Penang CM corruption case, Court to rule on motion anti-corruption act 'unconstitutional'

In this file photo taken on 30 June 2016, Penang Chief Minister Lim Guan Eng and business woman Phang Li Khoon was seen in Penang Sessions Court. Lim was charged with two counts of corruption. The High Court here today fixed March 7 to unveil its decision on a motion filed by two accused parties in the corruption case of Chief Minister Lim Guan Eng, who are seeking a declaration that Section 62 of the Malaysian Anti-Corruption Act is unconstitutional. Pix by Danial Saad

Men of law: DPP Masri (right) leading the prosecution team out of the courtroom after the day’s proceedings.

Court to rule on ‘violation’ motion ahead of CM corruption trial

GEORGE TOWN: The High Court here will rule on March 7 whether Section 62 of the Malaysian Anti-Corruption Commission Act 2009 is in violation of the Federal Constitution.

Chief Minister Lim Guan Eng and businesswoman Phang Li Khoon want Section 62 to be declared unconstitutional as they claim it is against the tenet of “considered innocent unless proven guilty.”

Penang High Court judge Datuk Hadhariah Syed Ismail set the date after the defence and prosecution made their arguments.

Lim and Phang are facing charges under the MACC Act in relation to the sale and purchase of a bungalow in 2014 and separately filed the motion to declare Section 62 a violation of the Federal Constitution in early January.

Phang’s counsel Datuk V. Sithambaram said Section 62 must be struck down as “it is contrary to a right to fair trial and is in violation of the fundamental rights of the accused.”

He argued that the section infringes the accused’s constitutional right under Article 5(1) and Article 8(1) of the Federal Constitution.

“Section 62 of the MACC Act requires the defence’s statement and documents, which would be tendered as evidence, to be delivered to the prosecution before the start of trial.

“However, the right of an accused to be presumed innocent and right to silence are encapsulated in the Federal Constitution.

“Article 5(1) declares that no person shall be deprived of life or liberty save in accordance with law and Article 8(1) dictates that all persons are equal before the law and entitled to the equal protection of the law.

“The court has not called for defence and yet the prosecution is asking for the statement of defence, even before the court decides. This is against the presumption of innocence,” he told the court yesterday.

Gobind Singh, acting for Lim, said the provision favours the prosecution and discriminates against the rights of the accused.

He argued that Section 62 restricted the defence of the accused person by excluding the right of an accused to expand his defence further and produce further documents at the trial.

“It is against the provisions of equality under Article 8 of the Federal Constitution.

He also said the accused could be subjected to criminal consequences under Section 68 of the MACC Act for failing to comply with the Act’s provisions and be penalised under Section 69 of the MACC Act.

DPP Masri Mohd Daud said Section 62 of the MACC Act is not discriminatory and is procedural and a general provision.

“The Act does not stop the defence from making further submissions other than those which had been submitted,” said Masry.

“The arguments that Section 62 contradicts Article 5 of the Con-stitution is far-fetched! Article 5 refers to, among others, the rights to consult a lawyer and the rights to be informed of the grounds for an arrest.”

On June 30, last year, Lim was charged with obtaining gratification for himself and his wife Betty Chew by approving the conversion of two lots of agricultural land belonging to Magnificent Emblem into residential development while chairing a state Planning Committee meeting on July 18, 2014.

The offence under Section 23 of the Malaysian Anti-Corruption Commission Act, carries a jail term of up to 20 years and a fine of at least five times the value of gratification or RM10,000, whichever is higher.

He faces another charge under Section 165 of the Penal Code for using his position to obtain gratification by purchasing his bungalow in Pinhorn Road from Phang at RM2.8mil, below the market value of RM4.27mil, on July 28, 2015. The offence is punishable by a maximum of two years in jail or a fine, or both.

Phang, who is charged with abetment, faces up to two years in jail or a fine, or both.

Both Lim and Phang have pleaded not guilty. Their cases will be jointly heard between March and July.

Phang is respresented by Sithambaram, Hisyam Teh Poh Teik and A. Ruebankumar, while Lim by Gobind, Ramkarpal Singh Deo, R.S.N Rayer and Terence Naidu.

By Chong Kah Yuan The Star/Asia News Network

Related:

MALAYSIAN ANTI-CORRUPTION COMMISSION ACT 2009 - SPRM

www.sprm.gov.my/.../1059-malaysian-anti-corruption-commission-act-2009-act-694

The ACT 694 under the Law of Malaysia, which is also the Malaysian Anti-Corruption Commission Act 2009, received the Royal Assent, gazetted and enforced ...

Penang CM's trial: Court to hear motion anti-corruption act ...

 

Guan Eng and Phang claim trial, bail set at RM1m ... - Malaysiakini

 

Related posts:

Critical time for DAP leader, Penang Chief Minister Lim Guan Eng

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 ...

 

Year in review 2016 - MACC makes record haul in 49 years from top officers of Sabah Water dept 

Corruptions, Conflict of interests, politicians and Malaysian bloated civil service

Ministers may face conflict of interest, says Tunku Abdul Aziz:  "If you have no power, you cannot abuse it. Civil servants hav... 

 

Malaysian Anti-Corruption agency launches probe against Mara chairman, Tan Sri Annuar Musa

https://youtu.be/M4urYR-7-8A   PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) has launched an investigation into the ... 

More big corrupt officials nabbed: Datuk among those busted for graft & mismanagement

Sitting in the lap of luxury: A Mercedes Benz belonging to one of the suspects    Five people, including two former 

Hopelessness among public after rampant fraud & corruption cases, says Auditor-General

RM2bil recovered from audits The Government seldom receives dividends and whenever loans are given to these GLCs, they keep piling up&...

Weeding out the worrying graft and corruption among Malaysian youths and politicians !

MACC deputy chief commissioner (prevention) Datuk Shamshun Baharin Mohd Jamil MACC reveals 'worrying statistics' KUALA LUMPUR...

International Anti-Corruption Day, Work with MACC to fight corruption, Malaysians urged

United against corruption for development, peace and security Aerial group photo of staff in Geneva simulating the Sustainable Developme...

Penang Island City Council, MBPP councilor Dr Lim fed up change not happening in Penang

Stepping down: Dr Lim giving a speech at the council meeting at City Hall, Penang. Dr. Lim tells why he walked GEORGE TOWN: The only

South Korea can’t tackle new Trump Order alone, be prepared new Trump order !

Trump-tanic by Stephff | China Daily

South Korea, in particular, could take a leaf from Japan's playbook on preparing for a face-off and making the right structural reforms.

It’s official. A new world order, aka, the Trump Order, has been set in motion.

Most of us should have been ready for it, since the man had been more than clear about backtracking on America’s global trade policies. And now, in one flamboyant gesture, he has overturned his predecessor Barack Obama’s decision to join the TPP.

As one of the key members, Japan is up in arms. Prime Minister Shinzo Abe has vowed he would continue to try and persuade President Donald Trump.

At the same time, Tokyo appears to be quite ready to face the new threat.

Japan is a country that downplays the number of naval destroyers it has in order to keep its frenemies in check, and to assure them it still has a long way to go in terms of military defense. In reality, Tokyo is armed with seemingly worn-down subs that can actually be made battle-ready at a moment’s notice.

The Abe Shinzo administration has been ready to face off with Trump for a while now, and internal government sources say the foundations have already been laid. Prime Minister Shinzo Abe has already put in motion the necessary structural reforms to wean Japan off of the US or make Japanese firms more competitive in the face of high tariffs. Abe is also preparing to enlist the support of high-profile companies such as Softbank, which has been pledging more investment in America.

Further, Japan is looking to cut loose from China, which has made it clear it won’t play into US hands.

In contrast to Japan and China, South Korea has a smaller say. But that does not mean it has less on the line.

The country stands as the world’s 11th-largest economy in terms of GDP, but it also depends on exports for more than two-thirds of it. So any policy decisions by its chief trade partners are bound to have a profound impact -- even more so now that its internal economic affairs are in a mess due to the ongoing impeachment. South Korea truly cannot afford to have its global partnerships jeopardized.

During his presidential campaign, Trump has already called the US-Korea FTA a failed partnership that has robbed the US of 100,000 jobs. 

The Seoul government should have long been brainstorming a strategy to keep the deal on track, and must readily communicate its plans with the public before the concerns mushroom into something bigger.

The alliance with the US goes far beyond military issues, and the significance should not be downplayed or tainted in any way if Korea is to continue pursuing its national interests.

The strategy should be laid out in such a way to prevent Koreans from harboring unnecessary ill sentiment toward the US, and vice versa. For this, both governments will have to cooperate seamlessly. Trump must realize the contribution that Koreans and the Korean economy are making in the US.

That while it may not be comparable in size to other nations such as Japan and China, there is no going around the fact that in the end, cliche has it may sound, it is indeed a global economy.

Korean firms should take a cue from Softbank and find ways they can offer more support for the Korean economy as it faces the aftershocks of Trump’s latest policy move.

As for the US, it must remember that Korean companies like Hyundai, Samsung and LG have been seeking cheaper entry into the US for years via countries like Mexico and Vietnam.

The change of a regime must not pull the plug on these efforts for the sake of global partnership. And needless to say, the products and services brought into the US also help create livelihoods there, and give Americans what they need.

All of this should not be forgotten or put on a back burner. As already witnessed in the Lehman Brothers meltdown, the intricate web of global trade and finance ensures that the demise of a single company can affect so many more.

But, in a weird and twisted way, I do envy the American people. Sure, there could have been someone better than Trump, who psychologists have branded as narcissistic and delusional.

But for many Americans, Trump is doing what they have only dreamed of doing and saying. To say out loud, that they think America is the best, that they are scared of anyone appearing to infringe upon its beliefs and interests, even at the expense of other nations and peoples. To say that the US won’t play the peace-brokering leader who is constantly mindful of others, including rivals. To say, the US will start acting only for its benefit-regardless of how short-sighted this may be.

To have a president, as strange as he may be, who for now, appears so committed in his campaign, does draw an odd contrast with our embattled President Park Geun-hye who now seems anxious only to cover her own tail.

In some ways, they are similar in that they seem to prioritize themselves. But at least for now, Trump is giving many Americans the promise they need, as twisted or unorthodox his methods may be.

In a similar fashion, but based on a strategic and acceptable approach, Korea should be ready to protect its interests and its people amid the fast-changing global order. And all other players in the economy must be ready to lend a helping hand.

By Kim Ji-hyun 

Kim Ji-hyun is The Korea Herald’s Tokyo Correspondent. The views expressed here are entirely the writer’s own.


Related posts:

South Koreans protest US Terminal High Altitude Area ...

Jul 22, 2016 ... Thousands of South Koreans from Seongju county gathered in Seoul to protest against the government's decision to deploy a U.S.-built THAAD ...

 THAAD will not protect ROK but cripples UN unity on NK ...

Aug 11, 2016 ... However, the US and South Korea went too far and made use of North Korea's nuclear threat to deploy THAAD, which will cause great harm to ...

US-S.Korea must take blame for North's nuclear move ... Aug 24, 2016 ... Pyongyang has paid the price for developing nuclear weapons, so should the US and South Korea for deploying THAAD. Any resolution by the ...

Lonely South Korean President Park Geun-hye faced mounting pressures to resign

Nov 13, 2016 ... South Korea's president said tragedy and “loneliness” drove her to rely on ... More than 2,000 people from Seongju county, where one THAAD ...

People's Daily criticizes USA as " source of turnmoi in the world "

Penang has confirmed the illegal hill clearing cases reported by Penang Forum

Land clearing in Penang is rampant with Civil liberties group, Penang Forum (PF) revealing only 7.4 per cent of the state is categorised as forested land. NSTP pix

Location : Near Lintang Bukit Jambul 1 

Approximate Coordinates : 5°20'38.47"N,100°16'52.82"E

Report sent in August 2016. Photos taken in November 2016 and 2014. PHW Report 15 pix.

  Penang Hills Watch (PHW) | Penang Forum

GEORGE TOWN: Penang has acknowledged that nine out of 29 hill clearing cases on the island, as reported by Penang Forum , were illegal.

Penang Forum representative Rexy Prakash Chacko said state Local Government Committee chairman Chow Kon Yeow and Penang Island City Council (MBPP) had a discussion with them last week.

This came about after the forum’s first Penang Hills Watch (PHW) report on hill clearing cases was submitted to the state on Jan 2.

“They investigated the report and concluded that only nine were illegal clearing activities while the rest were legally permitted land works (14) and natural slope failure (one). The other five cases are still being investigated by the relevant departments.

“The illegal clearing cases have been issued with stop work orders or are being followed up by court action,” he said on Saturday.

Chacko commended Penang’s concern and transparency in responding to the PHW report.

He urged for close monitoring on the nine illegal clearing cases and for mitigation action to be taken to rehabilitate the areas if necessary.

“For those with permits, the forum hopes that the clearing will strictly adhere to the state laws on land works and drainage.”

Chow, when met at Datuk Keramat assemblyman Jagdeep Singh Deo’s CNY open house in Taman Free School, said he had discussed with Penang Forum members about the report and answered their queries.

The public can view the PHW report as well as the response from the state government at the Penang Hills Watch Facebook page (@PenangHillsWatch) or the Penang Forum website, and see them interactively on a map at the Penang Hills Watch page.

PHW, a citizen-oriented initiative to provide a platform to monitor activities affecting the hills of Penang, was launched in October last year by Penang Forum, a loose coalition of non-political civil society groups often critical of the state government’s plans and policies. -  The Star

Related:

Penang Forum launches Penang Hills Watch | Malaysia

Penang Forum against cable car link 

Rainforest study centre on Penang Hill in the offing
Read more at http://www.thestar.com.my/news/nation/2017/02/06/illegal-hill-clearing-cases-confirmed-penang-forum-lauds-states-transparency-in-responding-to-phw-re/#OHTgXuXmFfxg8Wdk.99

Related posts:

Hills clearing in Penang: NGOs not impressed with mitigation work at Botak Hill Jan 28, 2016 ... PENANG'S drainage system is unable to cope with heavy rain falling within a short ..... Penang Forum concerns over hill clearing and flood.

Penang Forum tells Chief Minister: the unmitigated disasters on hill projects 

Penang City Council barking up wrong tree ?

Penang Forum concerns over hill clearing and floods; the Declaration & Recommendation 

Penang Island City Council, MBPP councilor Dr Lim fed up change not happening in Penang

Dec 26, 2016 ... Dr Lim has raised various concerns during his stint as a councillor and forum member on issues related to hill clearing, land reclamation, ...