The MAS and Robert Phang Story continues
February 11, 2011
The MAS and Robert Phang Story continues: Charge the KSU for not reporting a bribery attempt
by Din Merican
The MAS scandal is like a fiery comet flying across the sky. It has brought a trail of other scandals into light. The anonymous blogs are now saying that the losses which MAS suffered during Tajuddin Ramli’s time was not true. That it was just a just a fiction. That MAS was never heading towards bankruptcy and the Widespread Asset Unbundling (WAU) exercise was a scam. Who created the fiction and the scam?
Former MAS Managing Director must answer
The best person to answer this question is Dato’ Seri Idris Jala. He was once MAS Managing Director, now entrusted by Prime Minister Najib to implement the country’s Economic Transformation Plan (ETP). It was during Idris’ time that MAS pursued criminal and civil avenues to hold Tajuddin liable for MAS’ losses. So let Idris answer if the losses were just fiction. If it was fiction, then we have a lot to worry in leaving the whole country’s economic fortunes in the hands of Idris Jala.
New Conspiracy Theory
A new conspiracy theory is now being spun by Tajuddin’s supporters that he was booted out by 
Minister in the Prime Minister’s Department (Economic Planning Unit) Tan Sri Nor Mohamed Yakcop. So, Tajuddin’s henchman and proxy, Shahidan Shafie, with his wide tentacles in every law enforcement agency, including being A-G Gani Patail’s close friend, is now hunting those connected to Nor Mohamed. Shahidan is now exacting revenge for Tajuddin.
Only yesterday, the MACC charged Nor Mohamed Yakcop’s former political secretary, Hasbie Satar, for money-laundering. Hasbie, 37, from Sarawak (Idris Jala’s home state) appeared alone and unrepresented when he was charged under Section 4 (1) of the Anti-Money Laundering and Anti-Terrorism Financing Act 2001. This offence carries a fine of RM5million or jail term of five years.
Targetting the High Performer Azman Mokhtar, Khazanah Nasional CEO
Now Tajuddin and Shahidan are targeting the founders of the consultancy firm, Bina Fikir, which was responsible for WAU. Using the blogs, they have linked Nor Mohamed to Bina Fikir’s founders, Rashdan and Cambridge educated Tan Sri Azman Mokhtar who is now heading Khazanah Nasional Berhad, the nation’s investment arm. There are whispers within Khazanah that MACC has been busy visiting Khazanah on uncorroborated allegations. It seems that high performer Azman Mokhtar is being harassed using the MACC. It seems nobody is safe from the wrath of Tajuddin Ramli.
Bribery Allegation Against Robert Phang
Earlier on, using the same anonymous blogs they made an allegation that Tan Sri Robert Phang had attempted to bribe a Secretary-General or Ketua Setiausaha (KSU) of a ministry. To seek vindication and to be cleared early of these allegations, Tan Sri Robert Phang has resigned from the MACC Panel to facilitate the investigations. Since then, the MACC has gone quiet. Instead of hastening their investigation to clear Robert Phang, the MACC seems to be doing nothing. Or is something being planned so that the KSU in question will co-operate with the agenda?
What do we know about the bribery allegation? The allegation is that sometime before Hari Raya of 2010, the KSU of a Ministry which was awarding a contract worth RM 900 million had had chased Tan Sri Robert Phang out of his office because Phang tried to bribe him. What is so difficult to investigate this allegation?
Just interview the KSU concerned. If the KSU says that story is a lie,that’s the end of it. The MACC should announce that finding openly and then clear Robert Phang so that he can qualify for an extension when the MACC Panel’s term is renewed after February 24. Why is the MACC dragging its feet? Is there any reason in delaying the investigation? Is it to disqualify Phang from seeking re-appointment. Clearly public opinion is behind Phang to be re-appointed in that Panel because Phang is the lone voice who has refused to be a rubberstamp.
On the other hand, if the KSU confirms the bribery allegation, then further investigations must 
be conducted. The KSU must be asked if he had reported that incident to his immediate boss, the Ketua Setiausaha Negara (KSN). If he did, what did the KSN advise him to do? Did the KSN direct him to lodge a report with the MACC? If neither of them reported to the MACC, then both of the KSN and the KSU should be hauled up and charged for failing to report a bribery. That is an offence under s. 25 of the MACC Act which provides as follows:
S. 25 Duty to report bribery transactions
(1) Any person to whom any gratification is given, promised, or offered, in contravention of any provision of this Act shall report such gift, promise or offer together with the name, if known, of the person who gave, promised or offered such gratification to him to the nearest officer of the commission or police officer.
(2) Any person who fails to comply with subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.
(3) Any person from whom any gratification has been solicited or obtained, or an attempt has been made to obtain such gratification, in contravention of any provision of this Act shall at the earliest opportunity thereafter report such soliciting or obtaining of, or attempt to obtain, the gratification together with the full and true description and if known, the name of the person who solicited, or obtained, or attempted to obtain, the gratification from him to the nearest officer of the commission or police officer.
(4) Any person who fails, without reasonable excuse, to comply with subsection (3) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment.
That is how simple the investigation should be. That is how simple it is to ascertain if the KSU, the MACC and the A-G are trying to fix Robert Phang for speaking out about A-G Gani Patail’s connections to Shahidan Shafie and Tajuddin Ramli. Let the KSU be forewarned that he can be fined RM100,000 and imprisoned for 10 years if now tries to fix Phang by admitting there was such a bribery attempt .
If the KSU tries to play ball now, whereas he did not report that bribery attempt in September of 2010, then I have no hesitation to say that the public have every right to demand that MACC charge the KSU for not reporting the bribery attempt!
To seek vindication and to be cleared early of these allegations, Tan Sri Robert Phang has resigned from the MACC Panel to facilitate the investigations. Since then, the MACC has gone quiet. Instead of hastening their investigation to clear Robert Phang, the MACC seems to be doing nothing. Or is something being planned so that the KSU in question will co-operate with the agenda?
– Dato’ Din Merican
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Phang wasn’t smart. He could have it both ways but he chose to go one way. What was he thinking if not himself? He abandoned the people he was supposed to serve.
He could have stayed on despite the allegations. By leaving his office for whatever reason or reasons, he has given his adversaries fuel to pour into the fire. Now they can say the allegations againt him must be true.
To require him to take leave of absence for the duration of the investigation, there must be shown some prima facie evidence. Those are not evidence but bare allegations. Presumption of innocence means he need not resign his office. Otherwise it would be an infringement of his constitutional right. And I can see more than one.
I would expect Phang to show courage in the face of adversity. Instead he went for the high moral ground and for that fifteen minutes of fame. To some of us it appears more like he had chosen to put his tail in between his legs and made a run for it.
Malaysia needs heroes, not losers.
Din is asking for his reinstatement. But the guy resigned. He was not booted out for any wrong reason.
Mr Bean - February 12, 2011 at 12:34 am
Now they will say, “What is there to investigate? This Robert Phang had resigned.”
Mr Bean - February 12, 2011 at 12:40 am
You gotta know how to play the game.
Investigate the party who made the allegation? If we investigate every allegation made against somebody, then we would be doing nothing but investigating something or other. Furthermore where is the police report?
Like I said earlier. You gotta know how to play their game.
You see, Phang had the bull horn in his hand and could have used it. Instead he put it down and walked away. What are we supposed to think?
Mr Bean - February 12, 2011 at 12:48 am
Bean, supposing TSPhang didn’t quit and hung on to the advisory panel, but had to take a leave of absence because of the allegations. Other panel members, being who they are, would have insisted.
He’d be hanging on by the ‘skin of his teeth’!
Come 24th of Feb, they will refuse to renew his membership. Would that not look even more suspicious in the eyes of the undiscerning, who make up the vast majority of the public?
But i agree with you that the term ‘reinstatement’ used in this context is ‘out of order’.
In retrospect, he didn’t have your advice – because that would have made a great deal of difference..
C.L. Familiaris - February 12, 2011 at 1:17 am
You see C.L. There is a big difference between the two scenarios you mentioned. So they don’t renew. So what? His term is up. That’s what.
They suspend him while still serving? They got to have a reason and he is entitled to know what that reason is. That’s where you want his accusers to be. He is alleged of committing a wrongdoing. Show us something. Anything that propels them to believe a wrong was done. Then they would have to be a hearing.
Now the guy has resigned. There is no need for a hearing. We will therefore not know. They will not prosecute him for anything. And this Phang guy is forced to strut around with a dark cloud over his head like forever and he can’t do anything about it.
Now isn’t that stupid of him??
Mr Bean - February 12, 2011 at 6:04 am
Or as some may believe, there is more than meets the eye. Maybe there is some basis for the allegations which may not rise to the level of a crime but enough? And that’s why he resigned. You cannot clear youself unless you are charged with something.
They are not interested in finding him guilty of anything but just to cast some doubts over his integrity. By resigning he gave them a bonus.
Mr Bean - February 12, 2011 at 6:10 am
In a rape case, for example, the best defense is to destroy the credibility of your accuser. And you have a right to confront your accuser. All that is no longer available to him.
Mr Bean - February 12, 2011 at 6:15 am
Why? Because there is no case.
Mr Bean - February 12, 2011 at 6:16 am
It is perfectly understandable that our Dato’ appears to want to educate them on the niceties of the relevant law in the hope that the mockery would prompt them into taking some action. They are too smart for that.
Mr Bean - February 12, 2011 at 6:22 am
When it comes to Robert Phang, Mr. Bean seems to be incapable of being fair to the man. As far as I concerned this crusader against corruption is setting the example for those in power or in positions of high responsibility. He is stepping down to enable the MACC to conduct proper investigation so that he can clear his name.
In Japan, when there is a serious air crash, the Minister of Transport takes a bow of remorse and apology and resigns. That also happens in the UK, the US and other advanced countries. In Malaysia, when the flyover in Kepong was defective, for example, Samy Velu hung steadfastly to his job instead of resigning. Samy then appointed “independent” consultants to do the review with terms of reference, which naturally excluded his role in the matter. What a shame that there is no accountability.
kakrubi56 - February 12, 2011 at 7:05 am
Well, kakrubi56, you made a major point here.
Mr. Bean is an interesting man but pardon me, he can go off tangent from time to time, especially if he is at his wateringhole in Harlem.
Yes, Phang has set the trend for accountability. The A-G Gani Patail and that despicable bodek king Ramon should do the same. Resign and allow proper investigations to take place. But No, for reasons best known to themselves, both Gani and Ramon are hanging on to their positions. “Tak malu”, in Malay, but in PoobaLand, we say “Poorah, Thamby”. Ramon will understand what that means.
Abbot of Grand Pooba - February 12, 2011 at 7:18 am
Sorry to digress but quite relevant, Mubarak has stepped down. Victory to the people of Egypt.
Kathy - February 12, 2011 at 7:23 am
It is amusing to see Bean pontificating from a far away land with his fanciful theories without any sense of the reality on the ground. In the process, he crucifies Phang for being stupid, a loser etc etc.He criticised Phang for “failing to show courage in the face of adversity”, whereas that is the constant factor about Phang-fearless and courageous in going vs the all powerful AG. There is not a word of encouragement from Bean.The high moral ground taken by Phang is exactly what Malaysia needs at this time of decadence and moral crisis of the public and essential services.I hope Bean would be considerate not to derail the real subject and issue of discussion by dominating this space with his monologue.
Din Merican must be congratulated for identifying the real issue-is MACC being used again by AG Gani Patail to fix up innocent citizens? If so and that KSU is party to this conspiracy, Din is forewarning that the KSU should be the first to be charged. Hopefully, the KSU recognises his precarious position and won’t bow to any pressure.
comrade - February 12, 2011 at 7:59 am
Also what a pity a daily which boast of transparency & telling it as it is is really a crab ! All the shits of writing about championing the people ,the paper seems to have something against Phang or a hidden agenda perhaps !
By attacking & kinda spinning in a way demoralising Phang recently ! Talking of ethics !
Mohamad - February 12, 2011 at 8:02 am
Do you get the sneaky feeling that Idris Jala was removed from MAS for the simple reason that they are afraid of him digging up the dirts in MAS? Tajuddin men are still very active and doing all they can to prevent a full scale investigation of the MAS affair. And these are men who are still in the government. It’s impossible for Tajuddin to scoop everything for himself. There must be many who were there to share the loot including former ministers and the great Kutty himself. As your report says, Jala has to spill the beans but I doubt he would. As they say, everyone has a price.
apaijabu - February 12, 2011 at 9:13 am
Well.., Bean has a point in that TSPhang might have ‘jumped the gun’ in quitting in a huff. He was certainly under considerable ‘pressure’ from within and without. Phang did not ‘ruminate’ sufficently regarding the legal aspects, but decided on the ‘ethical’ way as some of you put it. He caved in due to specious extra-legal accusations.
If ALL the so called members of the panel (with the notable exception of the chairman), had resigned en masse in protest, it would’ve been a slap in the incredibly thick face of the establishment. That would be different. So much for morals, ethics and possibility of redeeming MACC eh?
It is easier to quit than to fight and Phang is a lover not a fighter. It is difficult to fight Whores, as any good Samaritan will tell you.
C.L. Familiaris - February 12, 2011 at 10:48 am
There is more than MAS and Robert Phang in this DM’s piece. It seems that it has become the practice in political Malaysia that if you want to remove someone, you demonise him or create stories that undermine his credibility and integrity. They did that to Tan Sri Hassan Merican of PETRONAS. What happens? Singapore recognises Tan Sri Hassan.Now they are apparently going after Cambridge educated high performer Tan Sri Azman Mokhtar of Khazanah Nasional. This is sad and very shortsighted.
There is no point having Talent Corporation when you don’t appreciate talent that is already here. Malaysia, when are you going to wake up! You don’t destroy talent, you invest and develop talent. The consequence of your politically motivated action is that you have mediocre and incompetent people at helm of our GLCs.
Ahmadi Hussein - February 12, 2011 at 12:32 pm
“The MAS scandal is like a fiery comet flying across the sky. It has brought a trail of other scandals into light.”
Bingo Dato’. Yes MAS is a FLYING BUFFET. Everybody has or had a stake there.
You are also right abt Jala “If it was fiction, then we have a lot to worry in leaving the whole country’s economic fortunes in the hands of Idris Jala.”
More juice here:
http://www.blogger.com/comment.g?blogID=28452020&postID=9026126045017079570
Blustered - February 12, 2011 at 1:44 pm
Yeap, Jala was earlier asked to resign from MAS twice but he refused. So Pak Lah (upon Nor Yaakop advice and who had earlier put Jala there and also said Jala was the best CEO money can buy) had to offer Jala “a minister reporting to another minister post” so as to prevent Jala from causing more damage to MAS.
Alas, history repeats itself, Jala is now screwing Pemandu and the Civil Service with all the Labs.
More pekung will surface soon.
Big Bird - February 12, 2011 at 2:02 pm
Talent Corp is exactly what we need, Ahmadi. Hey, we need unknowing returned Malaysians to fill up all those vacant seats when those GLC guys are hounded out!
TomCat - February 12, 2011 at 6:40 pm
When the KSU thing came up the KSN, if he really believes in putting his money where his mouth is, should have asked Phang to name names.
After all the KSU is appointed by him and should be defended.
But knowing Sidek I guess the pic you had of him speaks a 1000 words. Another one on the gravy trail and damned if he’s going to upset the game.
Poor Sidek, looks like he’s trying to tell us that he’s got a gun to his head telling him to play by the rules.
And sucking up to the bosses is the only way to ensure the trigger is not pulled.
Mr Bojangles - February 12, 2011 at 7:01 pm
This country is next in line to FALL…with this gangsters around we shall see horse thieves being HUNG again….
komando - February 12, 2011 at 9:32 pm
Dear Komando,
Brother Bob Marley’s prophetic words again:
“Them Belly Full But We Hungry”
Them belly full, but we hungry;
A hungry mob is a angry mob.
A rain is fall, but the dirt it tough;
A pot is cook, but the food no ‘nough.
Cost of livin’ gets so high,
Rich and poor they start to cry:
Now the weak must get strong;
They say, “Oh, what a tribulation!”
Them belly full, but we hungry;
A hungry mob is a angry mob.
A rain is fall, but the dirt it tough;
A pot is cook, but the food no ‘nough.
Phua Kai Lit - February 12, 2011 at 10:28 pm
If the KSU and aligned people don`t clear TSRP say by a certain time, he should sue them. Let them respond.
Anyway we are all living in Bolehland and whatever efforts will be repulsed by those who walk the corridors of power now.
Those guys might even bring up another KSU and charge TSRP for attempted sodomy.
We live in Shitty times.
Joe A - February 13, 2011 at 12:39 am
Mr. Bean is an interesting man but pardon me, he can go off tangent from time to time, especially if he is at his wateringhole in Harlem.
Abbot Of Grand Pooba,
You’re welcome to my wateringhole ‘Where Size Counts’ anytime. Emmie was my regular customer. Because of her personality which swings from exuberant to vibrant (batteries not included), JAKIM had to have my joint locked up and I was out of business for a while. But I’m now back!
http://www.wateringole.blogspot.com
Mr Bean - February 13, 2011 at 3:41 am
Like I said, Abbot of Grand Pooba. My http://www.wateringole.blogspot.com is due for a grand re-opening this Summer.
My patrons are mostly intellectuals (including pseudo-intellectuals, mostly pin heads in pin striped suits out-of-a-job living off their 401k) and being intellectuals they insist on intellectual masturbation. My walls, as a result, need re-spraying but Obama’s stimulus never arrived. About the only person who got stimulated was Emmie who would make trips from Calgary, across the border from upstate New York just to let her hair down in my wateringhole. This weekend she promised to let us eat sushi off her. Yes, we’re talking nyotaimori.
Mr Bean - February 13, 2011 at 5:49 am
Mongkut Bean
Why so tight security to visit your waterinhole? Me no like the ID for entry. Me of legal drinking age and should just need a driver’s license instead of a Google Blog account.
semper fi - February 13, 2011 at 8:47 am
Unfortunately, there are two sets of laws in Malaysia and obviously we see “selective persecution” being practiced here in Malaysia. In the end all will have to face a Just God.
Ag - February 13, 2011 at 9:34 am
first, get rid of the corrupt goons in AG and MACC offices. These are the rodents of the country and ought to be terminated to prvent them from spreading their diseases.
You must thank Mahatir for promoting a fabricator to head the AG office. With such kind of chararcter, the cancer has spread to all nodes of the AG office. Darn, do we need a Egypt to cleanse this country?
aca - February 13, 2011 at 10:30 am
Din
The pro-UMNO bloggers are going to town that this $8 billion MAS loss is all a figment of the Govt’s detractors and Air Asia supporters’ imagination since most of these losses are not reflected in MAS’s own balance sheet.
That’s because the Govt took over all the re-structuring and retrenchment costs and financed purchased of new aircrafts, injected new capital to pay off creditors and provide new working capital.
Can you get any info from PMB or MoF as to the total cost of bailing out MAS? That will shut these misdirectors up once and for all.
dpp
we are all of 1 Race, the Human Race
______
The information is kept in the Malaysian Treasury–under RAHSIA so difficult to get. Accounting can do wonders. It is called creative accounting. Maybe registrar of companies? Take care, don.–Din Merican
donplaypuks - February 13, 2011 at 1:11 pm
SemperFi, as a retired U.S. Marine you do not need any ID to gain admission into my wateringhole. Just show the hole where the bullet entered your butt.
Dato’ has deleted my promo for the nyotaimori event by Emmie for the opening night.
Mr Bean - February 14, 2011 at 12:26 am
“Can you get any info from PMB or MoF as to the total cost of bailing out MAS? That will shut these misdirectors up once and for all.”
Look at their Balance Sheet and look under ‘contingencies’ you’ll get a fair idea.
Mr Bean - February 14, 2011 at 12:58 am
What we are seeing in this country is the filthy and powerfuls, trying all ways to threaten, discredit and silent those who are against their interest. They are using all their resources on harmful and nonproductive schemes to destroy others for their own benefits.
Is our country reduced to such poor state, where the powerfuls are the law???
concerned citizen - February 14, 2011 at 12:49 pm