Friday, July 30, 2010

Don’t stop with Dr Ling, go after all of them


UPDATED @ 01:57:20 PM 30-07-2010
July 30, 2010
Leong wants more than just Dr Ling charged. - Picture by Choo Choy May
KUALA LUMPUR, July 30 — The arrest and charging of Tun Dr Ling Liong Sik  with cheating has only whetted appetites, and the clamour to go after all those linked to the disastrous Port Klang Free Zone (PKKZ) will only grow as the trial proceeds. 

PKR treasurer William Leong said today that all those who were involved in the Port Klang Free Zone (PKFZ) scandal must be charged by the Attorney-General (AG).
The Selayang MP said that the Malaysian Anti-Corruption Commission (MACC) and A-G must not stop at Tun Dr Ling Liong Sik but must rope in other notable persons.

“In order for public confidence in the government institutions to be restored, all the other persons involved in the PKFZ scandal must be charged without delay and the prosecution must conduct the trial in a professional and diligent manner.

“I call on the Attorney General to take the necessary action to bring a proper closure to this PKFZ scandal that may cause the Malaysian taxpayers RM12.5 billion,” he said in a press statement.

Yesterday Dr Ling Liong Sik was charged with cheating here today over the scandal hit Port Klang Free Zone (PKFZ) project.

The charges concern land evaluations under the penal code with the principle charge under section 418 with the alternative charge being 417.Punishment for offences under section 417 carries a jail term of not more than 5 years and not more than 7 years under section 418.


According to the penal code, section 418 concerns “Cheating with knowledge that wrongful loss may be thereby caused to a person whose interest the offender is bound to protect” while section 417 concerns “Punishment for cheating.”

Leong said that the A-G must no longer delay and prosecute irrespective of office and position.

“All persons irrespective of the office and position who are involved must be charged and tried for their offences in abusing their office and the trust placed by the people on them or for cheating the Government. Those who have abetted, assisted or have received the benefits of these crimes must also be charged, tried and convicted.

“The police, MACC and the Attorney General must not delay further in charging all the others. Failure to do so will raise the issue that the authorities practise selected prosecution,” he said.

Leong added that the Dr Ling’s trial will determine the government’s political will to fight corruption.

“It has taken nearly 3 years for the police and the Attorney General to charge the former Transport Minister and Ex-MCA President for cheating the Government into buying the PKFZ land at a substantial over value. The Sun had revealed the scandal in August 2007 and it is only on 29 July 2010 that the former minister has been charged.
“The reasons given by the authorities for the delay have not been convincing. 

The delay has given rise to suspicions by the people as to the political will of the Government to tackle corruption especially by those holding high positions of power and influence,” he said.

Dr Ling led MCA from 1986 to 2003. The PKFZ project was mooted during his tenure as Transport Minister and the cost of the project, initially estimated at less than RM2 billion, more than doubled to RM4.6 billion by 2007.

The cost of the project is expected to swell further to as much as RM12.5 billion due to interest costs from deferred payments if the trans-shipment hub fails to perform.

According to the charge sheet, Dr Ling is alleged to have deceived the Malaysian government between Sept 25 and Nov 6, 2002 by deceiving the Cabinet on Level 4, Prime Minister’s Office, Bangunan Perdana Putra in the Federal Territory of Putrajaya, into agreeing on the land purchase in Pulau Indah for the mega distribution hub project in Port Klang according to the terms agreed to between Kuala Dimensi Sdn Bhd and the Port Klang Authority.

The terms in the agreement included:
a) the size of the land being 999.5 acres or 43,538,200 sq ft;
b) the purchase price for the land being RM25 per sq ft amounting to a total of RM1,088,456,000.00
c) the repayment period being based on a “deferred payment” of 15 years with an interest rate of 7.5 per cent per annum (total RM720,014,600), and thereby dishonestly hiding the fact that the valuation by the Valuation and Property Service Department, Ministry of Finance on the land was RM25 per sq ft for a repayment period of 10 years or RM25.82 per sq ft for a repayment period of 15 years, including coupon/interest that could be charged for the repayment period.

And as such, he has purposely induced Cabinet to give consent to the purchase, whereas Cabinet would not have given its consent if the fact had been told to the Cabinet, and the fraud was committed with the knowledge that he could cause a loss to the Malaysian government, where he has an interest in the transaction pertaining to the fraud and he is bound under the law to protect it and, as such, committed an offence punishable under Section 418 of the Penal Code.

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