pending legal matters, would give away one quarter of her key asset to the wives of the two lawyers she had known for less than six months and to whom she had already paid fees. — The Straits Times / Asia News Network

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