Rationale of Judge’s decision should be transparent

One foreign correspondent was focusing his story on Anwar’s reaction when the judge dispensed his judgement of Anwar’s sodomy case. He saw Anwar to be completely surprised by the acquittal.

The acquittal was a surprise to the Gerakan Bebaskan Anwar 901 that they may have forgotten of the three bombs set to explode when the crowd is supposed to be in the midst of frenzy protesting to an expected guilty judgement.

Both sides were surprised with the judgment.

However, what is most unbecoming is Anwar’s sudden change of opinion of the Malaysian judiciary system. Since he launched his 901 nationwide tours on December 27th, he, his family members and pro-Anwar Pakatan leaders including pro-Anwar bloggers were criticising the judiciary system.

Conveniently, his immediate remark upon his acquittal was that the judiciary system is moving towards greater freedom.

Within less than 12 hours after his last ceramah in Kg Pandan, which he attacked the judiciary system, there had been too few or most likely, no changes in the personnel of judges, of judges, prosecutors and lawyers operating in the judiciary system.

It is likely to be the same system that sentenced Dr Khir Toyo to one year imprisonment for buying a price-justified cheaper house one week ago that Datin Seri Dr Wan Azizah Ismail described as a set-up to sentence Anwar as guilty.

By sentencing Khir Toyo, she claimed the judiciary system would be seen as fair for sentencing a Barisan Nasional leader thus there is no issue of party affiliation when the decision against Anwar is guilty.

Thus, how could the judiciary be any better or any worse after his acquittal? That is the hypocrisy on Anwar. Perhaps, it is a normal hypocrisy of politicians.

The written judgement of judge, Dato Zahidin bin Mohd. Diah, has yet to be available to enable the learned section of the public understand better the basis of his decision. But increasingly many, including the defence lawyers of Anwar, are surprised at Anwar’s acquittal.

Forget the conspiracy theory that judges can be manipulated by politicians.

Leave aside unsubstantiated claims that Anwar’s release was due to the effort of Senator Ezam Mohd Nor, who was brought to see the then Dato Seri Abdullah Badawi (now Tun Dol) by Khairy Jamaluddin in London, to plead for Anwar’s release to enable him to have his so-called back operations in Munich.

Do not even believe that Tun Dol would release Anwar because he refused to inherit Tun Dr Mahathir’s burden and fixed two MCOBA friends of Anwar on the federal court to hear and say nay.

Court decision has to be based on legal rationale of evidences and sound arguments and not of politics and conspiracy theories. Legal rationale can vastly differ from common people’s common sense, speculation and simplistic conclusions.

Until the written judgement is made known, the public have every right to seek answers for every unanswered questions that arise from newspaper reports on the judgement and past court proceeding.

The prosecution’s case is mainly based on Saiful’s testimony in court and forensic DNA evidence. While there are other supporting evidences and testimonies, it is not the main one.

As we understood it, there are other evidences and testimonies that could be introduced but the prosecution team felt it is a straight forward case and sufficiently water tight. There is no need to give room for Anwar to goreng (manoeuvre) into other possible conspiracy theories.

If not for Anwar’s court antics and judge’s high tolerance to his 69 postponements, the trial should not have taken 3 years and 6 months but only 4 months or as long as Khir Toyo’s trial.

Thus, Anwar will still be living with the perception of guilt for his delay tactics, his one week hiding in the Turkish Embassy upon Saiful’s police report, and his reluctance to perform the mubahalah (swear innocence in a Masjid).

The PKR boys on the ground are claiming Anwar had always maintain his innocence as their spin (not answer) to counter any doubts against Anwar acquittal that is still pervading.

The opposition kept saying about maturing politics but still resort to non-factual, simplistic spins and even, childish answers to address issues. But they alone should not be blamed since all political parties practice such communication method to the simplistic and factually adverse public.

There is no way Anwar would have been that confident of his innocence. Not only due to the actions mentioned, Anwar would not have problem being sworn witness in court to be cross examined by the prosecution team to give credibility to his in-court comments.

Anwar would have, without hesitance, voluntarily given his blood sample as DNA specimen to disprove the DNA claimed to be from Saiful’s anus are his. Off course, he would provide it upon requesting certain “personal safety” measures.

Extract from The Star Online report yesterday described judgement basis as follows:

Justice Mohd. Zabidin Mohd Diah said that after going through the evidence, the court could not be 100% certain the integrity of the DNA samples was not compromised.

He said as such, the court was left only with Saiful's testimony, which was uncorroborated, and was reluctant to convict based entirely on this.

Until a written judgment is available to understand the judge’s rationale, the big puzzle on members of the public that ABTW had access to within the last 24 hours is why would the judge raised the issue of DNA evidence in his judgement, after he had called Anwar for defence.

The common reason associated with specimen integrity is usually tampering of specimen.

If our memory did not fail us, the defence lawyers had tried raise doubts on the DNA specimen using tampering of the specimen as issue when cross examining one of the Government Chemist, believed to be Dr Seah.

This was done when the prosecution presented their evidence. If it had been accepted by the judge, Anwar should not have been called for defence. After all, the case is built on only two main evidences - Saiful’s testimony and DNA proof.

Moreover, had there been any issue of relevance on the DNA sample, it would have been on use of DNA sample extracted from Anwar’s drinking bottle, toothbrush and towel while in the police lock-up.

The judge had initially rejected the DNA sample but upon application from the prosecution team, he had reinstated the samples. Thus there is no more issue.

During the defence session, two so-called DNA experts were brought in by Anwar from Australia, namely Associate Prof. David Wells and Dr Brian McDonald. Both had aggressively attempted to negate all aspects of the DNA proof.

Upon cross examination by the prosecution team, one had their credibility as expert seriously in doubt and another had their testimony dissected to pieces. That’s the reason the testimonies of the experts were not given prominence in the wrap-up by the defence team.

In fact, when Anwar’s former spine surgeon, Dr Thomas Hoogland was invited to the witness stand, the integrity of his medical practise were now in serious doubts due to happenings at the Alpha Klinik, Munich.

Hoogland was brought over for Anwar to make a desperate claim of penile dysfunctional. But who would believe with his China Doll sex video at large on the Internet.

As far as the court proceeding as remembered, there were no more problems with the DNA proof. It explains for the need of judges to help the public answer this doubt.

Although judges tend to maintain keep audibility in their court within the confine of only the lawyers, for sake of the judicial integrity, they are responsible to make their judgement and court proceedings in their court transparent to the public, or at least within the legal community.

The written judgement of the judge will be awaited with bated breath by the knowing public. Not only because it is unbelievable to some that Anwar can be scot free, it will mean other sex offenders with DNA evidence pointing squarely at them, will also get away free.

That’s bad news for public safety, especially since Anwar’s Pakatan controlled Selangor and Penang, criminal-linked entertainment outlets are mushrooming even in housing areas. Sex related criminal offenses are on the rise also. So watch your back ...

The Government should assist to help the public understand the judge’s decision. Otherwise, the public may see the Government or Anwar’s side pressure may have had undue influence on the judge’s decision.

MAS: Fools and Bloody Fools

The infamous former Federal Territory UMNO kingpin, the late Datuk Azman Attar had memorable quote: “If you have power make sure you are powerful, otherwise you are bloody fool.”

Looking at the situation in MAS post MAS-Air Asia collaboration, that quote is apt to described the Khazanah controlled and effectively Danny Yusof-led management, and President Alias Aziz-led MAS Employees’ Union (MASEU).

The management have the power and is applying power but not to revive the already accepted and reknown service credible brand of MAS. But instead, the shareholder and management are blindly applying power only to force the wrongful measures that is widely viewed and agreed as cannibalisation of MAS in favour of Air Asia and to destroy MAS in the shortest of time.

Subsequently, they will foolishly be saddled with a bigger problem of Air Asia that can bring down the regional market in the magnitude the Pan El crisis did in the mid-80s to the stock markets of Malaysia and Singapore.

Aren't they really bodoh or fools?

The staff union, MASEU have the power and influence to stop this, but they are either pussycat scared to apply the power within their disposal or perhaps to bodoh to apply it. In the words of Azman Attar, they fit the description bloody fools!

At the initial stage of the MAS-Air Asia collaboration proposal in October, MASEU had threatened to strike if the collaboration were to proceed. If they had done so, it would have taken the management a back and their views would be seriously consulted upon.

As a union representing the lower-end employee, MASEU is affiliated with ITF and it has the power to discipline the management that have been bulldozing their business plan through lies, deceit and rampant conflict of interest.

MASEU could have used their muscle. Read this news below:

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Malaysian airline deal could see workers’ rights eroded warns ITF

International Transport Wokers Union website
Wednesday, 26 October 2011

The ITF has urged the Malaysian government to ensure that workers’ rights are preserved in any future collaboration between Malaysia Airlines System (MAS) and low cost carrier Air Asia. It has been reported that an agreement between the two airlines was reached without union consultation.

In a letter, dated 19 October, to Malaysian prime minister Yab Datuk Seri Mohd Najib Tun Abdul Razak, ITF general secretary David Cockroft outlined concerns that a share swap and collaboration between MAS and Air Asia could lead to the erosion of workers’ rights. This could include the right of ITF affiliate Malaysia Airlines System Employees’ Union (MASEU) to represent and collectively bargain on behalf of MAS workers.

The MASEU, he said, was willing to work with management to help the national carrier maintain its international reputation, increase its profitability and build up its market share. However, the lack of consultation with the union, the well-known anti-union reputation of Air Asia and the planned deployment of thousands of staff to new entities as part of a restructuring exercise had created grave concern among the workforce.

Cockroft said: “The ITF and its affiliates are calling on the government of Malaysia and the management of MAS to work with MASEU and other independent unions, and to act transparently and in good faith in implementing any changes within the airline.

MASEU is open to change but insists on the need to protect workers’ terms and conditions, and maintains the union’s right to continue to represent and bargain for all MAS workers, however the management decides to reconfigure operations within the airline.

MASEU has the full support of the ITF and its affiliates, who are clear that legal devices should not be used to remove or dilute the union’s representation rights in the course of this process.

Without these safeguards, the union would be strongly opposed to any further collaboration with Air Asia.”

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The impact of a MAS worker strike would be a global boycott imposed on MAS at every airport and stops by affiliates of ITF.

In the early stage, Alias was making press statement expressing concern with the viability of the plan. Alias rose to raise points on the failure of Binafikir's WAU plan at the first townhall meeting where two voices rose to ask for an Airliner led management.

Suddenly Alias turned quiet. Word circulating amongst MAS staff and former MAS officials is that Alias is on the take. He can be easily silenced and it is open secret that he has a cabin cleaning contract with MAS.

But why did the members of the union kept quiet when he was posted to Kota Baru, thus running the union from Kota Baru and being out of the loop of happenings in the head office?

This blog had mentioned before of the unions unsuccessful attempt to meet Prime Minister, Dato Najib Tun Abdul Razak. Apart from the probability of Air Asia-X Director, Omar Ong Rasputin blocking from inside, the stumbling bloack was that the various unions in MAS are not a united voice to enable Najib to broker an agreement.

One problem with the unions was that they are not united. Realiable sources claimed the union representing the Managers are only interested to save their own arse by bodeking the new management to lend them support despite knowing Danny Yusof's turnaround plan fall short of being amateurish work and is doomed to fail again.

Every global corporate player knows Airlines are lousy buy. Too many unions, too many regulations. But the MAS unions are not making their presence to thwart plans by the corporate sharks brought in by shareholder Khazanah.

How bloody fool of them to only realise now when the situation have worsened for them to make noise?

Perhaps the union people only realised that management are retrenching staff without paying compensation using underhanded tactic such as moving the whole MAS headquarter to Sepang and in the pipeline using CIMB style to set KPI which not fulfillable by most staff. There are rampant cases of Managers nit picking on staff for 5 minutes train delay.

MASEU made a desperate press statement on December 19 and it was reported by Utusan Malaysia. These days issues against Air Asia will face problems getting press coverage from the major the English and Business newspapers for fear of being denied MAS and Air Asia advertisements.

The Utusan report below:

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Masue minta campur tangan kerajaan

Utusan Malaysia
Disember 19, 2011

KUALA LUMPUR 18 Dis. - Kesatuan Pekerja-pekerja Sistem Penerbangan MAS (Maseu) mahu kerajaan campur tangan dalam pelan pemulihan syarikat penerbangan itu, sekiranya pelan tersebut membabitkan pembuangan pekerja.

Pengerusinya, Alias Aziz berkata, berdasarkan taklimat mengenai pelan itu, nasib kakitangan Malaysian Airline System Bhd. (MAS) terutama anak-anak kapal masih samar.

Melalui taklimat yang diberikan oleh Ahmad Jauhari Yahya, Ketua Pegawai Eksekutif (CEO) MAS itu membayangkan kemungkinan berlaku pembuangan kakitangan syarikat penerbangan itu, katanya.

''Jelas apa yang sedang dilakukan oleh barisan pengurusan MAS ini bertentangan dengan jaminan yang telah diberikan oleh Perdana Menteri, Datuk Seri Najib Tun Razak," katanya kepada Utusan Malaysia di sini.

Alias mendakwa dalam pertemuan singkat dengan Najib pada jamuan buka puasa lalu, Perdana Menteri telah memberi jaminan tiada pembuangan kerja di kalangan kakitangan MAS dalam usaha memulihkan syarikat penerbangan kebangsaan itu.

Beliau berkata, Pelan Pemulihan MAS yang baharu itu tidak mendapat reaksi positif di kalangan kakitangan kerana ia mengelirukan kakitangan.

''Ahmad Jauhari memberitahu mana-mana kakitangan akan dipindahkan ke syarikat-syarikat MAS yang akan dijadikan anak syarikatnya seperti MAS Kargo, penyenggaraan, pembaikan dan baik pulih (MRO).

''Kalau macam itu adakah kakitangan sedia ada perlu berhenti kerja terlebih dahulu, sebelum diagih-agihkan kepada anak-anak syarikat tersebut?," ujar beliau.

Tambahnya, tindakan MAS menjadikan MAS Kargo dan MRO sebagai anak syarikat juga menimbulkan banyak persoalan.

Alias mempersoalkan mengapa setiap kali berlaku perubahan pengurusan, aset-aset MAS dipertaruhkan.

''Dulu Akademi MAS dan bangunan MAS di Jalan Sultan Ismail.

''Sekarang, MRO dan MAS Kargo pula. Tidakkah ada jalan terbaik yang boleh mereka lakukan selain menjual aset-aset yang ada?," tegas beliau.

Dalam pada itu, Alias berkata, Maseu juga kurang senang dengan pembabitan Ketua Pegawai Eksekutif AirAsia Bhd., Tan Sri Tony Fernandes dalam operasi MAS secara tidak langsung.

''Kenapa pengurusan MAS membawa Fernandes berjumpa dengan kakitangan MAS. Bukankah beliau berperanan dalam Lembaga Pengarah sahaja?

''Kami tidak suka dan kami akan terus membantah urus niaga pertukaran saham antara MAS-AirAsia," tegasnya.

Malah, Alias mahu MAS menjawab mengapa syarikat penerbangan itu memasukkan penerbangan AirAsia dalam sistem tiketnya.

''Kami mahu MAS menjelaskan perkara-perkara yang Maseu menyifatkannya ia begitu mengejutkan," ujar beliau.

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Recently, they have been more forceful and divulging, or perhaps, more desperate in lieu of the heightened implementation of butchering program by management, in their press statement as in this The Sun report on December 28th, 2011.

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No to MAS downsizing

The Sun
29 December 2011

PETALING JAYA: Malaysia Airlines’ (MAS) unionised staff are unhappy over a potential plan by its management to downsize the workforce as part of the struggling national carrier’s turnaround plans.

MAS Employees’ Union (Maseu) president Alias Aziz told SunBiz that MAS management had indicated its intention to reduce its workforce during a Dec 16 meeting chaired by MAS group CEO Ahmad Jauhari Yahya and his deputy Mohammed Rashdan Mohd Yusof, which was attended by representatives of Maseu, Malaysia Airlines Pilots’ Association, Airline Workers Union of Sarawak, Air Transport Workers Union of Sabah and MAS Executive Staff Association.

“However, the management did not say how many employees will be affected, although it was told that only 3,000 staff were needed for the airline’s short haul operations which include Firefly and the new yet-to-be-named regional premium carrier (that will be launched by mid-2012),” said Alias on Wednesday.

MAS also wants its employees to first resign from the airline if they opt to join the new regional airline.

Right now, MAS has about 20,000 workers.

theSun had reported on Dec 16, quoting sources, that about half of MAS’s total workforce will be affected by the airline’s business plan, which involves cutting money-losing routes, deploying new aircraft, managing costs and spinning off ancillary businesses.

“We (union members) are not happy with the latest business plan for MAS. We are concern about the impact of cuts on MAS’s unprofitable routes, closing of some stations overseas and spinning off its subsidiaries which may inevitably lead to staff cuts.

“This is not the way to turnaround MAS,” said Alias.

“This (possible job cuts) also goes against Prime Minister Datuk Seri Najib Razak, who had in a meeting with me (as Maseu president) in September gave an assurance that there would be no job cuts nor voluntary separation schemes (VSS) to follow the latest reshuffle at the airline,” he added.

Alias said the union members also disagree with the MAS-AirAsia share swap as they see AirAsia benefiting more from the deal, not MAS.

When contacted on Wednesday, a MAS spokesman said any move to redeploy or cut its workforce is “still a work in progress and we will make announcements when details are finalised”.

“These are still in planning stages. We are now engaging staff through a series of meetings for them to understand our plans and hear their feedback and questions.

“We will engage all stakeholders including the media at the right time when we have the detailed information,” he said.

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Alas Alias, it may be too late. He should be blamed for being a bloody fool.

Simply, after Alias cancelled plans for a strike, his public statements turned meek and issues raised were watered down issue. Below is an example:

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'MAS-AirAsia deal not against anti-trust laws'

Business Times
2011/11/02

AirAsia X Bhd chairman, Tan Sri Rafidah Aziz, said the tie-up between MAS and AirAsia Bhd will not result in monopolistic practices between the two carriers following their share-swap
exercise.

She also said the share-swap would not result in any behaviour that would violate anti-trust laws.

"We (AirAsia and MAS) are guided by strict anti-trust laws overseas and in Malaysia when the competition laws come into force next year.

"We'll never be able to do anything that violates any anti-trust laws," she told a media briefing on the Malaysia-Europe Forum's Roundtable in Kuala Lumpur today.

The Malaysian Competition Commission is currently reviewing the possible impact of the MAS-AirAsia collaboration on the local market, and would advise both airlines on all possible areas.

She said the collaboration may result in cost-cutting for both airlines and it would be beneficial for passengers and customers as they could give better services.

Rafidah said the MAS management must continuously hold dialogues with all levels of its workforce through its unions.

"This is to explain in detail what’s happening and what’s going to happen, particularly to the employees, and the areas of cost-saving which will translate into benefits," she said.

The Malaysian Airlines System Employees Union (MASEU) has expressed dissatisfaction over the explanation given by the management on the collaboration.

MASEU had decided to write to Prime Minister Datuk Seri Najib Razak and wanted to meet him to convey their views and opposition to the collaboration.

It was also reported recently that the International Transport Workers’ Federation (ITF) has urged the Malaysian government to ensure that workers’ rights were preserved in any future collaboration between the two airlines.

The report said an agreement between the two airlines was reached without union consultation.

In a letter dated October 19 to Najib, ITF general-secretary, David Cockroft, outlined concerns that a share-swap and collaboration between MAS and Air Asia could lead to the erosion of workers’ rights.

This could include the right of ITF affiliate MASEU to represent and collectively bargain on behalf of MAS workers. -- Bernama

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Who cares about anti-trust laws? This is a clear case of Tan Sri Rafidah trying to make Air Asia and the collaboration look union friendly. MASEU allowed them have a field day.

From the beginning, MASEU knew that the collaboration will not work and it will not favour MAS and employees. They also knew that the management has no idea of how to turnarund MAS and is merely out to chop chop the company.

WTF are they not asserting themselves? Why should they allow diversion of issue into issues like anti-trust laws? Who gives a Mother's damn?

Let's deal with the long list of foolish work by the fools calling themselves management in another posting.

Answer first, why are the unions and staff are not coming out and be more forceful to protect the company and employees from the corporate sharp devouring the company? Instead, most of the staff are selfishly only interested to save their own skin by leaving the company before others flood the job market.

Bloody fools!

Liar say sorry for lying

Dato Kalimullah Hasan in braces with Lim Kian Onn in an ECM Libra do in 2007

Finally, after undergoing years of court proceedings in two defamation cases, Dato Kalimullah Hasan, the former Group Editor in Chief (GEIC) of the News Straits Times Group agreed to apologise to Tun Dr Mahathir Mohamad for lying in his article written on 11 June 2006 in the New Sunday Times.

Kalimullah agreed to the mutual consent for an amicable solution with Matthias Chang, former political secretary to Tun Dr Mahathr today. Read Rocky Bru here and The Mole here.

In the said article here, Kalimullah made up story that in a trip to Japan, Dr Mahathir wanted to meet now Tun Abdullah but Tun Abdullah insisted that he would "go and see his ex-boss rather than let Dr Mahathir come down to see him."

Personal Assistant to Tun Dr Mahathir, Sufi Yusoff pointed out the error in his reply on MyKMU.net dated June 12 2006.

Extract reads as follows:

Tun Dr Mahathir Mohamad did not seek an appointment with Prime Minister Datuk Seri Abdullah Ahmad Badawi while both leaders were in Tokyo attending the Nikkei Conference.

In fact, it was the opposite. Dr Mahathir was only informed by a third party that the Prime Minister was on the way to call on him 20 minutes before he was due to leave the hotel on May 26.

To this, Dr Mahathir agreed and the two leaders met for about 10 minutes before Dr Mahathir had to take his leave.

Naturally, the liar editor Kalimullah did not release the reply.

Dato Ahiruddin Attan @ Rocky Bru called him a liar in his blog, Rocky Bru. Subsequently, Kalimullah sued Rocky and Jeff Ooi, who also reported it in his blog.

Jeff Ooi has since sought for off-court settlement so that the lawsuit will not spoil his chances to run again in the upcoming general election. While, the court case for Rocky Bru is scheduled for tomorrow.

What happens to Rocky Bru's case after Kalimullah had, by apologising, indirectly admitted he lied?

Not only that, this is not the first time Kalimullah had indirectly admitted guilt. Read Rocky Bru dated June 11 2007 here.

The curious minds would ask as to why Kalimullah is seeking settlement after so many years, he had refused to apologise to Rocky, Jeff Ooi and Matthias Chang. He has been sticking to the story as the truth.

It seems he claimed he is under much stress from the court cases. Perhaps it is true. In the lawsuit and counter lawsuit between Matthias Chang against Kalimullah, Matthias was determined to drag everyone related to the ECM Libra-Avenue debacle.

Kalimullah should be under tremendous stress worrying, if under cross examination, any of the witness spilled the beans on him and exposed the wrongdoings of the Tun Abdullah administration.

Already, Matthias attempted to subpoena Tun Abdulah Ahmad Badawi and Tan Sri Nor Mohamad Yakcop but was rejected by the courts. Tan Sri Azman was subpoened but is seeking court dismissal. Khairy Jamaluddin could not dismiss the subpoena and is schedued to be a witness.

This settlement should be a relief for Khairy who celebrated his Birthday today. Happy Pinky Birthday YB!

Omar Ong Rasputin congratulates Anwar

The Benchmark here revealed Twitter messages allegedly belonging to Omar Mustapha or more familiarly known as Omar Ong.

The blog asked: Are we looking at another 'passport delivery-boy' in action, only this time under a different administration with a different Prime Minister?

ABIITW see another similarity.

Both are neo-liberals selling the country's asset away, dismantling the foundation of this country as inscribed in our constitution and bringing in unbridled neo-iberalism ideology that ignores the historical heritage and colonial baggage of this country.

The book by Raja Petra, Khairy Chronicles documented that Omar Ong as the person who introduced Khairy to Anwar Ibrahim.

During Tun Abdullah era, Khairy played a prominent role in the kitchen cabinet of Run Abdullah.

Omar's Ethos Consulting benefited during Tun Abdullah's administration. And, Ethos still benefited during Najib's administration and more.

Omar is on the board of foreign majority Air Asia-X. Together with Air Asia, both organisation are benefitting from the cannibalisation of MAS planned and executed by the corporate boys of Tun Abdulllah's MoF II Tan Sri Nor Mohamad Yakcop at Khazanah from Binafikir.

Khairy-Pak Lah faction have been in communication with Anwar Ibrahim. Some blog are claiming both both of them are in communication with Tengku Razaleigh. This blogger met witness who say all of them together with some PAS leaders met at Ku Li's residence.

Najib is regularly meeting and seen together in function with Tun Dr Mahathir with the last one at the Proton factory.

Whose side is Najib's wunder boy adviser, Omar Ong with?

Meow meow for Big Cat ... Still on Johor [up-dated]

Meow meow ... Hello hello ...

Big Cat gave a response to our previous posting here, which investigated a lead from Rocky Bru's here.

Far from looking at his view as picking a quarrel, we at ABITW appreciate his response. And we seek his extensive Johor network to investigate and answer some leads.

Big Cat and his commentators here alert us not to look away from Khazanah. They could be doing a cover-up of their wrongdoing at the Medini project, as an example.

That's worth pursuing.

Big Cat also dispell Dato Lim Kang Ho's link to Menteri Besar Dato Gani Osman.

It would mean there is no truth that Lim is de facto MB of Johor, a common heard remark in Johor to imply Lim gets whatever he wish for in Johor.

We are quite aware of the relationship between Lim Kang Ho with Dato Hishamuddin Hussein Onn as fellow Directors in Ekovest berhad. This is Hishamuddin before joined politics and became a Minister. He has long formally left Ekovest.

Maybe Big Cat could help us understand as to why would Gani deal with a corporate personality, who could be a nominee or proxy of another politician? More so, when that politician joined politics with his help to make an opening at his Division's Youth Leader post.

Lim Kang Ho is believed to have had a big role in resuscitating KPRJ. Some said there were two plots of land given to him in exchange for his role.

If it is true, it was kind of sad. So happen "we" know of KPRJ before Dato Gani Osman could think of how to fund his Infra Desa idea. "We" is not ABITW but an entity of a group of professional financial men.

"We" knew well ahead KPRJ will face a problem way before they signed the loan agreement with Perwira Habib Bank (or was it Perwira Affin Bank).

And, "we" knew ahead that KPRJ will resort to use of PLC such as Man Yau Berhad to solve it's problem. Taufik Tun Dr Ismail and Abu Zaroff (now with Scomi) didn't get the financial turnaround of KPRJ job.

Hopefully, Big Cat can confirm with us if it was Tebrau Teguh Berhad that replaced Man Yau as the vehicle.

If so, it poses another qustion. KPRJ claim to be concern for rural infrastructure and common folks housing.

But, why is KPRJ subsidiary, Tebrau moving away from low to medium housing to high end property?

Kesian for the hardworking people of KPRJ. They should blame the older team of KPRJ for not being frugal in their spending. They had lined-up Merc and Bimmers in front of the corporate office. It was Gani that gave them that free hand.

"We" could certainly help but Gani trusted a Singaporean with New Zealand passport, Dato Amiruddin Yusof Lana. He ended asking "us" how to do it.

Gani was turned on by a simple concept paper that was sexy like a mini skirt but hid it's passage to paradise. He saw it as a political move to endear himself with the people. At the same time, he could ride the unpopularity of his former Muar High School classmate and rubbish him further with allegations that only Anwar could dare do such.

Too bad, he was too kedekut to pay professional for their intellectual property i.e. he stole the idea. Stolen goods has no barakah.

While Lim Kang Ho has formally departed ways with Hishamuddin long time ago in Ekovest, it is puzzling that he kept getting endless projects and lands from the state and it's agencies and is in business with state SLCs?

For instance, Danga Bay is bought over by Iskandar Investment Berhad.

Maybe Big Cat could investigate if the the highway to Nusajaya was given to Lim Kang Ho. How much did it cost and how much it should cost?

Like you, we are concern for BN. But, we will not defend them blindly. Wrong is wrong.

Of late, the corporate boys of the BN Government have been shooting BN's own feet. MAS Air Asia is a stark example where more than 100,000 votes may not come BN's way.

Naturally, BN Government have to defend them, be it Khazanah Nasional, Johor SEDC, IIB, NFC, etc. That only worsen the situation and image of BN.

How are we to criticise the Selangor Government for destroying institutions like Yayasan Selangor but we ourselves are destroying the work and effort of institutions that we ourselves built.

How are we going to stand on the podium to claim "Kita perjuangkan nasib orang Melayu" but it is Lim Kang Ho that becomes the kingpin of Johor and Singaporean Peter Lim that is getting the headline of buying land and properties in Johor Baru.

The 100 over Bumiputera entrepreneurs, who agrees to be minority shareholders are under Johor Corp. One has already and 33 more to follow in losing their job and the company they built from scratch, fired by management committee of Johor Corp which is chaired by Gani himself but strangely the CEO is not allowed attendance.

Is that is what improving values to play more social role means? It sounds more like to fore-go the current and existing social role to make the capitalist richer. The latter social role will always be maybe.

Since Big Cat is a great fan of The Benchmark here, do find out about Knusford Berhad. The website here reads the Chairman as Dato Halimah Sadique, a member of Gani's faction. Lim Kang Ho is inside too!

However, it is believed not to be his. There could be other ultimate beneficiary.

So is the case with the grand masterplan for the Johor Baru Central Business District (CBD). Do investigate.

There could probably be something which even anonymous bloggers dare not write.

Since Peter Lim and The Benchmark is mentioned, investigate any truth that the go-between commission for one deal on a TNB land near Stulang Laut that was sold to Peter Lim reaped in RM80 million by booking a left and right accounting entry. Gani or Lim Keng Ho is not accused.

But, who is the ultimate beneficiary?

Another one involves the oil and gas industry in which land gazetted for gas pipeline was hijacked. Now all the oil and gas company have to pay a lanun in yellow. Who is the lanun?

These ultimate beneficiaries and unstated purposes are uncontrollable factors not good for business.

When there is unstated purpose/(s) behind a certain corporate exercise, save us the public from the official communique. It just goes out the other ear.

In these day and age of transparency and information availability, do it properly. Not only, do not get caught, do not also alert suspicion. Otherwise, it will turn into a political campaign issue.

By doing things proper, one ensure BN's victory in the next general election.

The people are convinced that Pakatan Rakyat is not the answer. But they want to be convinced that UMNO has undergone ethical and moral transformation before giving BN the votes. Attacking opposition is not enough.

* Updated 2:55 PM

Did KPRJ's Johar Salim oppose MACC investigation into IIB?

Iskandar or whatever it was called before had been under our radar since Tun Dol announced it as his idea back in 2006.

It is a wrong place to be involved professionally or commercially. It doesn't matter how big a name is thrown in, how giant a company to be involved, so-called billion investment brought in, claimed big name consultant or fool proof system put in place. No one is going to believe it is clean and efficient.

Iskandar is laden with the inexperianced and incompetent but academically padded resume of Tingkat 4 boys!

Even Wan Mohamaed Firdaus attempt to pacify some bloggers sometime back got tarred in feathers. He is the activist of IDEAS, and private assistant of MB Johor Dato Gani Osman. The bloke hardly knows 10% of what's happening and wrongdoings in Iskandar, be it IRDA or IIB.

Imagine ... Gani appointed this undercook 28 year old as Director to check on Tingkat 4's Dato Zaki Zahid, recently appointed Managing Director of Johor Corporation's Kulim

The IIB scandal exposed another of Gani's undercook appointee, but he is significantly older than 28 years old.

An extract from Big Cat's expose on IIB caught my attention, read below:

My friend was among the large group of mid-level management staff who left IIB last year. At that time he told me that he can't stand anymore the antics of a group whom he called "the inner circle".

"If only Arlida had stood up to them," he said, in reference to former IIB CEO Arlida Ariff whose husband was charged with alleged IIB-related corruption several days ago.

Then my friend pointed out something which have been bothering me all along.

"How come no one really linked all this with Khazanah?" he asked before proceeding with several other questions.

"All those people in the inner circle, aren't they appointed to their position by the Khazanah board of directors? I know one of them who started as an assistant vice president and within just over two years had become a director and heading one of IIB's major projects. The guy is just a marketing person and has no technical background. What were the Khazanah BOD thinking when they appointed him? Or was there something else behind it?"

"Another thing is that the E&Y people were send in by Azman (Mokhtar). How sure are the MACC that they did not cover up for Khazanah?"

Seriously, I had these doubts also about Khazanah back then, especially when I observed the manner of how Arlida was told that her services were no longer required by IIB. The way Khazanah distanced themselves from IIB at that time piqued me. I still remember how the Khazanah people washed their hands off the whole thing. What actually made me angry with them at that time is the fact that everytime IIB did well previously, they would had always been there to share the limelight.

So, ABITW is not the only one questioning the competency of Khazanah organisation and claiming nothing impressive of them than their indivial cademic resume. It s part of NMY's rotten network.

When one turn the heat on one side, it is likely to spread, unless one do something about it. Maybe by disclosing something.

Rocky Bru disclosed the following:

In March, Earnst & Young had just completed the audit ordered by Khazanah, the major shareholder of IIB (it owns 60% of IIB, EPF and Johor state government's investment arm Kumpulan Prasarana Rakyat Johor (KPRJ) each owns 20%).

It was reported that E&Y found cases of mismanagement and criminal breach of trust, among other things. Khazanah chief Azman Mokhtar, or Amok to his friends and to bloggers, studied the E&Y report and discussed with stakeholders the next course of action.

Aides said he was keen to invite the relevant authorities in and let them probe deeper the findings of E&Y. Nothing to hide and he wanted the rogues out. He was proposing that Khazanah/IIB lodge a police report and another to the MACC.

Strangely, not everyone was in favour of his idea. A representative from Kumpulan Prasarana (who was, in effect, the representative of Johor state government) who sat on the IIB board, in particular, was not too keen to go along with Amok's idea.

But Amok was adamant and the IIB Board called in the cops in April this year to investigate tbe findings of E&Y.

A certain Board member was adamant that a report to the MACC was unnecessary but the MACC eventually came into the picture, nevertheless.

Who is the Prasarana representative on the Board of Directors trying to cover-up the wrongdoings in IIB which is already infamous throughout Johor?

No, it is not Wan Mohamad Firdaus. The boys is too naive to be ridiculously quick with his optimism and hope. It seemed Zaki Zahid is heard to be on the prowl claiming the Sultan is in his pocket. See The Benchmark here.

Some compilation of background profile was made. Read the following:

Tan Sri Azman Mokhtar - Chairman (Represent Khazanah)
Ganendran Sarvananthan (Alt Director: Zaida Khalida binti Shaari) (Represent Khazanah)
Dato Ghazali bin Mohd Ali (Director of Binapuri and Boustead Hldg, Not known to represent who.)
Johar Salim in Yahya (COO KPRJ, Director/Exe. Chairman, PLS Plantations Bhd (formerly Pembinaan Limbongan Setia Bhd), Chairman and previous MD Iskandar Waterfront, and Director/Exe Vice Chairman Tebrau Teguh Berhad. Represent KPRJ.)
Md Yusof bin Hussin (Former MD of I&P berhad, GM PNB, Director Tebrau Teguh Berhad, Glenealy, TH Pantation, CGC berhad, LaFarge Malayan Cement, etc. Chairman of sub of BNM, TPPT Sdn Bhd and SDRC. Not known to represent who.)
Mohamad Lotfy bin Mohamad Noh (Former GM Property Investment, EPF. Managing Director of Kwasa Land. Have controversy, read APA here. Should represent EPF.)
Dato Ibrahim bin Taib (Senior Management, Deputy CEO of EPF. Should represent EPF.)
Jamil Hajar bin Abdul Mutallib (Iskandar Waterfront, Executive Vice President, CIMB Group Holdings Berhad, former Director Scan Associates, sub of Mesdaq. Should represent Khazanah.)
Mohd Nadziruddin bin Mohd Basri (CFO Khazanah, former Sr Mgr E&Y, Former GM of Project Management & Assurance and Airport Operations, MAS. Should represent Khazanah.)
Dato Syed Mohamad bin Syed Ibrahim (President/CEO)

Our investigation leads us to Iskandar Waterfront which we believe was the Ekovest's former Danga Bay project that was taken over by IIB. It's profile from the Company's website reads below:

IWD’s development is within Iskandar Malaysia (IM), a national project driven by the Federal Government and the Government of the State of Johor.

IWD is a Government-linked company (GLC) through the shareholding of Iskandar Investment Berhad (IIB) at 51.2% and Kumpulan Prasarana Rakyat Johor (KPRJ- an investment arm of the State Government) at 12.3%. The balance of 36.5% is held by Danga Bay Sdn. Bhd., a private property development company.

At the same time, Khazanah Nasional, the investment arm of the Federal Government, holds 60% of the shares in IIB. The Employees’ Provident Fund (EPF) and KPRJ hold 20% each. Incorporated on 10 October 2006, IWD has a land bank of 3,028 acres of prime waterfront land.

The previous members of the Board of Directors of Iskandar Waterfront were:

Arlida binti Ariff (Chairman)
Ganendran Sarvananthan
Dato’ Lim Kang Hoo
Johar Salim bin Yahaya
Madam Lim Hoe
Adlan bin Ahmad
Rosenah binti Mohd Hassan
Hisham bin Zainal Mokhtar
Omar Siddiq bin Amin Noer Rashid
(alternate director to Ganendran Sarvananthan)

Who are the members of the present Board of Directors of Iskandar Waterfront? If the present website is the right source, then these are the current members:

Tn Hj Johar Salim Yahaya - Chairman
Dato’ Lim Kang Hoo - Managing Director
Lim Keng Cheng
Wong Khai Shiuan
Hj Jamil Hajar Bin Abdul Muttalib
Dato Dr.Shahir Nasir
Norliza Suleiman

From one go, it is noticeable that this outfit is now controlled by the people of KPRJ and Dato Lim Kang Ho and one Khazanah rep. Lim Kang Ho is an open secret in Johor. He is widely said to be proxy or business partner of Gani.

The most worried to have police and MACC investigate IIB must be those people who benefit most and is involved in deals that can be controversial.

Mohd Yusof Husin, former MD of I&P could be another Director representing Parasarana. He was known to be close to Gani and invited to play some role in Johr on Gani's return in Johor. However, his resume shows he is on some Government committees and is not active n the corporate scene. He is probably retired.

However, Tuan Haji Johar Salim seemed to benefit the most by the recent management shake-up after Erlida and four Senior VP, including Haji Rostam Razali that admitted guilty, left a year ago.

He has moved from a Director to be Chairman of a company controlled by MB's alleged caicai or Chinese whose a Malay macai.

Being on board of Tebrau Tegas and playing an active role, Johar Salim is alleged to be involved in some controversial deals. It is still not the talk of Johor but merely an undercurrent. The hint given is no one in Johor can resist the demands of Tebrau Tegas.

Members of the Board of Directors and Management of Khazanah Nasional Berhad could be off the hook for awhile until something else surfaces. Already, it is disturbing to see Khazanah absorbed failed executives like Tengku Azmil of formerly MAS and Hisham Hamdan of formerly Sime Darby.

Johor has been in a the spotlight lately with Gani's wrong apppointments to put former Tingkat 4 Dato Zaki Zahid at the helm and a Tingkat 4 clone, Wan Mohamad Firdaus as board members.

Johoreans are screaming murder as to why Kulim is selling QSR and KFC to a joint venture company between Johor Corp (51%) and private equity fund CVC Capital Partners Asia III Ltd (49%).

The JV company has appointed CIMB Investmen Bank Bhd as advisor. That is bad news.

The memory of Khazanah and Tingkat 4 manouvre to takeover 51% of Pantai with Parkway holding 49& but even to buy a pencil requires Parkway's approval, is fresh in the mind of many. Later Khazanah paid a hefty premium to buy over control of Parkway.

Maybe someone should make a report to MACC and let them investigate all of Johor's investment arms like Johor Corporation and KPRJ.

Suddenly many Chinamen close to politicians have active role in GLCs. Could there be hanky panky going on at the tail end of Gani's political career?

Could that be the reason why Johar Salim was against MACC investigation into IIB? He could be worried that it will trace itself to KPRJ and other Johor investments, especially Danga Bay or now Iskandar Waterfront?

Iskandar Waterfront got big plans with Tan Sri Danny Tan's Dijaya. There is a lot to talk of Tan Sri Vincent and Tan Sri Danny Tan beyond business but into the realm of politics. PKR's headquarter is at Danny's development project.

Gani does not care because a Pakatan Rakyat sympathiser, WM Firdaus can be his assistant.

Perhaps, Johar Salim was instructed to cover-up for Nusajaya's ADUN, Datuk Aziz Sapian? He is now under investigation and widely believe he could be charged. If so, who instructed him?

* Updated: 3/1/2012 8:15 AM

Musical Interlude: Welcome 2012 ... You raise me up

May God bless all of us for this new year 2012