Easy to catch the Corrupt,says Citizen Nades


December 3, 2016

Easy to catch the Corrupt,says Citizen Nades

http://www.thesundaily.my/node/409549

Image result for nadeswaran the sun

Citizen Nades

UNTIL October 2006, few people outside political circles knew him. He rose from an obscure railway gatekeeper staying in a one-room quarters at the railway crossing where he was required to raise the barriers to allow vehicular traffic to flow after the trains had passed by.

By the time theSun front-paged the story on his “meteoric rise” and his “palace” which he had built on land meant for low-cost housing, his positions in the party and as a state assemblyman were hanging by a thread.

Image result for Zakaria Mat Deros

The dearly departed UMNO crony of the convicted former Selangor Menteri  Besar Mohamed Khir Toyo

The late Zakaria Mat Deros (pic) (God bless his soul) gained notoriety for building his 16-bedroom house without even submitting building plans. He had not paid the assessment for 12 years on two low-cost units previously occupied by his large family.

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Jamal Yunos is arguably the richest Ikan Bakar man in the world with close connections to Najib Razak  who is the most corrupt Malaysian Prime Minister and UMNO el Presidente.

So, last week nostalgia came back when the Ikan Bakar man took journalists on a helicopter ride to show the “palace” of a politician – a divisional youth leader in the opposition.

 Image result for IGP Mansion

He is not Malaysia’s Inspector-General of Police, but UMNO’s Policeman and Prime Minister Najib’s Poodle

Preceding this, Crime Watch supremo alleged that the Inspector-General of Police had himself built yet another “palace” in Mantin (pic above).

The accusers in both instances asked the relevant authorities to investigate them alleging that they must explain how they got the money to acquire such property.

This prompted a Facebook user to suggest in jest that he wants partners to start a helicopter service for aerial tours to pick out mansions of politicians. In banter, I offered my services and reasoned that I had a good track record.

Over the years, I have come across several ordinary cikgu who became millionaires after their foray into politics. There are scores of “politically connected people” (to borrow a term that has now become the new mantra for banks and bankers) living in similar luxury.

There are also good people who stepped into the dark side unable to resist their own temptation or that of their wives to lead different lifestyles and keep up with the Joneses. There are some female golfers who even have golf bags to match the colour of their attire.

Then there’s the average man who is turned over because he can’t make ends meet on his meagre salary and many dependants. But the law does not differentiate between the poor, the middle class and the rich. Perhaps, such a factor could be pleaded in mitigation for a lighter sentence.

I have been repeatedly told that being rich or wealthy does not constitute an offence. An offence only takes place if the money is obtained illegally – corruption, money laundering, criminal breach of trust, cheating and the like.

Image result for Malaysia's Most Corrupt Prime Minister and Rosmah Mansor

Asking the authorities to investigate the source of the money is dangerous territory full of mine fields and cluster bombs.

First of all, the Malaysian Anti-Corruption Commission (MACC) can only compel someone to declare his assets. Once the assets are declared, there is no offence.

Second, if he or she is caught with the cash or money in the bank, a non-acceptable explanation would lead to charges of money-laundering – NOT corruption; not getting assets through corruption; not getting money from illegal activities.

We had the perfect opportunity to put it right when former prime minister Tun Abdullah Ahmad Badawi promulgated the Malaysian Anti-Corruption Commission Act to replace the outdated Anti-Corruption Act towards the end of his tenure.

In the proposals was a clause which stated: “It shall be an offence of any person to lead a lifestyle or possess assets which are disproportionate to his or her declared income.”

By the time this legislation was presented as a bill in Parliament, this clause had been removed from the original draft. We were then told that several “warlords” within the system opposed the clause because they themselves would have to account for their wealth!

So, instead of putting the onus on the official suspected of corruption to prove he earned the money legitimately, the prosecution has to prove that he had received a gratification. That is difficult because corruption is a victimless crime. Both giver and taker benefit and one usually will not squeal on the other.

In the absence of such legislation, the prosecution usually files money laundering charges. But the core issue of proving that he or she was a corrupt person through the legal process becomes almost impossible. In such circumstances, it leaves Joe Public’s imagination to run wild as to the source of the wealth.

Under these circumstances, shouldn’t that catch-all clause be re-visited with a view to tightening our anti-corruption laws? Hong Kong has been successful in its fight because such a clause in its legislation empowers officers from the Independent Commission Against Corruption to serve notice demanding explanations from suspected corrupt officials.

If they fail to provide a plausible or satisfactory account of their wealth, they are prosecuted. A few like-minded lawyer-friends had a discussion on this and came to the conclusion that if this clause is incorporated, our prisons would be overcrowded.

R. Nadeswaran had the benefit of seeing the “new” legislation before and after it was presented and passed in Parliament. Comments: citizen-nades@thesundaily.com

 

12 thoughts on “Easy to catch the Corrupt,says Citizen Nades

  1. CORRUPTION IS THE SHORTEST WAY TO BE RICH AND MAKE RELATIVES-FRIENDS RICH OVERNIGHT OR SHORT PERIODS OF TIME. THIS IS ONLY POSSIBLE IF ONE HAS POWER OVER ‘TRUST’ FUNDS BELONGING TO PUBLIC-SHAREHOLDERS-DEVOTEES. THIS MAY BE THE REASON WHY PEOPLE WANT TO HOLD POSITIONS OF POWER EITHER ON THEIR OWN OR INSTALL PROXY IN POSITIONS OF POWER OR ENFORCEMENT AS THIS WILL ENSURE THEIR CONTINUATION OF HOLDING OF POWER AND THUS EXEMPTION FROM ANY LAWS.
    THIS IS INTERNATIONAL CULTURE AND THE ONLY DIFFERENCE MAY BE THE METHODS USED.
    THIS IS NOT A CASE OF LEGAL OR ILLEGAL AS THE LAWS MAY BE MADE BY THOSE IN POWER AND THUS MAKE THEIR OWN ACTIVITIES ‘LEGAL. THE QUESTION SHOULD BE MORAL-ETHICAL-HONEST-INTEGRITY BASED BUT THEN THESE VALUE HAVE NO PRESCRIBED PENALTIES IF THESE VALUES ARE NOT PRACTICED.

    MAY THE ‘ALMIGHTY’ HELP THE VICTIMS OF THE ACTIVITIES OF THE CORRUPT AND GREEDY BUT THEN IT IS ASSUMED THAT EVEN THE RESPECTIVE ‘ALMIGHTY’ MAY ALSO HAVE BEEN ‘CORRUPTED’ BY ‘BRIBES’ OR ‘SHARING OF THE PROCEEDS’ IN THE FORM ‘DONATIONS’ OR ‘OFFERINGS’ OR ‘PRAY’ SESSIONS ON NATIONALS SCALE OR BY BUILDING GRANDEUR PRAYER PALACES TO KEEP THEIR RESPECTIVE ‘ALMIGHTY’ LIVE IN LUXURY WITH THE EXPECTATION THAT WHEN THESE ‘CORRUPT’ DO GO TO MEET THEIR RESPECTIVE ‘ALMIGHTY’ THEY WILL BE ABLE TO CALL IN THEIR FAVORS AND HAVE A PLACE WHERE THEY CAN CONTINUE TO LIVE IN LUXURIOUS LIFE STYLE THEY HAD BECOME ACCUSTOMED TO.

    ALL THE ORDINARY CAN PRAY FOR IS SOME JUSTICE BECAUSE LITTLE CAN BE EXPECTED FROM THOSE IN POWER.
    .

  2. Nades,
    In sharing your plight/solving such cases/instances.
    ‘Kow-Tim’ is the word,should be incorprated in English dictionary.
    When such cases arises,the judges can determined/distinction conforming to corruption,thus neutralising ambiguity

  3. [Source: Guardian UK- by Rajeev Syal and Anushka Asthana-1.12.16]

    MPs may be told to curb lucrative second jobs in new code of conduct.

    ELECTED/NOMINATED/APPOINTED POLITICIANS AND DIRECTORS ON BOARDS IN THE COMPANIES/ORGANIZATIONS OR TRUSTEES OF FUNDS COMMONLY HAVE MULTIPLE INTERESTS AND OTHER INTERESTS WHERE THE OFFICIAL POSITION CAN BE USED [OR ABUSED] FOR ADDITIONAL SECOND INCOME.
    UK REPORT IN THE GUARDIAN REFERS TO UK BUT THE PRACTICE MAY BE INTERNATIONAL CULTURE.

  4. Most, if not all, politicians, East or West, (barring scions of rich political families), started out relatively poor and became fabulously rich after entering politics and thus needed to “pay-back” his backers who put him in power which perpetuates the corruption vicious circle.

    In the case of Trump he is rich before entering high-level politics and mostly paid his own way in the presidential campaign and thus arguably able to avoid the pay-back syndrome. Even some of his potential finance / economic appointees are millionaires. Let’s wait and see if this makes any difference.

    As for Malaysia, cash is already king, (or may be just a little prince), right from the start and merely reached its present majestic status commensurate with the country’s economic development affording opportunities unheard of during the reign of the first 3 PMs.

    Politics and corruption can never ever be uncoupled and wiped out because greed and avarice is ingrained in the human psyche being a necessary mechanism for survival and self-preservation. The best we can hope for is containment to a degree that the general population’s welfare is not curtailed thereby. For this to happen strong, institutionalized check-and-balance mechanisms be in placed backed by altruistic civil society organisations of truly remarkable citizenry.

    I believe it is still not too late for Malaysia.

  5. Hadi’s PAS says stealing, if you are powerful, is not wrong but if you are powerless, even if you steal to feed your hungry children, your hands have to be cut off.

    The Malays are incapable of seeing their dysfunctionality. Once the core is rotten, it’s hopeless, collapse is certain even if it’s not imminent.

  6. So far how come only the taker have been prosecuted? No giver have been prosecuted. Also how come no accomplice or parties that were implicit in the act of corruption were not brought to court to face legal action?

    To curb and prevent corrupt practice both taker, giver and facilitator should be charged. Many corrupt practice would not happen if certain parties involved had not allowed it to progress. Thus these parties are equally guilty for failure to discharge their duties and prevent a corrupt act.

  7. Quote:- “So far how come only the taker have been prosecuted?”

    …because it is very much like prostitution; only the prostitute, who is the “taker”, is charged for anything.

  8. Semper Fi, as in the case of 1MDB, the giver is the institutional investors who got suckered into lending the money. After that, it is the Bank of China. The giver is a victim too, especially in the latter case. Or as Tun M spelled it out, the giver include future generations of Layusian. The MeLayu can see their claim of petronas in South China sea disappeared within the nine dash line, or in some difficult to be seen fillings of big corporate not owned by the people of Layu land. There is no giver here in 1MDB. Just suckers.

  9. katasayang, yes in 1MDB there is no giver but there are facilitators, i.e. the Board of Directors, the CEO and the CFO who failed in their fiduciary duties and collaborated with Jho Low and his gang. Why weren’t these people the BoD brought to justice for the failure to stop the flow of funds to illicit accounts? Had the BoD acted and refused to accommodate the request by Jho Low the 1MDB scandal wouldn’t snowball to such magnitude. Regardless whether are layu layu or not they have failed to safeguard the sovereign funds and thus are complicit in the corrupt practice and should face justice.

    The claims by Petronas in the SCS is another betrayal as Malaysia have not exerted its claims in a strong manner and allowing Chinese warships to operate close to the 12 mile limit off the coast of Sabah and Sarawak. If Malaysia is serious it would send its navy to intercept the Chinese ships or at least send protest notes that future such intrusion will be dealt with accordingly. Instead Malaysia chose to keep quiet. Even without the nine dash line Malaysia’s natural resources have already been sold for the next 30 years. On top of that now we have Chinese government controlled companies owning vast track of land, the Sg Besi Air Force base, the power generating companies and next will be the ports.

    A return to Chinese rule similar to the Malacca Sultanate without the gunboat diplomacy but through economic strangulation.

  10. Quote:- “So far how come only the taker have been prosecuted?”

    …because it is very much like prostitution; only the prostitute, who is the “taker”, is charged for anything.

    IT COULD BE THE REASON WHY FOR CENTURIES, ‘POLITICS’ HAS BEEN EQUATED TO ‘PROSTITUTION’ AS THEY CHANGE THEIR ‘FRIENDS’ BASED ON PERSONAL INTERESTS AND BENEFITS AND DUMPED THE MOMENT THEY MAY BECOME A LIABILITY AND DANGER TO THEIR OWN POSITIONS.

  11. In Bolerhland they are still playing “Hide & Seek”…!!!

    What say you…???

    My respects to the Abu Dhabi’s Emir…!!!

    ABU DHABI – A futuristic 35-story tower where doors swoosh open with the wave of a hand…!!!

    Houses a little-known firm long used by this emirate to deploy its oil riches around the world…!

    In April 2015, Abu Dhabi’s emir removed Mr. Al Qubaisi from IPIC without explanation….!!!

    Two months later, he and Mr. Al Husseiny were arrested….!!!

    http://www.wsj.com/articles/malaysian-money-trail-leads-to-the-middle-east-1480614247

  12. I dont think anybody in this world would called institutions that were suckered to part their money with MeLayu and CinaKui as a form of bribery but more like stupidity.

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