Horsburgh

Horsburgh - Malaysian version (Source: Singapore Straits Times)

I dont usually like to comment on an ongoing court proceeding but I am rather disturbed by news reports that the Malaysian legal team headed by our Attorney General has resorted to cheating at the International Courts of Justice (ICJ) in The Hague. The Straits Times of Singapore has reported that Malaysia, " in an attempt to convey a subliminal message of proximity between Pedra Branca and the coast of Johor, produced a (plagiarised) photograph which was not an accurate reflection of what visitors to Pedra Branca would see if they were looking towards the Johor mainland ". (Screenshots also has the story, here).

Pedra Blanca or Pulau Batu Putih, we mariners have always referred to this tiny island in the middle of nowhere sticking out like a sore thumb, as Horsburgh - after the lighthouse built on it. I have sailed past Horsburgh many times and I dont recall seeing the Johor mainland up close as in above photograph.

It would be a crying shame indeed if we were to lose Pulau Batu Putih due to cloak and dagger chicanery and ineptitude of our team.

TELL

(Poster courtesy Michelle's blog, The Meesh Experience)

At Tok Mommy's MRT (Mee Rebus Tuesday) yesterday, Rocky gave me a gratis copy of the above latest bumper issue of TELL (News Unglossed) magazine. It is a very interesting magazine started by friends and fellow bloggers and meant for you and me. It costs only RM8.90 (Semenanjung) and RM9.90 (Sabah and Sarawak).

Its now available at newsstands, so get yours today.

Mayday for Justice

This morning I attended a press conference given by the long suffering* former DAP MP for Bukit Bintang Wee Choo Keong (photo) at his Malaysian Democratic Party (MDP) office in SS 2, Petaling Jaya. Also in attendance were about 30 members of the local media and bloggers.

The conference was held to make public two police reports made earlier in March this year by one Thirunama Karasu a/l Kandar Velluppilai, who is now believed to be in hiding fearing for his life, against his own brother lawyer VK Lingam of the now infamous 'Lingam tapes' affair. The shocking reports gave names and allege mind boggling corruption and abuse of power by top figures in the country's judiciary and police, past and present, which would have made a truly incredible Bollywood movie script since the main characters in the plot also involved other siblings in the Lingam family. (For details of the police reports and press statement, read fellow bloggers Rocky and Haris' reports on the press conference, here and here. Malaysians Unplugged Uncensored also has the full reports, here).

It was emphasised by Mr Wee that there was no connection between the police reports and the video tape as revealed by the former DPM Anwar Ibrahim. To date, however, no action have been seen forthcoming by the police and/or ACA.

It is good that Pak Lah has finally given in to the mounting pressure to appoint a Royal Commission of Inquiry to look into the 'Lingam tape' affair and the panel should be given all the powers and TOR it may require. This should be a good start since it has been many years and there is indeed a dire need to restore confidence in our much maligned** judicial system. So lets not dilly dally but go full speed ahead, as we mariners say, and steady as she goes ...

* Read why, here.

** "If by definition a judiciary means an independent, incorruptible and neutral judiciary, then we don't have one" - former Lord President Salleh Abas in today's Malaysiakini.

On the Run

Opposition leader Lim Kit Siang wrote in his blog, here, that he had posed a question in Parliament on Monday – “Why is the government-on-the-run on the RM4.6 billion Port Klang Free Zone (PKFZ) scandal?”. He did not get a satisfactory answer from the Parliamentary Secretary to the Finance Ministry, who had asked that he be allowed to answer by way of written reply, but no firm date was given.

Personally, I have no quarrel with the PKFZ project if it had cost only between RM1.8 to 2 billion. But RM4.6 billion I simply cannot accept. I believe it is terribly important to hear the Attorney General's take on this sordid affair. After all, it was AG's chambers and the Treasury who had objected strongly and recommended that the land be acquired at RM10 psf instead of RM25 psf. Why they were ignored is something I am sure everyone is keen to find out. The Public Accounts Committee (PAC) have surely got their work cut out for them.

But we will have to wait. I believe the AG is now still in Europe trying to get back Pulau Batu Puteh from the Singaporeans.

The Yellow Wave

Yesterday afternoon I was part of a 40,000 strong rally of the people, many dressed in yellow, who marched to the palace in the rain to hand a memorandum to the King to demand free and fair elections. I had started early by LRT to Pasar Seni to meet fellow bloggers. There were all there, young and old, makciks and pakciks with walking sticks and even the handicapped in wheelchairs who were not at all intimidated by the presence of thousands of riot police in battle gear and equipped with water cannons and helicopters circling above.

It was a very peaceful march and the only violent incidents I hear occurred near Masjid Jamek where dozens were tear gassed and pepper sprayed by the police, including foreign journalists covering the event. A number of people have been arrested. (Read fellow bloggers' take on the march here, here and here.)

It was basically a case of the rakyat exercising their right to freedom of assembly to petition their sovereign and a lame duck prime minister trying his damnedest to stop them. Sheeesh.

(Above photo with blogger Anu Radha a.k.a. Galadriel, who upon noticing the letters 'KL' on my cap promptly dubbed me 'Kepala Lanun"...!)

P.S: To "Melayu Lelaki" who has been trying to rile me for the last couple of days: Go get a life. I wonder if your mother knows what you do for a living.

D-Day

Today's the day.

In solidarity with today's march for free and fair elections organised by BERSIH at 3pm, I wanted to paint my blog yellow but just couldnt figure out how. Sheesh.

Er, folks, me old sea legs are really meant for pacing the decks of ships and certainly not for city streets or hills and vales, but will try to make it this afternoon if I can get a ride.

See you all there.

Diwali

To all my Hindu friends, near and far: A very Happy Deepavali or Diwali.

Is he or isnt he

"Court of Appeal President Datuk Abdul Hamid Mohamed has been named as Acting Chief Justice following Tun Ahmad Fairuz Abdul Halim's retirement /STAR". Many thanks, Zorro for the Star's SMS news alert. (My friend and fellow blogger Rocky also has the story, here.)

It is interesting to note that Judge Abdul Hamid Mohamad was also head of a three-judge panel that overturned the former Deputy PM Anwar Ibrahim's sodomy conviction on 2 Sept 2004.

As a former Anwar classmate, many people have asked me,"Is he or isnt he?". Now let me put this to rest. Since we grew up together as 12 year olds eating the same nasi kawah and bathing naked together in the open shower stalls of the Big School, Malay College Kuala Kangsar (MCKK) more than 40 years ago, we his friends would have noticed or known if he had such 'tendencies'. You cannot really hide these things at that age unless you are an Oscar winning child actor or something. And besides, we sailors can usually smell these types a mile away.

Next question.

S.H.I.T.

You may have noticed that I have been saying sheeesh a lot lately. Actually, this is just a bastardisation of the above four-letter word which means crap or dung or whatever we old sailors often use in polite company. Perhaps we can be forgiven for taking liberties with the language when other "normal" people would not.

Someone sent me a light-hearted e-mail some time ago giving the supposedly true origin of this rude word as a nautical term, used when transporting manure as fertilizer deep in the holds of old sailing ships. The message claims that when manure gets wet, it produces methane gas, which can collect in the hold and blow up the ship when someone lights a candle or lantern. To prevent this, crates or sacks of dung were marked S.H.I.T., meaning "Ship High In Transit" to avoid contact with sea water. But I believe that this is also a lot of ... you-know-what.

My friend and fellow mariner Capt. Leibbrandt (you may have seen him playing colonial mat salleh types in some local made-for-TV movies) have confirmed that the word is indeed derived from the Olde English scitte and probably related to the Dutch word schijten, which means "diarrhoea'. Or the Malay equivalent cirit birit.

We are a little mealy-mouthed these days about the word, one of those classic Anglo-Saxon four-letter words, even though it is among the most common expletives known. When it first appeared, though, I believe there were no negative or vulgar associations or connotations about it and indeed some have even claimed that it is a truly pukka original golf term!

Sheeesh.

The Truth Hurts

Fellow mariner Capt Karim Stuart Russell e-mailed me yesterday a copy of an interesting article by Michael Backman, a columnist from the Age of Australia - a favourite holiday destination for our jetsetting politicians, lawyers and judges. Thanks Stu. Read the full article here. (Fellow blogger Jeff Ooi of Screenshots also has the story, here.)

Here are excerpts from the article which caught my eye:

"The third incident relates to an ongoing scandal at the Port Klang Free Trade Zone - Port Klang is Malaysia's main shipping port. Essentially, the port authority was forced by well-connected individuals to buy far more land than planned for the free trade zone and at highly inflated prices, even though it could have compulsorily acquired the land, literally saving billions. This and development costs, and "professional fees", blew out the total cost for the zone from 1.845 billion ringgit to 4.2 billion ringgit. It is a scam of outrageous proportions and is just the sort of thing that is turning foreign investors off Malaysia in their droves."

"Malaysia is truly at a cross-road. It has many good people with great potential but it is slipping beneath the waves of mediocrity, weighed down by officials intent on an orgy of plunder while the ship's captain stands idly by."

Who made this bum captain?

Unless Pak Lah is fast asleep, I believe he cannot afford to ignore damning reports like these by foreign correspondents or else we can kiss foreign direct investments (FDI) goodbye, and thats fair dinkum*, mate.

* Aussie slang for 'the real truth'. I used to think this means 'nice kangaroo' or something ...

RCI

Much has been written and blogged about the 'Lingam tape' biznes and I believe this is getting a bit out of hand. Malaysiakini today reports that former deputy premier Anwar Ibrahim who has insisted on a Royal Commission of Inquiry (RCI) has said 'no way' to the Anti-Corruption Agency's demands that he hands over the original full version of the tape or face imprisonment. This will effectively put him out of the race for the next general elections. Sheeesh.

As for the recent Seagull Express ferry mishap, fellow mariner Capt. Karim a.k.a. Capt Abdul Karim Stuart Russell asserts that "superficial investigations are only scratching the surface, there must be a web of malpractices awaiting exposure and there will be many others who should be thoroughly investigated for possible criminal neglect, dereliction of duty, bribery and corruption, and even other even more serious offences like manslaughter." As such, short of a Royal Commission of Inquiry, a truly professional and " independent Marine Accident Investigation Board should be established to properly investigate the ferry disaster and all other marine accidents."

I fail to understand the government's morbid fear of RCI's or any other independent and all-powerful inquiry panels to get to the bottom of things, but we can all have a pretty good guess, eh?

Footnote: Above photo taken at Anwar and Azizah's 'open house' on Sunday. Besides meeting other former MCKK classmates, I also bumped into Lim Kit Siang, fellow blogger Nathaniel Tan and an old friend and former Penang Port Commission chairman Dato Zaharin Hashim.

PAC visits PKFZ

The Public Accounts Committee (PAC) led by chairman Dato Shahrir Samad visited the scandal ridden Port Klang Free Zone (PKFZ) in Pulau Indah today. Watch above Malaysiakini video from You Tube. (Click on arrow to play).

PAC could not have seen much development taking place and I can gather from Shahrir's tone of voice that he wasn't very impressed although he must have been told that everything was peachy and according to plan, i.e. mengikut perancangan. There is also the Attorney General's testimony in the offing about procedures and questions about the land procurement.

Was the bail-out oso 'according to plan', meh?

That Sinking Feeling

(Source: the Star online)

Today's newspapers and Malaysiakini reports of a maritime disaster off Mersing where "survivors of a Malaysian ferry fire which left four dead and four injured described a terrifying scene as the ageing vessel filled with smoke, forcing them to hurl their children into the sea". The Star reports of the ferry Seagull Express that "On Saturday, 4 passengers of the ferry drowned while 99 others, including 3 crew members, were plucked out from the sea after the vessel caught fire while on its way to Pulau Tioman. Three other passengers are still missing."

Sheesh. I have always thought that this sort of thing can only happen in places like the Philippines or Indonesia where they are very relak about safety standards. But here in Malaysia? Obviously heads must roll and as usual the Ministry of Transport will just await reports which will take some time coming.

Fellow mariner Capt Karim comments in my previous blog about the possibility of criminal negligence on the part of authorities and recommends the setup of an independent professional Marine Accident Investigation Board tasked to investigate all marine casualties. This is especially so as in the past, "maritime incidents have been poorly investigated and shortcomings have been simply swept under the carpet. In many cases the guilty were not punished. Innocent lives will continue to be lost at sea if the typical Malaysian lackadaisical 'tiada apa' attitude continues unchecked."

I do concur. Only when innocent lives are lost are the wheels of government usually set to turn. Here I was told that in the case of the PKFZ debacle or the current mess in the judiciary and unlike the Hong Kong BMF scandal where someone, an accountant I believe, was murdered, we can forget about Royal Commissions of Inquiry. Unless someone gets bumped off first, that is.

Eid Mubarak

I used to send out greeting cards by the hundreds, or rather my secretary did, but stopped doing so when I went into early retirement some years ago. I have also not received any since, well maybe a few, at about the same time. Its not that I am a cheapskate or something but somehow greeting cards have never really meant much to me. This is probably a throwback to my sailing days when we seamen will usually receive our mail after many days, even weeks after the fact when we reach a main port of call. A bit of a dampener you will agree.

So here's wishing everyone Eid Mubarak or Selamat Hari Raya Idilfitri as we say it here in Malaysia. To all those driving balik kampung, remember that you may be the best driver in the world but its the nut on the other side of the road you will have to worry about.

Time Out

Sorry folks that was a long time out indeed.

Its just that after a half a century of fasting during Ramadan, you realise that you are no longer a spring chicken and it takes a toll on you. You are not really your usual sweet self. You lose a few kilos which you will undoubtedly put on again after a couple of weeks and try as much as you like to kick your nicotine fix habit, the last stick puff after sahur is still the best yet.

Ah well, still a couple of days to go.

Whither PAC?

OK, so I was wrong.

I must confess I was greatly encouraged at the outset by the fact that a couple of senior members of the Public Accounts Committee (PAC) appeared convinced that there was no way that the perpetrators in the Port Klang Free Zone (PKFZ) debacle could escape what was coming to them. Suffice to say that I am very disappointed now though I am not that naive to have expected anything much. Quite evidently there were greater forces at play. Also in question is the lack of political will and precise terms of reference for PAC to make it truly effective so as to provide the necessary checks and balance for the whole system.

So Shahril, before you expose yourself further as a liar and a cad (in the holy month of Ramadan too) and a poor excuse for a chairman of PAC, please get the Attorney General to explain why the PKFZ land was acquired at such an exorbitant price. We are quite sure now what his learned answer will be, beyond any shadow of doubt.

Perhaps the only way out of this wayang kulit farce is to press for the setting up of more independent Royal Comissions of Inquiry (RCI) but then again, past experience has also shown that RCIs are really no guarantee as panacea for the country's ills. But it is a start and definitely a step in the right direction.

A Right Royal Mess

There comes a time in a man's life, when faced with such a right royal adversity and a right royal mess in the country's law making institutions, he may just say what the fish, why do I givashit, maybe I should just roll over and play dead.

I salute the country's lawyers for saying "enough is enough" and demanding the set up of an independent Royal Commission of Inquiry to sort out the mess in the judiciary. This is probably the only way out for all of us to get to the bottom of things, including the RM4.6 billion Port Klang Free Zone (PKFZ) fiasco.

After the latest Public Accounts Committee (PAC) hearing, I have reasons to believe that some PAC members may now want to scuttle the PKFZ issue. (Malaysiakini reports that chairman Dato Shahrir Samad is set to retire, so dammit sir, here's a chance for you to do a last decent thing before you go and sail away into the sunset). But some interesting points have now emerged:

> Jebel Ali Free Zone Authority (JAFZA) carried out the 'study' for the project.

> It was Jebel Ali's suggestion of '1,000 acres". (I believe and some maintain that Jebel Ali actually mentioned two phases.)

> On 3 November, 1998 Bintulu MP Dato' Tiong King Sing acted as sole land sale representative of Kuala Dimensi Sdn Bhd..(A damn right royal sinister situation here, old bean. More on the role of the so called Foo Chow Mafia later, and guess who is the numero uno Foo Chow in this country?)

> The government Valuation Department did four separate valuations on different lots of the 999.27 acres.

In Nov 98, the Department's valuation was RM 17 psf,
in May, 2000 RM 18 psf and
in Sept 2000 RM 21 psf.
But in August, 2001, the valuation for acquisition was only RM 10.16 psf.!

> The Attorney-General will be invited by PAC to give his version of the proposal to acquire the land. Had the Selangor State more power than the Federal government, so much as that it could insist on the purchase of the land? When the Federal Government acquired the KLIA land in Sepang, the State Government could not or did not veto. (Some may recall at one time the site of the PKFZ in Pulau Indah was also considered for the new KLIA. Go figure).

A right royal mess indeed, and we also truly need an independent Royal Commission of Inquiry to sort out of this quagmire.

Letter to PAC

22 September 2007

YB Dato’ Shahrir Samad
Chairman,
Public Accounts Committee.

All Members,
Public Accounts Committee.

YB Dato’,

PER: PORT KLANG FREE ZONE (PKFZ) INVESTIGATION BY PUBLIC ACCOUNTS COMMITTEE

As a concerned citizen I strongly believe that the Public Accounts Committee (PAC) has a moral responsibility to the rakyat to seriously look at the massive cost overrun that has taken place in the development of the Port Klang Free Zone (PKFZ). I also strongly believe that PAC should rightfully address the issue of possible Criminal Breach of Trust (CBT) on the part of the officers given responsibility to carry out this project and not restrict themselves as to whether the project is indeed a ‘bail-out’. The issue of a bail-out has become that of public concern due to the commitment given by the Prime Minister when he took over office. One should not however forget as to why this bail-out comes about. I have reasons to believe total mismanagement with intention to cheat the Government and to amass ill-gotten gains seems the reason for the massive cost overruns. All issues from the very beginning to the final commitment to a tune of RM4.6 billion were carried out without moral responsibility, accountability and good governance towards the organization and the nation.

2. In this regard, I would like to appeal to the Committee to seriously take into consideration the various issues under two sub-headings that have been raised in the attached document. One is related to bail-out. The next which I believe is more serious, is the issue related to a CBT. In my opinion this is a serious matter as this has become a point of contention among Malaysians. If this is not addressed and the culprits brought to book, what will become of rules, regulations and procedures? I am certain that if these are not adhered to, it will lead to a total collapse of the Government machinery.

Best regards,

Capt. Yusof Ahmad
The Ancient Mariner
http://cyusof.blogspot.com/

PKFZ = CBT?

I get the feeling I may have started to sound off like a broken record to some with my seeming 'obsession' and single minded pursuit of this Port Klang Free Zone (PKFZ) thingy, but what the fish, I reckon I do have some measure of locus standi or whatever since I am a former employee of the port. My simple objective is to see justice done and to throw the book at the crooks involved in this blatant cheating of the rakyat, without fear or favour.

This morning, together with a couple of former port colleagues I went to meet veteran politician and MIC vice president YB Tan Sri Dato Dr. K.S. Nijhar (photo) at his office in Bangsar. The YB is also MP for Subang and a member of the Public Accounts Committee (PAC) which will meet again next week on the 25th and 26th September for another round of inquiry into the PKFZ debacle.

The meeting was very cordial and I briefed the YB about points which I have raised earlier in my blogs. I also emphasized the need to call a couple of very important Lembaga Pelabuhan Kelang (LPK) officials who were somehow inadvertently left out during the first inquiry. The main issue is simply to find out why government procedures on matters involving huge sums of money were not followed, which led to the port being saddled with a massive debt and have to be bailed out with a dubious 'soft loan'. The rakyat must be told if there were deliberate attempts by certain quarters to mislead the government for monetary gains and hence they should all be guilty of criminal breach of trust (CBT).

We also discussed the powers and limitations of the AG and PAC and where do we go from here, etc., etc.

Footnote: Above photo is from the Malaysian Parliament website. I had brought my camera but Tan Sri Nijhar politely declined to be photographed with me lest he be accused of trying get publicity to gain political mileage. Sheeesh.

PKFZ in Fairplay

The Public Accounts Committee (PAC) chaired by Dato Shahrir Samad will meet again on Tuesday 25th for another round of probing into the Port Klang Free Zone (PKFZ) scandal. Despite an almost complete blackout of all news on the subject by our newspapers, the international shipping weekly Fairplay, a more than a century old publication of the influential Lloyd's Register of London has again picked up this story of our national shame and featured it in a recent edition:

Newswatch
Fairplay International Shipping Weekly
06 Sep 2007

Klang a microcosm of Malaysia’s malaise
A scandalous land deal involving Port Klang Authority escapes public scrutiny. Jaya Prakash reports that the backlash is likely to affect coming elections.

AN EMBATTLED Port Klang Authority has escaped public scrutiny for cost overruns of more than $1Bn that have been incurred in operating a free-trade zone. The case appears to be a microcosm of a deeper malaise that runs through Malaysian business.

Port managers have spent several months battling media and public hostility over the controversial – some say scandalous – decision to acquire a land holding tagged at $7 per square foot from Malaysian company Kuala Dimensi. The same company had earlier bought the same plot at an unbelievably low price of $0.86/ft. Kuala Dimensi is headed by Azim Zabidi, who is a politician in Malaysia’s ruling United Malays National Organisation.

There have also been ethical issues involving high-ranking Port Klang Authority executives contracting work from companies in which they had pecuniary interests. This work was directed toward developing 500 warehouses in a 400ha of land in Pulau Indah. Any prospects for a full disclosure of the circumstances leading to the free-zone deal appear to have evaporated on 27 August, when Ramli Ngah Talib, speaker of Malaysia’s parliament, opposed an ‘urgent motion’ by Lim Kit Siang, leader of the country’s political opposition, for a debate on the free-zone issue. Lim spoke to Fairplay about the conflicts and stressed the importance of bringing “culprits to book”.

The free-zone issue is a test case of Prime Minister Abdullah Badawi’s 2003 pledge that the government would not bail out failing companies, declared Lim. He added that now that a bailout has indeed happened, the government’s move amounts to a “U-turn” of Badawi’s pledge. The debacle only scratches the surface of something deeper and more sinister, he continued. “It has to do with the entire system,” he warned, leaving few in any doubt that the issues go wider than just the managers at Port Klang Authority.

In 2003, the port authority was declared “financially insolvent” by the country’s auditor-general. Despite the finding, however, no investigations have ever been commissioned to get to the bottom of the Klang crisis.

In statements given to Fairplay, Transparency International Malaysia spoke of serious repercussions for Malaysia. TI-M president Tan Sri Ramon Navaratnam said: “The absence of investigation could raise serious concerns over the apparent lack of good governance. In Malaysia, we have a lively parliament with a significant opposition, and we hope the debate will continue and the electorate will follow the debate.” Navaratnam added that TI-M is prepared to help combat corruption alongside a newly commissioned Public Accounts Committee, which is to investigate Port Klang Free Zone.

Fairplay first reported on investigations into the free-zone issue in May, parallel to reports by Malaysia’s fiercely independent political portal Malaysiakini, among others. The effective closure of public debate will now push the discussion underground, which could prove costly for Badawi’s administration in an election year. He has already bailed out other failing corporations.

A letter to Malaysiakini last month slammed the transport ministry for denying any instance of fraud, irregularity or malpractice in Port Klang Free Zone. If allegations to the contrary are correct, the writer surmised, the only conclusion to be reached is that the port’s managers were simply incompetent and showed no organisational ability and hardly any knowledge about management.
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