12
Tel (Editorial): 03-7784 6688
speak up!
No place for sentiments
CIVIL suits have been filed,
reports to the police and
the Malaysian Anti-Cor-
ruption Commission have
been made and they get
the whole nation talking.
Today, after almost five
months since the Pricewa-
terhouseCoopers report on
the shenanigans at the Port
Klang Free Zone (PKFZ)
and its owners – the Port
CitizenNades tion or the prosecution of
Klang Authority, nothing
by R. Nadeswaran
has materialised except
one statement after another
by its chairman, Datuk Lee
Hwa Beng.
For one who has been closely
following the PKFZ scandal, it is not
difficult to disagree with detractors
who claim that this whole episode is
a wayang, and nothing will happen to
those who plundered PKA’s coffers. I
am also mindful of the adage that one
is innocent until proven guilty and
would be reluctant to point accusing
fingers. However, having obtained
information that the three reports
commissioned by the PKA show ir-
refutable evidence of wrongdoings
by various parties has prompted this
question: “If the people who produced
these reports without access to bank
statements, copies of cheques and
vouchers could come with so much
stuff, what about the police and the
MACC which are empowered to enter,
search and seize documents?”
On receiving Lee’s report three
months ago, the MACC set up a 30-
member task force to investigate the
PKFZ issue. From what we have been
told, one of the three reports identify
the culprits, the offences they had com-
mitted, complete with documentation.
So, what is causing the delay?
It is no secret that the prerogative to
prosecute is the attorney general’s and
those who attempted to force his hand
have been told in no uncertain terms
by our courts that the prerogative can-
not be challenged.
But Lee has a right to know the
progress in the reports he had made.
Section 107A of the Criminal Proce-
dure Code states any person who has
given information may request for a
report on the status of the investiga-
tion of the offence complained of in
his information from the police station
TELLING IT AS IT IS theSun | MONDAY OCTOBER 26 2009
Managing Editor: Chong Cheng Hai
Consultant Editor: Zainon Ahmad
Executive Editor: Lee Boon Siew
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Fax: 03-7785 2624/5
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Deputy Editor: Patrick Choo (Production), Tel (Advertising): 03-7784 8888
Editor: R. Nadeswaran (Special Reporting and Investiga- Fax: 03-7784 4424
tions) Email: advertise@thesundaily.com
Budget 2010
where he made the report. evidence to back his claims. The vo-
Prudent yet
forward-looking
The police, the CPC states, luminous report handed to the PKA
shall give a status report by the legal task force, we have learnt GIVEN the simul- ment revenue, it is
on the investigation to the from our sources, has pin-pointed taneous need to the only Malaysian
informant (Lee) not later the activities that are deemed to have strengthen the gov- company on the
than two weeks from the breached the laws. Why then is Lee ernment’s finances Fortune 500 list.
receipt of the request. remaining silent when public outcry and to upgrade the Those who mini-
But there is a caveat. is growing on the inaction? economy, Datuk Seri mise the importance
If the report contains any Couldn’t Lee as the chairman and Najib Razak’s first of an honest and
matter that is likely to ad- the custodian of public funds, walk the budget as prime competent presi-
versely affect the investiga- extra mile for the sake of the transpar- minister was reas- dent in ensuring
suringly prudent Petronas remains
ency and accountability he has been
yet refreshingly one of the best
the offence, the police can trumpeting since he took office last
forward-looking. managed Malaysian
refuse such a request. Are June? Why is he reluctant to ask the MakingSens
they hiding behind this? AG how much more time is needed? But will Budget government-owned
2010 persuade by Tan Siok Choo companies should
If the police are reluctant, When he makes reports, TV cam-
he could seek help from the attorney eras and journalists follow him and many entrepre- look at the cheq-
general, who can direct the police report every word he says. But mak- neurs – local and foreign – to uered history of its Indonesian
to furnish him with a detailed status ing the report and pretending that his step up investment in this coun- counterpart, Pertamina.
report. responsibility is finished is not accept- try? Or will governance issues Under president-director Gen
Why is Lee not using the provisions able. He must make a concerted effort be a bigger determinant in their Ibnu Sutowo, Pertamina became
to keep the public informed of the to follow-up on his reports to ensure decision-making? a byword for corruption and
progress? But even if this fails, Lee and justice is done. Having come so far Involving the three Ps – Pet- mismanagement. In February
the PKA have an option – they can get and having enjoyed the support of the ronas, Proton, and the Port Klang 1975, the oil company defaulted
an order of mandamus to compel the public to clean up the PKA and the Free Zone (PKFZ) scandal – these on US$400 million in short-
AG to prosecute. In Latin, it means mess it has created, Lee must see an three governance issues could term term debt. This forced
“we command”, and such an order is end to what he started. He owes it to spotlight whether economic the Indonesian Government to
issued by a court to compel a govern- the taxpayers who funded the PKFZ. pragmatism will prevail over guarantee all Pertamina’s debts,
ment officer to perform mandatory or Having said that, why have Lee political considerations. then totalling US$10.5 billion.
purely ministerial duties correctly. and the current PKA board spared the Budget 2010 was notable According to research by
Legal dictionaries define manda- previous directors who failed in their for several reasons. First, the Wing Thye Woo and Anwar
mus as a “judicial remedy which is in duties? Shouldn’t the former directors, budget deficit is expected to Nasution, bailing out Pertamina
the form of an order from a superior some of whom are in the same politi- fall from 7.4% of gross domestic caused Indonesia’s debt to ex-
court to any government, subordinate cal party as Lee, be taken to task? He product estimated this year to port ratio to surge from 85% in
court, corporation or public author- must bear one thing in mind: There 5.6% next year, a forecast that 1974 to 114% the following year.
ity to do or forbear from doing some can be no sentiments when it comes to stunned most economists. They estimate more than 80% of
specific act which that body is obliged people’s money. If it was Lee’s money, Trimming the budget deficit Indonesia’s external borrowings
under law to do or refrain from doing, the people will not question his discre- will help boost Malaysia’s rank- in 1975 and 1976 was caused by
and which is in the nature of public tion or the lack of it, but when RM12 ing in the World Economic Fo- Pertamina’s mismanagement.
duty and in certain cases of a statutory billion has to come out of taxpayers’ rum’s Global Competitiveness Another governance issue
duty.” However, it cannot be issued to pockets, he has to decide if he is the Index. Incidentally, another area is the never-ending saga of
compel an authority to do something chairman of the PKA or a party leader highlighted in the WEF report, a foreign partner for Proton.
against statutory provision. trying defend his roost. the need to reduce street crime, Recent news reports indicate
Case laws say that a command to People are fed up of reading about was also addressed through a German carmaker, Volkswagen
do an administrative action or not to the misuse of public funds. They want RM1 billion allocation for the (VW), is again in discussions with
take a particular action must be sup- to see the culprits nailed. The PKA police. Proton about the possibility of
plemented by legal rights. It must be cannot and must not be seen pander- Second, instead of adopting a strategic partnership and as-
a judicially enforceable and legally ing to a selected few. As said before, a scatter-shot approach, tax sembling cars at the national car
protected right before one suffering a the PKFZ scandal and the actions incentives were crafted with company’s underused plant in
grievance can ask for a mandamus. taken against the perpetrators should precision. Five major areas were Tanjong Malim, Perak.
A person can be said to be aggrieved be used as a template in similar cases. targeted in the budget: tourism, On several occasions, Proton
only when he is denied a legal right by If the PKA falters on this, we can say in particular health tourism; in- has been close to reaching
someone who has a legal duty to do goodbye to good governance. formation and communication an agreement with a foreign
something and abstains from doing it. technologies; finance and Islamic partner, including VW. Despite
Lee and the PKA may not want to R. Nadeswaran makes no bones about banking, halal activities and Proton’s need for a foreign
offend the AG but the public are clam- wanting to see the people who stole green technology industries. partner to expand its markets
ouring for the culprits to be brought to public money behind bars. He is editor Third, several budget and enhance its technology, past
book. If Lee had chosen to name them (special and investigative reporting) at proposals could accelerate negotiations failed due to con-
in his police report, he must have done theSun. He can be reached at: citizen- Malaysia’s shift towards a cern about a foreigner becoming
so on the basis that he has enough nades@thesundaily.com technology-rich economy. These a shareholder in the national car
include establishing a National company. For VW, will there be
Innovation Centre, a RM11.3 a repeat performance or will
letter
letters@thesundaily.com
billion commitment to expedite economic necessity prevail?
implementation of high speed Yet another governance is-
broadband and tax breaks for sue is the PKFZ scandal. Despite
green buildings. several high-profile investiga-
Don’t block public roads A bold initiative is the pro-
posed 15% income tax rate for
tions, to date, no one has been
charged with wrongdoing. If
I AGREE with “Safe cities, not gated enclaves” foreigners and locals living and PKFZ becomes yet another
(LocalCounsel, Oct 20). Dr Goh Ban Lee was kind working in knowledge indus- Malaysian fault-free corruption
to interpret the boom gates, cylindrical drums and tries in Iskandar Malaysia – a scandal, this is a continuing
guards to be just “unfriendly” signs. proposed rate well below that extravagance that Malaysia can
Living in a gated enclave in USJ11, feels like in Singapore and one percent- ill afford.
living in an internment camp. Most roads are not age point less than Hongkong’s From an economic per-
only blocked but entire areas are fenced up. So 16%. Traditionally, Hongkong is spective, corruption breeds
visitors should not be offended by the unwelcome the East Asian benchmark of a inefficiency, escalates costs and
display because even residents have no free low tax regime. diverts government spending
access within the neighbourhood. Subang Jaya But will these fiscal offerings to perpetrators’ pockets and
Municipal Council responds to complaints with in Budget 2010 revive private bailouts. For example, some
“Sedang dibincangan” and “tiada dapat keputusan investment sufficiently to be- investigations suggest PKFZ’s
muktamad”. come a catalyst for Malaysia’s costs could balloon to RM12
The Housing and Local Government Ministry economic growth? From 33% of billion – an amount equal to
and local councils are relegating their responsibil- GDP in 1997, private investment Budget 2010’s total develop-
ity to ensure safe living. Allowing residents to take is expected to tumble to an es- ment expenditure on education
matters into their own hands and setting up illegal timated 9.5% of GDP this year, with RM1 billion to spare.
road blocks, is sanctioning a vigilante society. “We data from the Economic Report In short, given the govern-
can’t help you, so you help yourself” appears to 2009-2010 shows. ment’s need to reduce its budget
be the ministry’s message. Or will large numbers of en- deficit, a tough stance against
I dream of when I can take shortcuts to avoid trepreneurs withhold investing corruption is both a moral
Subang Jaya’s infamous jam and driving directly pending the outcome of three imperative and an economic
to my doorstep instead of making a long detour. governance issues that could exigency.
I lament the wasted 30 years earning a living to highlight Malaysian policymak-
create a home, which is slowly becoming more ers’ priorities? Opinions expressed in this
like a prison. Most of all, I mourn the erosion of my Top of the list is the impend- article are the personal views of
rights as a citizen to have free access to all public ing retirement of Tan Sri Hassan the writer and should not be at-
roads, particularly the road leading to my home. Merican, president of Petronas, tributed to any organisation she
The authorities must act now. next February. Not only is is connected with. She can be
Petronas one of the biggest contacted at siokchoo.nsamail@
Jessica contributors to federal govern- gmail.com
Subang Jaya