Posts Tagged ‘Bangsa Malaysia’


Someone very close to our Anwar Ibrahim told me recently that when Wan Azizah met Shafie Apdal at the CM’s Office for the first time after Party Warisan took charge, Shafie it seems told Wan Azizah that if she becomes the PM he will be very happy.

Of course, Wan Azizah told her husband what was spoken. It seems Anwar was annoyed. So annoyed was Anwar with Shafie that even now he speaks about this openly. So i hear.

Anwar and Shafie were never close even during early Umno days in Sabah in the 90s, the friction goes a long way. In 2011 there was a sex video commissioned by the ruling elite to kill off Anwar Ibrahim’s political career. The video purportedly shows a man who resembles Anwar frolicking with a prostitute in a hotel room. The three men who confessed to discovering and publicly screening the tape were former Malacca chief minister Rahim Tamby Chik, businessman Shazryl Eskay Abdullah and Perkasa treasurer Shuaib Lazim.

Shuaib Lazim is the father-in-law of Shafie Apdal.

In the meantime, Labuan born billionaire, Tan Sri Ibrahim bin Menudin, the Chairman of Suria Capital Holdings Berhad, a close confidant of Anwar Ibrahim, is the go-between-man. Ibrahim is also Economic Advisor for Sabah Government.

Anyway besides that, today, a series of short homosexual sex videos lasting roughly 1.34-minutes have been making the rounds on social media. The clips show two men, one who resembles senior minister in the current administration, getting intimate with a 27 year old lawyer from Sarawak. At least three clips show what looks like a scene from a room in Hotel Four Points in Sandakan, accompanied by the sound of a foreign news bulletin. People are saying looks like Azmin Ali, but i dont know.


sa050918es00_c2831919_1895_417_v01

For months various statements and reports claimed Tan Sri Musa Aman had left Malaysia illegally and that he had illegally entered the United Kingdom. The inference is that Musa had become a fugitive and making himself deliberately unavailable to the authorities with regard to investigations into events at Istana Negeri on the night of May 10th.

Many mischievous messages were floating on social media ever since. One lawyer close to Shafie Apdal even told me that Musa has gone into exile and will never come back to Sabah.

Musa has been under an unprecedented assault of baseless rumour and false innuendo with the apparent intent of dragging him down.

For the past 100 days or so , Musa has been the subject – on social media and via word of mouth – of untrue allegations and accusations. The sheer scale and nature of the claims have led to Sabah Police Commissioner taking the extraordinary step of signing off a media release that rejects the speculation even though Musa is the subject of a police report by Sabah governor Tun Juhar Mahiruddin, who alleged criminal intimidation by Musa in relation to his swearing-in as Chief Minister on May 10.

The question of intimidating the Governor to be sworn in on May 10 should not arise. As per the state Constitution, Musa Aman was the leader of the party with the most seats in the state assembly. The state Constitution reads that the party with the most seats must be sworn in as Chief Minister. Police had wanted Musa to present himself to have his statement recorded but he has not been charged in relation to any matter.

Shafie’s Warisan is trying to gain partisan advantage through damaging Musa by a campaign of innuendo.

The aim was to steer the public’s political focus away from the court case which will determine whether or not Musa or Shafie is the rightful chief minister of Sabah, to be heard on September 3.

Musa left Malaysia lawfully on May 16 and was in the UK for medical reasons, while in UK he suffered a stroke and was admitted at The Clementine Churchill Hospital, a private medical facility in North London. Actually many years ago while he was still CM he suffered a minor stroke but he didn’t realise it. In fact, he was so ill that the Neurologist from Churchill hospital London refused to allow Musa to travel back to Malaysia, but he insisted to come back to Malaysia. Now, at Subang Jaya hospital, here too the Neurologist don’t want him to fly back to Kota Kinabalu. Amidst all this, Musa is stubborn an insisting to return to Kota Kinabalu by this weekend.

Musa Aman is a real fighter!

As i said in my Facebook posting, i say it again, “May you rebound and be stronger than ever when your recovery is complete; may you prevail in the face of the many challenges! My thoughts are with you, Tan Sri Musa Aman!”

UPDATE SEPTEMBER 5th 2018

IMG-20180905-WA0090.jpg

MORE UPDATES – AUGUST 24th 2018

Aug 24 — The High Court here has rejected an application by Shafie Apdal to strike out Musa Aman’s suit to be declared the rightful chief minister.

High Court judge Datuk Yew Jen Kie ruled that the case should be heard and ordered a full hearing for Musa Aman’s claim as the rightful chief minister.

“Upon perusal of the affidavits and submission of the parties, I am satisfied that the plaintiff has raised question of law which requires full consideration which render the OS unsuitable to be struck out summarily.

“As such, I dismissed the striking out application with cost in the cause,” she said in her written judgement.

The OS refers to the originating summons from former chief minister Musa who is seeking to declare Shafie’s swearing-in as chief minister unlawful.

The case today was brought forward from September 3 and heard via teleconference.

Musa’s lawyer Tengku Fuad Ahmad said that the case will now go on as a full hearing via submissions and verbal argument.

Speaking to reporters at the courthouse, Shafie’s lawyer Datuk Douglas Lind said that the case “should be given full consideration”.

He also said that the judge has given the plaintiff, Musa, until September 14 to file a submission, followed by September 28 for a reply from Shafie.

“They will reply to our submission on October 5 and the decision is to be made on October 26. So we will only know the outcome then,” said Lind.

On July 9, Yew had set September 3 to deliver her decision on the application by Shafie to strike out a lawsuit by Musa challenging Shafie’s appointment as CM.

Shafie filed the application on June 5 to strike out the suit on the grounds that Musa had no basis to challenge his (Shafie’s) appointment on May 12 as chief minister.

The following day, Musa filed a fresh suit against the Sabah Yang Di-Pertua Negeri and Shafie, in place of the suit filed on May 17, seeking a declaration that he (Musa) was the rightful chief minister of Sabah.

MORE UPDATES October 22, 2018

KOTA KINABALU: The High Court is expected to make a ruling on Sabah’s “two chief ministers” case on Thursday (Oct 25).

Kuching based High Court Judge Yew Jen Kee has brought forward by a day the court sitting on the suit by former chief minister Tan Sri Musa Aman, who is seeking a declaration, among others, from the court that he is rightful Chief Minister of Sabah appointed on May 10 by the Yang Di Pertua Negeri Tun Juhar Mahiruddin.

 

MORE UPDATES OCTOBER 25, 2018

Kota Kinabalu: The High Court will deliver on Nov. 7 its decision on the suit brought by Tan Sri Musa Aman against Datuk Seri Mohd Shafie Apdal’s appointment as Chief Minister.

Kuching-based High Court Judge Datuk Yew Jen Kie fixed the date on Thursday after hearing lengthy oral submissions/arguments from parties in the dispute, which took four hours from 2.30pm to 6.42pm, with two short breaks. Yew explained to all parties that she decided to call for oral arguments on the originating summons since it is a high profile case.


Yang di-Pertuan Agong consents to Tommy Thomas as the new Attorney General after 10 days delay. Agong also approved the sacking of current Attorney General Mohamad Apandi Ali, the joker who cleared Najib of wrongdoing in 2016, saying some $700 million that landed in Najib’s bank account was a donation from the Saudi royal family and that most of it has been returned.

Anyway, here is a nice little write up of our new AG Tommy Thomas by #thecoverage. Its a good read, here goes….

 

15 Facts About Tommy Thomas That Every Malaysian Should Know – Tommy Thomas Is The King

“Tommy is the king. He has an unparalleled combination

of skills, knowledge and sense, which enables him to remain a top dog,’ notes one competitor.”
Benchmark Asia-Pacific – Tommy Thomas Website

Tommy Thomas Former Muslim Employee In His Legal Firm Share Her Personal Experience About Him – He Is The Best !

1. Graduate from University of Manchester and London School of Economics 

Tommy Thomas was born in Kuala Lumpur in 1952, and attended Pasar Road English School and Victoria Institution.

He read law at the University of Manchester, graduating in 1973, and became a barrister (Middle Temple) in 1974. He studied International Relations at the London School of Economics, securing an M.Sc. in 1975. He was called to the Malaysian Bar in 1976.

2. Own A Law Firm – Tommy Thomas Advocates & Solicitors

He started his career at Skrine & Co., becoming a partner in 1982. In 2000, he established a  firm, doing litigation matters exclusively, organised along the lines of a barrister’s chambers in England.

Partners: Tommy Thomas, Alan Gomez, Ganesan Nethi Consultant: Sitpah Selvaratnam

3. Thomas Served The Bar Council From 1984

Thomas served in the Bar Council from 1984 to 1988 and from 1993 to 2001. He was elected its Secretary, serving from 1995 to 1997. He was Editor of Insaf, the Bar’s publication from 1985 to 1987. He was a member of the Bar (Disciplinary Proceedings) Review Committee under the Chairmanship of Tun Hussein Onn, and wrote its Report in 1986. Thomas has a keen interest in corporate governance.

4. The United Nations Development Plan (UNDP) Appointed Him As Senior Consultant In 2000

He was a Director of the Malaysian Institute of Corporate Governance from 1995 to 2001. In the wake of the financial and economic crisis that engulfed Malaysia and other Asian countries in 1997, the United Nations Development Plan (UNDP) appointed him as Senior Consultant in 2000 to lead the Corporate Governance Initiative for the countries affected by the crisis. The publication in 2002 of a UNDP Report edited by him identified profligate corporate debt as a principal cause for the crisis.

He is a life member of the Malaysian Economic Association and the Malaysian Branch of the Royal Asiatic Society.

5. Well Known Legal Book Author

In Anything But The Law, Tommy Thomas covers topics as diverse as past general elections, Malaysian icons, the Arab Spring and economics – in fact, anything but the law.

Some readers are aware that he is a lawyer, he notes in an e-mail interview, so he chose a title that would alert them to the fact that this book is about non-legal issues.

It was launched together with Abuse Of Power, which focuses on the law and the Constitution. Both books collect essays he had written over 34 years and that had been published by online portals and by the Malaysian Bar.

6. Ranks Among The Best of Constitutional Law Advocates In Malaysia

Tommy Thomas ranks among the best of constitutional law advocates in Malaysia. Committed, charismatic and vocal, he is without doubt one of nation’s foremost lawyer and thinker, as attested to by his brilliant legal career, the breadth and depth of his dissertations, writings and talks on law, nation, institutional building, financial liberation and globalisation.

7.  More Than 40 Years In Law

As a barrister of more than 40 years standing, Thomas has had the privilege of appearing as counsel in landmark cases in various branches of the law in all the courts of Malaysia, including the Privy Council in London, which was Malaysia’s highest court until 1985. Thomas has had more than 150 reported cases and countless unreported cases. He has been singled out consistently and regularly as one of Malaysia’s leading litigation lawyers by independent international publications such as The Asia Pacific Legal 500, Which Lawyer, Who’s Who Legal (The International Who’s Who of Business Lawyers), Commercial Litigation Lawyers of Asia and Chambers Asia.

MUST READ  Johor Crown Prince TMJ – I Did Not Say I Support Tun Mahathir, Dato Seri Najib or Anyone Else

In the corporate field, he has appeared in Company, Liquidation, Receivership and Insolvency matters. In the commercial sphere, he has acted in Banking, Hire Purchase, Contract, Intellectual Property, Sale of Goods, Wills, Trusts and Land Law cases. Thomas has appeared in complex litigation involving bonds and other sophisticated financial instruments. In Public Law, Thomas specialises in constitutional and administrative law cases. He has also been very active in statutory interpretation disputes ranging from petroleum, asset management, securities law and local government.

Thomas has acted in ground-breaking high profile litigation involving two State Governments in relation to their off shore oil and gas claims. He has also acted for two other State Governments in constitutional and judicial review disputes. He has represented regulatory authorities as lead counsel in their complicated civil litigation matters at the apex court. Thomas is regularly consulted by other law firms and appointed senior counsel in their litigation. He often appears as lead counsel for the Malaysian Bar in intricate and controversial cases.

8. AMANAH LEGAL HEAD Lawyer

Tommy Thomas, the candidate proposed for Attorney-General (AG), not only has in-depth legal knowledge, “but more importantly, he is a senior lawyer with the utmost integrity, that is crucial for being an AG,” said Hanipa Maidin (pic), who chairs the Legal Bureau of Parti Amanah Negara.

In a letter to Malaysiakini, he said that honestly, he fully supports the proposed candidate, “without any doubt”.

Hanipa recalled his experience with Thomas while handling a contempt of court case filed by Syarikat Bekalan Air Selangor (Syabas) against a lady lawyer called Puan Fahdah and the writer/activist Ahmad Lutfi Othman.

Thomas was representing Fahdah and Hanipa was acting for Ahmad Lutfi. They won the case.

“I saw a lawyer who was fantastic (amat hebat) and highly credible (berwibawa),” recounted Hanipa, who is also the MP for Sepang.

9. Chin Peng Lawyer

He once represented Parti Komunis Malaya leader Chin Peng in calling for the government to allow his body to be buried in Sitiawan, Perak.

He pointed out that in his book written in 2016, Thomas had described Chin Peng as one of the great liberation fighters of the second half of the 20th century and a major contributor to Merdeka.

10. Lawyer of for Lim Guan Eng

Press Conference Statement by Chief Minister of Penang Lim Guan Eng Announcing Tommy Thomas As The Penang State Government’s Counsel To Sue The Election Commission And The Federal Government At Gerden Hotel, Kuala Lumpur on 26th Feb 2013.

Thomas is representing Finance Minister Lim Guan Eng in his corruption cases.

11. Lawyer for MH 370 and MH 17

MH 370 Lead counsel Tommy Thomas had argued that the documents, among others, were critical evidence relating to the background and sequence of events for the incident and subsequent search operations. Court orders Malaysia Airlines to hand over documents on MH370 to passengers’ next of kin.

MUST READ  HISTORY : How Tun Mahathir Turned Malaysia With Weak Agrarian Economy Into One of the Asian Tigers

In court, the family’s lawyer Tommy Thomas submitted that they were concerned that it would be “a paper judgment” if the High Court ruled in favour of the family as MAS would be a shell company because all its assets had been transferred to MAB except the MH370 and MH17 lawsuits.

He said that according to the vesting order gazetted on Nov 6 last year, pursuant to the Malaysian Airline System Berhad (Administration) Act 2015, it appeared that MAS assets such as aircraft, buildings and properties were transferred to MAB and about 1,000 MAS liabilities relating to its trade and business creditors, such as suppliers of catering and maintenance services, were also transferred to MAB.

Thomas said none of the 500 MH370 and MH17 passengers’ families’ claims were transferred.

He said there were a total of 27 lawsuits filed by families of passengers on board the MH370 flight pending at the Kuala Lumpur High Court and litigation pending in the courts in the United States, China and Australia.

12. Believes The “Allah” Decision is Wrong in Constitutional Law

The sustained public attack on last week’s decision of the Court of Appeal in prohibiting the Catholic Church from using the word “Allah” in their internal publication, the Herald, is absolutely unprecedented, even in a nation very used to bad court decisions. From a constitutional perspective, the three judgments are poorly reasoned, the law misread and conclusions reached which will baffle any right-thinking student anywhere in the common law. The decision is not just wrong, it is horribly wrong, and will represent a terrible blot on our legal landscape, unless overturned quickly by the apex court, the Federal Court. Regrettably, what follows may seem unduly legalistic, but it cannot be avoided in a critique of a court decision. – Tommy Thomas 

13. Believes Malaysia Is A Secular State

“UMNO wishes to state loudly that Malaysia is an Islamic country. This is based on the opinion of ulamaks who had clarified what constituted as Islamic country. If Malaysia is not an Islamic country because it does not implement the hudud, then there are no Islamic countries in the world.

If UMNO says that Malaysia is an Islamic country, it is because in an Islamic country non-Muslims have specific rights. This is in line with the teachings of Islam. There is no compulsion in Islam. And Islam does not like chaos that may come about if Islamic laws are enforced on non-Muslims. – Tommy Thomas

14. Believes Sultan and Agong Does Not Have A Free Hand” In The Selection of the Menteri Besar and Prime Minister

He explained that as a constitutional ruler, the Sultan of Selangor “does not have a free hand” in the selection of the menteri besar, citing Articles 51 and 53 of the state constitution.

Article 51(2) states that the candidate “must be of the Malay Race and profess the Muslim Religion” while Article 53(4) provides that His Highness may in his discretion dispense with provisions in the Constitution like Article 51 (2) which restricts his choice.

“Obviously, the menteri besar of any state must be a citizen of Malaysia but in Selangor there are no residential qualifications. Thus, he or she need not be born in Selangor nor have a permanent residence in the state,” Thomas told The Malaysian Insider today.

MUST READ  Malaysia Former Federal Court Judge : Voters Have Grounds To Challenge SPR To Change The Date

He also quoted Article 53(2)(a) which states that the Sultan can only appoint a person as menteri besar if that person is a member of the state legislative assembly and who, in his judgement, is likely to command the confidence of the majority of the members of the assembly.

“The Federal Constitution and all the State Constitutions have identical provisions to Selangor’s Article 53(2).

“They are all modelled on Westminster constitutions with the standard words ‘commanding the confidence of the majority’ of parliamentarians,” he added.

Since the country achieved its independence in 1957, the political party (or coalition) that gains the most number of seats in general elections always selected its own leader, Thomas noted.

“So, in every case where there has been a vacancy in the office of the prime minister, whether caused by resignation or death, the acting leader of UMNO or Barisan Nasional was appointed the PM.

“Similarly, after each of the 13 general elections, the King had no discretion in such appointments. It is the same in the case of all the states. If there were exceptions in some states, the MBs were appointed without regard to constitutional niceties,” Thomas said. – Tommy Thomas

15. Quotes About Tommy Thomas

“Many Malaysian writers pull their punches or shade the truth about life in Malaysia. Just as many commentators eschew research to back up their opinions….Prominent lawyer and social commentator Tommy Thomas does not fall into either category….The book is a compilation of 32 essays and commentaries over the years, written with courage and clarity. There is his take on polarized and fractured Malaysia; a compassionate portrait of communist leader Chin Peng and the unconstitutional basis of Dr Mahathir Mohamad’s declaration that Malaysia is an Islamic state…” – Brendan Pereira, Former Editor of The New Straits Times

““Tommy Thomas is undoubtedly one of the country’s foremost lawyers and thinkers as attested to by his brilliant legal career and by the breadth and depth of his writings and speeches not only on law but also on nation & institutional building as well as on financial liberalization and globalization, as is readily evident from this collection.

His forays into the political economy issues of the day such as the global financial crisis show how wide is his interest, how well he is read and what a good grasp he has of subjects very different from his field of specialization.

This collection is a must read not only for the specialists in law and the social sciences who have an abiding interest in developments in Malaysia and the Region but also for the concerned citizen who wants a better appreciation of the happenings around them.” – Dr R. Thillainathan, Past President of the Malaysian Economic Association

“Widely regarded as one of the top lawyers in the country.”- Chambers Asia Pacific

“He will be the cream at the top, strategic, clever,” says a peer. “We appear together often and I think highly of him.” – Benchmark Asia-Pacific

“Tommy Thomas has an excellent reputation based on success in some of Malaysia’s most significant court cases in recent years.”- The Legal 500

“Tommy is the king. He has an unparalleled combination of skills, knowledge and sense, which enables him to remain a top dog,’ notes one competitor.”- Benchmark Asia-Pacific


 


After the United States Department of Justice filing of two lawsuits to seize more than US$1 billion of assets which it alleged were purchased using funds siphoned from 1MDB, here is a very interesting piece written by a Malaysian-born Dr Bakri Musa, a surgeon practicing medicine in the Silicon Valley, California.

 

The Malay Shame and Tragedy That Is 1MDB

M. Bakri Musa

http://www.bakrimusa.com

Imagine had Prime Minister Najib Razak responded differently to the US Department of Justice Asset Forfeiture lawsuit and said instead, “I have instructed my Foreign Minister to seek clarification to determine who this “Malaysian Official 1” so we could investigate him. I have also directed the Attorney General to review the evidence in the DOJ complaint.”

As for 1MDB, imagine if its spokesman had responded, “We view with deep concern allegations that assets meant for our company, a public trust, had been corruptly diverted. We seek clarification on who 1MDB Officials 1 and 2 are to make sure that they are no longer in our employ. We will review our policies to ensure that such pilferages as alleged by DOJ if they did occur will not recur. Additionally, we are engaging legal counsel to protect our interests in the American trial.”

Instead, what Malaysians and the world heard last Wednesday were irrelevant and meaningless statements to the effect that neither Najib nor 1MDB are the defendants in the suit. True and obvious, needing no response or clarification. The defendants are the owners of those seized assets which are alleged to have been acquired with funds corruptly siphoned from 1MDB, a GLC of which Najib is the Chairman.

The responses from Najib, his ministers, and 1MDB only brought shame to themselves, to Malays, and to Malaysia.

As for the defendants, their options are either not to contest the suit and thus forfeit those assets, or fight it. Negotiated settlement is unlikely. This is the biggest asset forfeiture in US history; Attorney-General Lynch is out to make a point to corrupt kleptocrats everywhere in these days of complex cross-border money laundering.

Before this, the biggest forfeiture involved the giant telecom company, Amsterdam-based Vimpel.com, and individuals close to the president of Uzbekistan. The Uzbeks ignored the suit while the company pleaded guilty to the criminal charges. Rest assured that those defendant Uzbeks won’t be visiting Disneyland or Las Vegas any time soon!

This 1MDB corruption may be a legal case but politics is never far off the radar in Putrajaya and Washington, DC, as well as in the potentially more volatile international arena.

No-Contest Option

Not contesting would save substantial legal fees and other costs, as well as the not insignificant personal hassle factor. Those aside, the biggest advantage would be not further exposing the defendants and others, legally as well as in many other ways, during the pretrial discovery and trial. Spared a trial the identity of “Malaysian Official 1” will never be known, at least not officially, a crucial consideration in Putrajaya.

The loss of those assets, even though in the hundreds of millions (in US dollars, not worthless ringgit), is at least quantifiable. However, even the Sultan of Brunei could not shrug off a loss of that magnitude.

Choose this option and Reza Aziz, one of the defendants who according to court documents is also related to Malaysian Official 1, would be well advised to pack up and find a country that does not have extradition or tax treaty with the US. He also had better get used to a much less luxurious lifestyle.

Were Reza to pursue this course, at least in his old age he could regale his grandchildren with stories that he once owned a glittering condo in Manhattan and shared drinks with Hollywood stars in Las Vegas.

That would also be a very Malay story. At Kampung Baru today there are many elders who look with nostalgic gaze at the skyscrapers in the Golden Triangle and lament, “Ah, itu cerita dulu!” (Those are old stories!)

The US Government would recoup its considerable costs from those assets. Rest assured there would be itemized bills for every paper clip and DOJ lawyers would be charging senior partners’ rates. Even after factoring that there will still be substantial loot left. By statute, that belongs to the people of Malaysia.

If Najib is still Prime Minister, do you think those Americans would be dumb enough to return those millions to the same scoundrels? America could not disburse them to Malaysian NGOs either as most are not sympathetic to UMNO. That would present a delicate diplomatic problem. On the hand it could prove to be the most sophisticated and effective exercise of “soft power,” more powerful than “boots on the ground” in effecting regime change.

At any rate don’t expect those Monet paintings to hang on the walls of kampung huts any time soon.

Contesting the Forfeiture

Contesting would be no walk in the park. It would be expensive, protracted, and risk uncovering details that could trigger criminal charges. American lawyers are not cheap and potential defense attorneys would want their substantial fees paid upfront and from “clean” sources. With those assets tied, Reza better have other fat bank accounts. Even if he were to receive help from his “Malaysian Official 1” relative, Reza’s defense attorneys would insist, and need unchallenged documentation, that the money is legitimate and not siphoned public funds.

The earliest a trial could begin would be a year or two hence, in time for the UMNO Leadership Convention or worse, the next Malaysian election. A trial would also risk exposing the identity of “Malaysian Official 1, a consideration for Putrajaya.

Being a civil case the burden of proof for the prosecution is lower, merely the preponderance of evidence, not the much higher “beyond a reasonable doubt” of a criminal trial. The burden also shifts to the defendants to prove that those assets were acquired with untainted funds.

In court documents Reza Aziz claimed that the millions he received from some unknown Arab was a gift. An incredulous assertion that even his accountant did not believe him; hence the attestation from his “donor.” If this be a trial by jury, it would be tricky to convince an American juror, as with Reza’s accountant, that receiving millions from a stranger is a “gift.” Besides, the image of an Arab in America these days is far from pristine.

With a trial the testimonies of those professionals who had advised the defendants would be scrutinized. The Watergate Hearings of the 1970s exposed the unsavory activities of the various advisors. Many prominent lawyers ended being disbarred, including the President’s Counsel as well as a former Attorney-General.

A trial would highlight an ugly truth that could prove explosive in race-sensitive Malaysia. That is, Reza Aziz excepted, those corrupt Malays got only the crumbs while the gravy flowed to that Wharton-trained Chinaman. That won’t sit well with UMNO Youth’s “Red Shirts” or PERKASA boys.

A trial would also showcase the professionalism and meticulousness of American prosecutors and investigators. That would not make the former failed UMNO operative and now Malaysia’s Attorney-General look good. The Malay image is already battered by the amateurs at 1MDB.

From the perspective of international politics, it may be shrewd not to identify “Malaysian Official 1.” This forfeiture however, is not the only game. After all, Obama did not tee off with Najib that Christmas in Hawaii because he (Najib) was a Tiger Woods. It was part of Obama’s “Pivot to Asia” show, with Najib the prop.

There are other actors in this new shadow play. China is asserting itself, most visibly through military exercises in the South China Sea but more effectively elsewhere. Note the abrupt change of face at the recent ASEAN conference that had initially condemned China, and ASEAN’s collective silence on the International Court’s decision on the South China Sea dispute.

China too could play the Obama game, not on the green of Hawaii’s golf course but FELDA’s oil palm oil plantation. China could buy palm oil from Africa, and not offer inflated prices for those rusty 1MDB assets.

Najib now has to balance the interests of his stepson and former Beverly Hills real estate tycoon Reza Aziz versus that of FELDA settlers and their wooden huts. Not an easy choice!

The kampung boy in me longs to see a good fight by our modern-day Hang Tuah. Thus I challenge Reza to be jantan (man) enough to fight this US forfeiture.

Back to reality, the winners in this 1MDB shadow play are many and obvious. Reza is one, though not as big as he was before the forfeiture; so too Malaysian Official 1 as well as IMDB Officials 1 and 2. As for that Wharton MBA character, he could still savor his shark’s fin soup in Taiwan. The US DOJ too is a winner, and a very big one.

As for the losers, 1MDB is the obvious. Its current management should sue the previous board and management for incompetence as well as breach of fiduciary duties to recover some of the losses. Current management owes the company and Malaysians that much.

The other victims are less obvious. They include FELDA settlers now deprived of better schools, smart young Malays who excelled on their IB tests but now cannot go abroad, and those dedicated GLC Malay executives whose reputations are now tainted because of the shenanigans of those monkeys at 1MDB.

Those Malaysian officials who responded last Wednesday to the DOJ’s lawsuit and those Malays who still strenuously defend Malaysian Official 1 have yet to recognize these victims. That’s the terrible shame and great Malay tragedy.

http://bakrimusa.blogspot.my/2016/07/the-malay-shame-and-tragedy-that-is-1mdb.html



The communities in Sabah should reflect on the significance of Tadau Kaamatan or harvest festival in order to close ranks and strengthen unity for the progress of the state.

Sabah Chief Minister Datuk Seri Musa Aman said this was because the annual festival, commonly celebrated by the Kadazandusun Murut community on May 30-31, was associated with giving thanks for a bountiful rice harvest that contributed to friendship among the various indigenous and ethnic groups in the state.

“Although the planting of paddy is no longer a major agricultural practice, this festival is still an integral part of our local culture. Communities here respect and celebrate it as a mark of gratitude,” he said in his Kaamatan message here Sunday.

Musa said over the decades, Sabah has experienced growth and progress in terms of infrastructure and also has more bustling urban centres today.

He said locals now have better access to education and training opportunities and were contributing to the state through their chosen fields.

“This, combined with the fact that we are a melting pot of more than 30 ethnic groups, gives us a competitive advantage within Malaysia and the region.

“Our steadfastness in staying united and our commitment to work together encourage us to learn from one another and are positive factors in our quest to achieve more progress for Sabah,” he said.

In this regard, the chief minister reminded the people not to give in to attempts by certain quarters to damage ties among the people of various backgrounds.

“I call on Malaysians in Sabah to not succumb to such thinking. Calls by certain quarters for Sabah to leave the Malaysian federation are irresponsible and will only lead to division among the people,” he said.

Musa also said Sabah was on track in achieving the various developments outlined in the State Development Agenda or Halatuju introduced over a decade ago, with a focus on agriculture, tourism and manufacturing.

“The Sabah Development Corridor (SDC) launched in 2008 has further strengthened our quest to focus on the three areas outlined by the State Development Agenda.

“We are also participating actively in the Economic Transformation Programme (ETP) and the Malaysia Plans, as a way to bring holistic and meaningful progress to the people of Sabah, regardless of where they live,” he said.

He also noted that Sabah was a large state making it necessary to close the gap between regions, especially those located in the interior, by continuing to focus on poverty eradication programmes and ensuring more school-leavers get the opportunity to study at a higher level, including at skills centres.

Musa also called on youths in Sabah to explore the opportunities available and help turn the state into a vibrant region within Malaysia and Southeast Asia.

To ensure successful implementation of the state government’s plans and policies, the chief minister said security remained the state’s priority, with the Eastern Sabah Security Zone (ESSZone) and Eastern Sabah Security Command (ESSCom) always ensuring that citizens and visitors felt safe while in Sabah.


Before concluding that the Panama papers are the Holy Grail of global corruption, certain facts must be viewed in perspective – one that the journalists involved in the expose have been careful to articulate but readers may have overlook due to the seductive conclusions big names tend to offer.

The papers are essentially records maintained by a law firm in a tax haven showing how several individuals used its services to set up entities and investment vehicles. Independently, this may not be a crime in several jurisdictions as the journalists have pointed out. But if properly investigated, they may reveal how some of those named might have used the route to evade rather than avoid taxes.

Beyond the fact that the records of one law firm are now out in the open, their disclosure, a remarkable journalistic feat by any measure, must be obvious that neither the presence nor the role of overseas tax havens are exactly a secret. They exist, as they have for a long time, and are used as much for avoidance as they are for straightforward evasion. While the Malaysian government has not been quick to announce a probe, it must view these disclosures in the backdrop of its avowed and largely unfulfilled objective of rooting out black money, especially money salted away overseas. In this context, the response of the Bank Negara Governor has been disappointing.

The ways of Malaysia’s rich and famous are increasingly becoming public knowledge. Prominent Malaysians’s, including one of the prime minister’s sons, Mohd Nazifuddin Mohd Najib, former Prime Minister Dr Mahathir’s son Mirzan Mahathir, even Kamaluddin Abdullah son of another former Prime Minister Abdullah Ahmad Badawi, owning offshore companies in Panama is just the latest of the unraveling, and adding them to the likes of Vladimir Putin, David Cameron, Xi Jinping and Nawaz Sharif among others.

Insofar as Malaysia is concerned, the onus is on tax and enforcement authorities to probe the names and information that have come into the public domain and evaluate these against declarations and filings made by the named individuals before reaching definite conclusions. This exercise must be concluded with urgent despatch, as any delay would in the event of a default deprive the exchequer of revenue. Equally, if the transactions are kosher, a delay would prolong an infamy. The suspicion here is that because of the nebulous nature of tax laws and the frequent amendments made by governments, many of these transactions will fall in the large grey space that almost by design exists between the black and white of the legal framework. In jurisdictions outside Malaysia, especially those where public persons must maintain the highest standards of probity, the revelations are bound to cause upheavals, as indeed they already have in Iceland. They are unlikely though to cause more than momentary discomfort to political figures like Russian President Vladimir Putin or Pakistan Prime Minister Nawaz Sharif, individuals who have in the past brushed aside such charges with disdain.

Panama is a small sliver of a country in Central America joining North and South America. Its immediate geographical neighbors are Costa Rica in the north and Colombia in the south. It is the narrow isthmus that separates the Pacific and Atlantic Oceans. A 77 kilometers long manmade canal capable of accommodating large ships joins the two oceans. The revenues from this were for long the nations biggest source of income since the canal opened in 1914.

Panama soon found that becoming a tax haven that assured investors of their privacy provided a more lucrative income. The proximity to the Americas, and the balmy Caribbean islands, and countries like Colombia with its huge cocaine production and export business, and Latin America’s many kleptomaniac tin pot dictators made Panama even more attractive. Till not long ago after the overthrow of Panama’s General Manuel Noriega the Canal Zone was under the protection of US troops and that too served as an incentive for Americans seeking an offshore tax haven.

Panama as a tax haven offers foreign individuals and businesses little or no tax liability in a fairly politically and economically stable environment. Tax havens also provide little or no financial information to foreign tax authorities. This in short is the reason Panama is so important to our moneyed people who have good reason to hide their real wealth.

This leaves us to ask: Why do the rich want to hide their wealth? Well, simply because they are not as wealthy as they appear to be. And if they honestly declared their true wealth they would not only be liable to pay more income tax but could also open many of them to various charges of corporate fraud and malfeasances that could earn them hefty prison terms. So the income they cannot declare gets hidden in a tax haven. The big bucks are made and salted away.

A good part of this money is round tripped back to Malaysia via nearby Singapore. Not surprisingly in 2015 the top FDI investing countries was Singapore. Singapore is the home of hundreds of corporate entities that act as a pass through for funds being held overseas for Malaysians or Malaysian entities. Singapore is little more than cutouts for monies held in other more distant tax havens like Panama, Cayman Islands, Bermuda and Lichtenstein. The smaller the country the more pliable the officials.

According to Global Financial Integrity, a Washington DC based think-tank; Malaysians were estimated to have illicitly sent out $73 billion in 2015. Where does this money go? Countries like Switzerland that offer banking secrecy usually do not pay any interest on such deposits. So money goes to corporations in tax havens from where they are invested in businesses world over. Ever wondered how many local successful businessmen managed to get so big overseas, so soon?

This is where the Panama’s of the world come in. There was a time when Panama in Malaysia was synonymous with a man’s wide-brimmed straw hat made from the leaves of the Toquilla tropical palm tree. That Panama is long forgotten. Today’s Panama is synonymous with offshore corporations and assured secrecy. The times have changed.


I cannot resist the temptation to reproduce this letter below, because, this is exactly how most of my Sabahan friends feel about this much hyped up movie “OLA BOLA”.

Here goes….

I was at the Stadium Merdeka on 6, 1980 when James Wong scored the winning goal against South Korea. With this victory, we qualified for the Moscow Olympics.

I therefore made it a point to go and see the hyped movie Ola Bola, a movie based on the true story of the victorious team and to relive that magical moment when two fellow Sabahans created and scored the winning goal for Malaysia.

I came out of the cinema hall feeling rather despondent. This was a true story that was altered and twisted for reasons best known to Director Chiu Keng Guan and his scriptwriters.

Ever since I was young, it was always drummed into my head that we must render onto Caesar what is Caesar’s.

So when Chiu Keng Guan decided to credit the winning goal to Khalid Ali in his movie and not to James Wong, that was a total disappointment.

That was a white lie and went against what I was thought to believe about giving credit when it is due.

Chiu has “dismissed complaints about factual inaccuracies by pointing out that the film is just inspired by true events”, what rubbish!

Did I read that correctly? True events? Was it not James Wong that scored the winning goal?

Was the score not 2-1 in favour of Malaysia and not 3-2? If the story line is based on “true events” how could anyone ignore the truth?

To give credit where it is due, the film was well executed. The cinematography was great. The story-line of comradeship and determination was excellent and this is 1Malaysia at its best.

There were Chinese, Indians, Sikh, Malays, West Malaysians and East Malaysians all coming together as one to bring glory to the Nation.

The movie showed us what true grit and determination can achieve.

But to change what was the one magical moment that we are all know belongs to James Wong is totally unacceptable by any standard.

Either the film’s Director deliberately changed the facts upon instruction to fit a political master race agenda in order to enjoy Finas funding or he and his scriptwriter did not do enough research on that game and the history behind it. Why they did that is best left to the imagination.

There is a lot of negative perception about this including if there was a hidden agenda behind changing the actual goal scorer from James to Ali. This is a question best left to Director Chiu and his scriptwriter to answer.

For me personally and the thousands of football fans who were there in  Stadium Merdeka you will NEVER, ever convince us that it was not James Wong who scored the winning goal for Malaysia.

You can try taking glory away from James but you will never take away what is etched in my memory – that one magical moment in time when two SABAHANS combined together to produce what was possibly the highest achievement of the Malaysian football team of the 80s.

Thank you Hassan! Thank you James! Shame on you Chiu and Astro!

Note : This letter came out in the Daily Express Sabah


Several unique characteristics go along with the name of Musa Aman. In him, Sabah has had a three-dimensional leader: a statesman par excellence, an astute businessman banker and a thinker with the courage of conviction.

Musa was a successful businessman/banker long before he entered politics but all his life he had strived to make everything he touched more value oriented. He had an inimitable style of winning hearts. He has several friends with views diametrically opposite his, but that has never come between him and them when it comes to frank sharing of ideas and feelings. Rarely does one find a leader with such a fine blend of toughness and tenderness.

Musa has contributed to Sabah polity in multiple ways. He remains the epitome of alternate political thought and functionality. He personifies patriotism. If attributes such as informality in interpersonal relationships, spirit of accommodation, respect for the opposite viewpoint, a complete non-compromising approach towards politics of hate and injustice, etc. are still to be found in present day politics, Musa – among others – deserves credit. His most important contribution is strengthening Sabah democracy. When power politics sounded extremely monopolistic and people wondered if the element of choice had completely vanished from Sabah polity, he didn’t need words to send the message “Boleh Bah Kalau Sabah” to the people with all the strength at his command.

He remains the first genuine leader, the first truly Sabah chief minister who managed to convince Putrajaya to have a Royal Commission of Inquiry on Illegal Immigrants and address Sabah’s Mother of All Problems – “Illegal Immigrants”. He also remains one of the first politician from East Malaysia who is working quietly with the Prime Minister to get an equity in Petronas for Sabah state apart from the oil and gas royalty of five per cent. And for his effort so far Sabah has gotten a 10 per cent stake in Petronas LNG Train 9 Sdn Bhd in Bintulu, Sarawak, which would generate additional revenue to the state and its people. Speaking at the investiture ceremony in conjunction with the 61st birthday of Head of State Tun Juhar recently, Musa Aman said ” Our commitments does not end here. Instead we will continue to double our efforts by working together with the Federal Government to mobilise various programmes to further raise the social status of the people and life quality.”

When Musa took over as chief minister, Sabah was literally on the threshold of the 21st century. And it was a new, young and assertive Sabah with surging aspirations, contrary to the old status quo-ist elements who were in denial. Musa recognised these burgeoning aspirations, and successfully struck a balance without compromising on Sabah’s fundamental values. His regime witnessed the stabilisation of the new economy, and he created an appetite for development-oriented governance.

In ensuring the success and excellence of the public delivery system, Musa pledged to provide good governance. He said, “Our first commitment to the people is to give a stable, honest, transparent and efficient government capable of accomplishing all-round development. For this, the government shall introduce time-bound program of needed administrative reforms, including those for the civil services”. Musa not only strengthened old bridges, he also tried to create new ones to overcome the distances between different social groups, districts and economic strata. His Midas touch impacted every sector of governance. His programmes and policies demonstrated his commitment to a strong and self-reliant Sabah, prepared to meet the challenges of the coming decade.

To make Sabah an economic power in the 21st century, he transformed the economic policy framework. Sectors like public sector enterprises, agricultural produce marketing, small-scale industries, urban land ceilings, highways, rural roads, elementary education, ports, electricity, communal land titles, oil and gas were all subject to far-reaching reforms and raised Sabah’s power graph in Malaysia. Sabah continue to be sought after by foreign investors, especially in the manufacturing sector. Last year Sabah received RM2.4 billion from local investors and RM1 billion was injected by foreign investors. Since the launch of the Sabah Development Corridor (SDC) in 2008 until August 2014, RM135 billion worth of cumulative investments have been planned and committed, out of which, RM45 billion have been realised.

The State Government has even implemented various programmes for the development of the people such as the Prosperous Mini Estates (Mesej), 1Azam, Local Economy Enhancement, Agropolitan Project and Housing Aid Programme as well as the Prosperous Village Programme. These programs aim to transform selected villages holistically by involving three main aspects, namely the development of human capital, economic progress and improvement in the quality of life.

On the forest front, Musa’s commitment to increase the Sabah’s total protected area must be appreciated as his role for making things happen, without whose support, the translation of policies into actions would not have come about. Today Sabah’s Total Protected Areas (TPAs) of 1,553,262 hectares or about 21 per cent of the State’s total land area is arguably the largest in Malaysia. This percentage has exceeded the original IUCN (International Union of The Convention of Nature) target of 10 per cent and even CBD’s (Convention on Biological Diversity) 17 per cent of various types of ecosystems. What is more important is that, TPAs of Sabah cover a wide range of ecosystems including : pristine lowland forests, pristine highland forests, montane forests, freshwater wet lands, mangrove swamps, peat lands, regenerating lowland Dipterocarp forests and Heath (Kerangas) forests, amongst others. Danum Valley, Maliau Basin and Imbak Canyon, have additional buffers for reinforced protection and dedicated wildlife corridors to address connectivity and fragmentation. All these possible because of Musa Aman.

Musa has launched to date many ambitious projects: highways to connect to Sarawak, Kalimantan and Brunei along with other towns like Tenom to Sipitang, and to every kampong by road. These projects also revolutionised the real estate sector, commerce and the rural economy. The improved road connectivity further integrated the state through a network of world-class highways, which puts Sabah on the fast lane to socio-economic development. This is indeed, the highway to prosperity!

Musa as the Sabah Security Chief encompassing governance doctrine is also seen in his strategic vision in regards to Eastern Sabah Security Command (Esscom), a security area that stretches 1,733.7km along the east coast of Sabah, from Kudat to Tawau. Esscom was established on April 1, 2013, following the Sulu intrusion in Tanduo, Lahad Datu. With the setting up of Esscom and its restructuring last July 17, cases of cross border crimes in the Esszone have become less rampant. Efficient and effective mechanisms have been introduced such as curfew, and integrated operations which are ongoing. The establishment of the Esscom, re-evaluation of Sabah’s decades old illegal immigrants problem, economic diplomacy, and engagement with the Manila has re-written Sabah’s strategic governance system.

Under Musa Aman, Sabah has become a powerhouse of growth and had emerged as an important contributor to Malaysia’s development journey. Under his able leadership Sabah became known for its quality infrastructure and excellent financial management. Musa Aman’s governance in Sabah saw a government that listened to the people and one that built its success through equal economic growth in all sectors. Through innovation and emphasis on detail he brought in record investment that benefited people of Sabah and drew people from all over Malaysia to work in Sabah and make a living.



It is not the state government alone that can usher in prosperity and development within the state. Once the government has laid the foundation for a better administration and sense of security, many people can contribute to the state’s growth. And some of the steps taken by Chief Minister Musa Aman signal signs of a green revolution that could come to Sabah. With Sabah being predominantly an agricultural economy, and now the booming tourism economy, it would be good to have a fresh green revolution in Sabah.

Sabah Chief Minister Musa Aman is going green, quite literally. A green foundation – YaHijau Malaysia (Yayasan Hijau Malaysia) and the “MyGreen Sabah”- is set to become a grassroots movement to encourage Malaysians to adopt eco-friendly lifestyles. After recording good progress in environmental preservation through its “Heart of Borneo” (HOB) initiative when it succeeded in increasing protected forest areas to 1.3 million hectares, Musa Aman has assured that he will continue to be committed to Sustainable Forest management (SFM) and eco-friendly development projects all over Sabah.

The Sabah State Government has set-up the Sabah Green Technology and Climate Change Committee which will be responsible for formulating policies and making recommendations on tackling green technology issues, environmental issues and climate change at the State level. The need to save Tanjung Aru Beach and Prince Philip Park which has already lost 60 to 70 meters due to erosion over the past 50 years is one of his priorities now.

To Save Tanjung Aru Beach and the Prince Philip Park, Musa Aman has come out with a master plan under the Tanjung Aru Beach Rejuvenation Plan, a fantastic plan and an unprecedented move! Tanjung Aru Beach will be moved seawards to improve wave exposure, and coarser beach and terminal structures will be put up to minimize loss of sand, among other measures. The objective is to push back the sea to regain the land that was lost to erosion over the years. Tanjung Aru Eco-Development (TAED) has been entrusted with reviving Tanjung Aru Beach. This would involve reclamation of 440 acres out of the total of over 700 acres. This mammoth project will cost RM1.5 billion and Datuk Victor Paul, the most experienced developer in Sabah who has an extremely good track record in construction, has been roped in. Datuk Victor Paul built the Perdana Park at Hone Place, Tg Aru entirely as part of his Corporate Social Responsibility (CSR) as a gift to the state and the people without requiring any form of payment or reward. It is believed that he spent RM50 million. He also built Metro Town, a township, all on his own and many other projects since The Berjaya government. Musa Aman has got the right man for the job.

The present Prince Philip Park in Tanjung Aru Beach covers 14.5 acres and with the revival project it will cover 27 acres. The present length of the beach is about 1400 metres with a width of 9 meters of sand during high tide and 25 metres of sand during low tide but after development, its new length will be 1420 meters with a new beach width of 50 to 110 meters. Remember, presently the beach has already gone down by 60 to 70 meters due to erosion, if left as it is in years to come Prince Philip Park will itself be claimed by the sea.

So under the Tanjung Aru Beach Rejuvenation Project, The government is giving back to the people 68% as public areas while the remaining 32% is earmarked for development. The revival project is to return the park and beach to its former glory, while at the same time attract investments from locals and foreigners, create job opportunities and develop the local economy. In doing so, the government through the Tanjung Aru Eco-Development (TAED) would be giving Tanjung Aru Beach and Prince Philip Park back to the people. It will be bigger, cleaner and well-designed unlike now. The public would also not only enjoy continued access to the beach, they would also NOT BE charged when visiting it.

And behind the beach and the park where the former Tanjung Aru Government Quarters used to be located, there is a piece of land that was sold by a former chief minister to the fugitive Teh Soon Seng. The state government under Musa Aman had to fight in the courts to recover this land. This parcel of land is were the residential and commercial property development inclusive of six hotels and resorts is to be built.

Musa Aman told a visiting group from Kuala Lumpur that good governance is to solve people’s problems. The administrative system is more of less the same across the country but there is need for change in the mindset for infusing service in the work culture.

The group, on a study tour of Sabah, called on Musa Aman and acquainted themselves on how Sabah tackles challenges before good governance.

Musa Aman said that team spirit is must for result and ‘Team Sabah’ fulfills this need. There is need for clear-cut instructions on policy matters and administrative setup to ensure the message percolates downstream and the action taken reports travels upstream. And development needs a positive attitude. He said that one reason for the success of Sabah’s good governance model is people’s participation.

He said that environment and development are complementary to each other; both are needed to lend speed. There is need for vision even for environment. He recalled that when Perdana Park was developed by Datuk Victor Paul, all kinds of accusations were hailed and even NGOs were criticising left, right, and center. But today, Perdana Park is considered the most progressive park of its kind in Malaysia where a musical fountain and purified water is provided free of charge. Heaps of praises are thrown by everyone and is now the most regularly visited site for recreation in the state capital. Built on a 16-acre area, Perdana Park is the very first recreational park in KK with a musical fountain performance. One has to learn how Sabah nurtures greenery and preserves wildlife to protect the environment despite so much difficulty and converts them into tourism. Sabah is fast earning Green Credit points as it has adopted a policy of harnessing Nature and not exploiting as is in vogue in the rich Western countries.


%d bloggers like this: