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Monday, December 5, 2016

Easy to catch the corrupt if with a catch-all clause to tighten anti-corruption laws

"First of all, the Malaysian Anti-Corruption Commission (MACC) can only compel someone to declare his assets. Once the assets are declared, there is no offence."

"It shall be an offence of any person to lead a lifestyle or possess assets which are disproportionate to his or her declared income."

UNTIL October 2006, few people outside political circles knew him. He rose from an obscure railway gatekeeper staying in a one-room quarters at the railway crossing where he was required to raise the barriers to allow vehicular traffic to flow after the trains had passed by.

By the time theSun front-paged the story on his "meteoric rise" and his "palace" which he had built on land meant for low-cost housing, his positions in the party and as a state assemblyman were hanging by a thread.

The late Zakaria Mat Deros (God bless his soul) gained notoriety for building his 16-bedroom house without even submitting building plans. He had not paid the assessment for 12 years on two low-cost units previously occupied by his large family.

So, last week nostalgia came back when the Ikan Bakar man took journalists on a helicopter ride to show the "palace" of a politician – a divisional youth leader in the opposition.

Preceding this, Crime Watch supremo alleged that the inspector-general of police had himself built yet another "palace" in Mantin.

The accusers in both instances asked the relevant authorities to investigate them alleging that they must explain how they got the money to acquire such property.

This prompted a Facebook user to suggest in jest that he wants partners to start a helicopter service for aerial tours to pick out mansions of politicians. In banter, I offered my services and reasoned that I had a good track record.

Over the years, I have come across several ordinary cikgu who became millionaires after their foray into politics. There are scores of "politically connected people" (to borrow a term that has now become the new mantra for banks and bankers) living in similar luxury.

There are also good people who stepped into the dark side unable to resist their own temptation or that of their wives to lead different lifestyles and keep up with the Joneses. There are some female golfers who even have golf bags to match the colour of their attire.

Then there's the average man who is turned over because he can't make ends meet on his meagre salary and many dependants. But the law does not differentiate between the poor, the middle class and the rich. Perhaps, such a factor could be pleaded in mitigation for a lighter sentence.

I have been repeatedly told that being rich or wealthy does not constitute an offence.

An offence only takes place if the money is obtained illegally – corruption, money laundering, criminal breach of trust, cheating and the like.

Asking the authorities to investigate the source of the money is dangerous territory full of mine fields and cluster bombs.

First of all, the Malaysian Anti-Corruption Commission (MACC) can only compel someone to declare his assets. Once the assets are declared, there is no offence.

Second, if he or she is caught with the cash or money in the bank, a non-acceptable explanation would lead to charges of money-laundering – NOT corruption; not getting assets through corruption; not getting money from illegal activities.

We had the perfect opportunity to put it right when former prime minister Tun Abdullah Ahmad Badawi promulgated the Malaysian Anti-Corruption Commission Act to replace the outdated Anti-Corruption Act towards the end of his tenure.

In the proposals was a clause which stated: "It shall be an offence of any person to lead a lifestyle or possess assets which are disproportionate to his or her declared income."

By the time this legislation was presented as a bill in Parliament, this clause had been removed from the original draft. We were then told that several "warlords" within the system opposed the clause because they themselves would have to account for their wealth!

So, instead of putting the onus on the official suspected of corruption to prove he earned the money legitimately, the prosecution has to prove that he had received a gratification. That is difficult because corruption is a victimless crime. Both giver and taker benefit and one usually will not squeal on the other.

In the absence of such legislation, the prosecution usually files money laundering charges. But the core issue of proving that he or she was a corrupt person through the legal process becomes almost impossible. In such circumstances, it leaves Joe Public's imagination to run wild as to the source of the wealth.

Under these circumstances, shouldn't that catch-all clause be re-visited with a view to tightening our anti-corruption laws? Hong Kong has been successful in its fight because such a clause in its legislation empowers officers from the Independent Commission Against Corruption to serve notice demanding explanations from suspected corrupt officials.

If they fail to provide a plausible or satisfactory account of their wealth, they are prosecuted. A few like-minded lawyer-friends had a discussion on this and came to the conclusion that if this clause is incorporated, our prisons would be overcrowded.

From Citizen Nades - Easy to catch the corrupt by R. Nadeswaran

R. Nadeswaran had the benefit of seeing the "new" legislation before and after it was presented and passed in Parliament. Comments: citizen-nades@thesundaily.com

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Saturday, December 3, 2016

Structural defects to blame, stop history repeating itself !

https://youtu.be/7FRTMX53TLc

Sniffing out signs of life: The K-9 unit of the City Fire and Rescue operations looking for possible victims at the site of the bridge collapse near Kampung Haji Abdullah Hukum in Kuala Lumpur.

KUALA LUMPUR: Structural failure possibly caused the collapse of an under-construction pedestrian bridge at KL Eco City near Kampung Haji Abdullah Hukum here.

Department of Occupational Safety and Health (DOSH) director-general Datuk Mohtar Musri said the initial investigation suggested that a defective structure could have led to the disaster on Wednesday.

He said the department would refer to the Construction Industry Development Board (CIDB) and Kuala Lumpur City Hall regarding the quality of materials used in the construction of the bridge.

Works Minister Datuk Seri Fadillah Yusof said a task force has been set up to probe the incident.

He said the result of the investigation was expected to be made public in a month, and that tough action could be taken against the developer if it was found to have flouted safety regulations.

“We can bring them to court, not just under DOSH but CIDB too. Under the CIDB Malaysia Act 1994, they can face a RM500,000 fine or a two-year jail sentence,” he said.

The RM7mil pedestrian bridge linking the planned KL Eco City project to the Gardens Shopping Mall in Mid Valley, which was still under construction, collapsed and killed one worker and injured five others on Wednesday.

The search-and-rescue operation at the site of the incident was halted after it was confirmed that there was no worker trapped underneath the mangled brick-and-iron structure.

City Fire and Rescue Department deputy operations chief Ruhisha Haris said K-9 teams had confirmed that there were no signs of a body.

However, the mystery of the missing construction worker remains.

“We first received information that a worker might have been trapped because a colleague saw him under the bridge minutes before it collapsed.

“A head count by the developer also revealed a missing worker, but they were unable to give us a name,” he said.

The dead victim has been identified as Tran Xuan Vang, 21, from Vietnam. Two other Vietnamese, Tran Van Hai and Luong Van Guyet, as well as Indonesian Nor Syamsi, Bangladeshi MD Jashim and Pakistan national Rais Aman Majid were injured and are currently being treated at Universiti Malaya Medical Centre.

Medical staff were forced to amputate Rais’ left leg on site to save his life.

In a statement issued on the day of the incident, SP Setia, the developer of the project, said it deeply regretted the incident and was working with the authorities in the investigation.

“The project team is still assessing the situation,” it said.

Work on the KL Eco City project – a mixed development comprising three residential towers, one serviced apartments tower, three corporate office towers, 12 boutique office blocks and one retail podium – started in 2011 and is scheduled to be fully completed by 2023.

Commenting on the incident, National Institute of Occupational Safety and Health chairman Tan Sri Lee Lam Thye said the time had come for players in the construction industry to practise their commitment to safety.

“All these accidents are preventable if the person in charge puts into practice good occupational and safety health measures and the site safety supervisor makes sure work is done properly,” he said.

By M. kumar and Nicholas Cheng The Star/Asian News Network

Stop history repeating itself

THE Consumers’ Association of Penang (CAP) is horrified with the news of the collapse of the incomplete pedestrian bridge meant to connect KL Eco City and Mid Valley Megamall in Bangsar, Kuala Lumpur.

Not even a month after a couple was crushed by a piling rig that fell on them at a construction site along Persiaran Astana, Klang, another tragic incident leading to serious injury and death has occurred.

If all the parties involved in the building industry – including the local councils, developers, contractors, architects, quantity surveyors, structural engineers, DOSH and all the others – had carried out their roles and functions efficiently, this could have been prevented.

Despite our repeated calls for the Government to conduct a full inquiry into the operations of the Department of Safety and Health (DOSH), it would seem like the relevant authorities are unable to comprehend the gravity of the situation.

When incidents like this happen, it becomes clear to us that DOSH and developers do not have their priorities right.

Instead of working on preventing such incidents, they wait until it happens before scrambling to take corrective measures to fix the problem.

The issue here is that there are no corrective measures that can be taken once a life is lost; that is not something that can be recovered.

Universiti Sains Malaysia’s (USM) Professor Datuk Dr Mahyuddin Ramli has been reported saying that incidents of this nature can happen when contractors do not comply with safety standards.

In this case, he said that concrete takes at least a week to dry and harden; the wet weather we have been experiencing means it will take even longer.

The USM professor also said that another way something like this can happen is if contractors do not use proper scaffolding during the construction process.

The distance between scaffolds and the size of the scaffolds used are very important as they will vary according to the structure they are meant to hold up.

DOSH’s director-general, Datuk Mohtar Musri, has stated that their initial investigation suggested that the incident happened because the structure was defective.

He said that they need to look into the quality of the materials that were used to construct the pedestrian bridge.

Whatever the cause, the relevant authorities and the public need to be aware that this is just history repeating itself.

If the incident did truly happen because of a structural defect, then it needs to be made clear that nobody can plead ignorance.

DOSH safety officers and onsite safety inspectors should have known about the structural defects if they did exist.

This begs the question of whether or not proper safety inspections were done at the appropriate stages by the relevant parties.

We ask that the results of the investigation into the latest incident be shared with the general public.

CAP would also like to know what happened to the findings from the investigation of previous incidents.

Why has this information not been shared with the public when their lives are also put in danger by the conduct of those at construction sites?

In view of this, CAP calls for penal action to be taken against all parties who have been involved in the project. They should all be held accountable even if they were not directly involved.

By S. M. MOHAMED IDRIS President Consumers Association of Penang

[PDF]The Law of Construction Defects and Failures

Worker killed in bridge collapse tragedy

https://youtu.be/3QFRF_5oRAY

The Star Graphics: http://clips.thestar.com.my.s3.amazonaws.com/Interactive/midvalley/midvalley.mp4

KUALA LUMPUR: A Vietnamese construction worker was killed and five others were injured when a 70m yet-to-be-completed bridge near Jalan Kampung Haji Abdullah Hukum and Mid Valley Megamall collapsed.

The victim was buried in the rubble of the collapsed pedestrian bridge.

As of press time, rescue workers were still searching for a Bangladeshi worker believed to be trapped in the rubble.

The authorities have since mobilised the K9 unit to locate him.

The firemen and paramedics were seen changing shift as the rescue mission continued into the night. Some were heard saying that locating the victim would be challenging.

However, all the rescuers were resolute in their attempt to find the last victim, never once giving up hope.

The five injured workers – two Vietnamese, two Bangladeshis and an Indonesian – were sent to the Universiti Malaya Medical Centre for treatment.

Brickfields OCPD Asst Comm Sharul Othman Mansor said the bridge was 80% completed when the incident occurred.

“We are still investigating the incident.

“We were alerted at about 4pm of the incident and quickly mobilised a search-and-rescue team,” he said at the scene.

Four roads were also affected by massive jams due to the incident.

According to Star Media Radio Traffic, the affected roads were the Federal Highway from the arch, the Kerinchi Link after the Pantai toll plaza, Kerinchi Intersection from Bangsar South or Pantai Medical Centre and Jalan Syed Putra from the Kuen Cheng School till the Robson Intersection.

While the main reason for the traffic congestion was due to certain road closures to make way for rescue workers, traffic was backed up near the mall due to many motorists slowing down to see the collapsed bridge.

Mall patrons, construction workers and curious onlookers were seen crowding the area near the bridge, where it was cordoned off for safety precautions.

By Farik Zolkepli, Jastin Ahmad Tarmizi, and Austin Camoens The Star/ANN

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Govt may handle workplace safety

Fadillah: Independent monitoring likely

KUALA LUMPUR: The Government would like to take over the job of monitoring safety at construction sites away from developers following a string of deaths as a result of mishaps in the last three months.

Those duties, said Works Minister Datuk Seri Fadillah Yusof, may be entrusted to third party organisations that will be given autonomy in the planning, execution and supervision of workplace safety at construction sites.

Usually, these jobs are handled by contractors hired by the project developers but Fadillah said that this would mean the monitoring process was not independent.

Speaking at the launch of the Sustainable Construction Excellence Centre (Mampan), the minister said the suggestion for independent monitoring was brought up by the experts at the centre.

Mampan is headed by the Construction Research Institute of Malaysia (Cream), a subsidiary of the Government’s Construction Industry Development Board (CIDB).

Fadillah said the proposal to appoint third party safety monitors would be implemented first in Government construction projects.

He added that he hoped the private sector construction industry would do the same.

Currently, the Department of Occupational and Safety Hazard (DOSH) monitors government projects but it is reportedly too understaffed to keep track of every project.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players,” he told reporters after the launch.

For now we will have to make do with existing laws. This is why we need a commitment from the industry players. Datuk Seri Fadillah Yusof

He said that Mampan would be a key organisation under the Government’s environmental sustainability initiative for its Construction Industry Transformation Programme.

The centre will undertake research with Universiti Teknologi Malaysia, Universiti Kebangsaan Malaysia, Universiti Sains Malaysia and the Rehda Institute to instil better industry practices, certification and awareness in the construction industry.

“We don’t want to build bridges that have no resilience and collapse when there is a flood.

“Our short-term goal is to position Malaysia as a regional leader in sustainability in construction and to raise the perception of sustainability in construction here,” he said.

Fadillah witnessed the signing of a Memorandum of Understanding between Cream chairman Tan Sri Dr Ahmad Tajuddin Ali and academics from the four universities and research institutes which will be a part of the new centre.

By NICHOLAS CHENG The Star/ANN

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Thursday, December 1, 2016

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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