Monday, October 24, 2011

Zambry wants to cover up issue by filing a suit‏


Filing a suit does not clear the name of BN Perak MB, Dato’ Seri Zambry Bin Abdul Kadir and his administration but only goes to show that they have something to hide.

BN Perak Menteri Besar, Dato’ Seri Zambry Bin Abdul Kadir has been reported in the media yesterday (23/10/2011) that he will be filing a suit against me for my statement that he and his administration has approved a total of 68,503 acres of land since 2009 till July 2011. The statement was issued by me in pursuant to my duty as an elected representative. It was not a personal attack on Dato’ Seri Zambry but a demand by the people that he and his administration be transparent in the award of state lands.

I stand by what I have said and awaits the summons from him.

Dato’ Seri Zambry’s threat to sue me only goes to prove that he and his administration have something to hide. As a Menteri Besar he has a duty to answer to the elected representatives of the people of whom I am one. Dato’ Seri Zambry has not denied that his administration has approved the abovesaid 68,503 acres of land. My only challenge to him was to disclose the names of the recipients of the said lands and to explain why he has approved 60,561.75 acres of industrial/agriculture land at about RM375 per acre only.

Filing the suit against me only goes to show that he and his administration are not transparent and have something to hide. He hopes to silent me by filing the suit so that this matter can no longer be brought up for public discussion as it will be sub-judice. The hearing of the suit will take a few years. I expect Dato Seri Zambry to withdraw the suit after this coming 13th General Election and pay me some costs which he will be happy to do in order to avoid public scrutiny over this issue pending the 13th General Election. His action will be an abuse of the court process.

The public has the right to demand that Dato Seri Zambry and his administration be transparent and disclose the names of all the recipients of the 68,503 acres of land.

Dated this 24th day of October 2011.

MP for Beruas & State Assemblyman for Sitiawan

Friday, October 21, 2011

Lapuran SPRM terhadap kelulusan tanah 68,503 ekar oleh Zambry‏

Kenyataan Akhbar

Pada jam lebih kurang 11.30 pagi ini saya akan pergi ke pejabat Suruhanjaya Pencegah Rasuah Malaysia di Ipoh untuk membuat lapuran terhadap Kerajaan BN Negeri Perak yang di pimpin oleh Dato’ Seri Zambry Bin Abdul Kadir.

Saya telah menerima maklumat yang kukuh bahawa Kerajaan BN Perak yang dipimpin oleh Dato’ Seri Zambry Bin Abdul Kadir telah meluluskan tanah-tanah berikut sejak 2009 hingga Julai 2011.

(i) Kuari
(a) Keluasan : 528.5582 ekar
(b) Premium : RM7,099,250.00

(ii) Lombong
(a) Keluasan : 4,502.965 ekar
(b) Premium : RM297,357.00

(iii) Skim Perumahan
(a) Keluasan : 2,910.61 ekar
(a) Premium : RM123,534,786.00

(iv) Skim Industri/Pertanian
(a) Keluasan : 60,561.73 ekar
(a) Premium : RM22,696,910.00

Saya telah berkali-kali dalam Dewan Undang Negeri dan melalui media meminta Dato’ Seri Zambry untuk mengumumkan dan menyenaraikan nama-nama penerima-penerima tanah-tanah tersebut tetapi beliau telah enggan berbuat demikian.

Saya mensyaki ada penyelewengan yang berlaku terutamanya tanah industri/pertanian yang diluluskan dengan harga lebih kurang RM375 seekar sahaja. Harga pasaran seekar tanah dinegeri Perak sekarang adalah sekurang-kurangnya RM20,000 seekar. Ini bermaksud jika 60,561.75 ekar dijual secara lelong terbuka Kerajaan Negeri Perak akan menerima wang sekurang-kurangnya RM1.2 billion.

Pada 17/10/2011 Dato’ Seri Zambry telah melalui satu kenyataan media telah menjelaskan bahawa tanah-tanah yang diluluskan kepada Majlis Agama Islam Negeri Perak (MAIP), Sekolah SUWA, Yayasan Perak dan agensi-agensi dan anak-anak syarikat milik Kerajaan Negeri dengan kadar nominal. Saya percaya jumlah tanah yang diluluskan kepada organisasi, agensi dan anak-anak syarikat tersebut merupakan sebahagian kecil daripada tanah-tanah tersebut yang telah diluluskan.

Demi kelulusan dan untuk memastikan bahawa tidak ada salah guna kuasa, penyelewengan dan rasuah saya hari ini membuat lapuran kepada SPRM.

Saya akan membekalkan bukti kukuh bahawa tanah-tanah yang tersebut di atas semenangnya telah diluluskan oleh Kerajaan BN sejak rampasan kuasa yang dilakukannya pada 6hb Februari 2009.

Bertarikh 21 Oktober 2011 jam 10.00 pagi.


Sunday, October 9, 2011

DAP Perak 16th Annual Convention at Ritz Garden Hotel, Ipoh on 9th October 2011

Speech by Sdr Ngeh Koo Ham, DAP Perak Chairman at the DAP Perak 16th Annual Convention at Ritz Garden Hotel, Ipoh on 9th October 2011 at 10.00 am

‘We Can. We Must. We Will.’

1. We can take back State authority in Perak and also to take Putrajaya.

Immediately after BN’s grab of power in Perak on 6th Feb 2009, a survey conducted showed that Pakatan Rakyat (PR) would be able to win 40 out of the 59 State Assembly seats in Perak had the State election been held then. There was outrage throughout the State and nation wide. The outrage has subsided but a survey conducted in July this year showed that PR can still win 33 out of the 59 seats if election is called.

We can take back State authority with the support of the people of Perak.

We must however, not be complacent. PR has 8 seats where we won in 2008 with less than 1,000 votes. On the other hand, we can also win big as BN has 10 seats which they won by less than 1000 votes (3 of which won by less than a 100 votes). We can win 41 seats to form a very stable government if these seats fall into our hands. PR won 31 seats in 2008. We can do it. Let’s work hard to achieve it for the people.

In every disaster, there is a silver lining. In every crisis there is opportunity. The grab of power by BN in Perak will probably be proven to be instrumental to the defeat of BN at the Federal level in the coming general elections. The people will be able to see the true self of the chief architect in the Perak power grab, Dato’ Seri Najib Tun Razak. They will not fall for his slogans. They will not give him the chance people normally do when a new Prime Minister comes to office. Similarly Dato’ Seri Zambry Bin Abdul Kadir will not have the benefit of newly assuming office as the new Menteri Besar. The people see him through and through. His thousands of banners and billboards (the largest number in the history of Perak) trying to portray himself in good light will not be able to deceive the people.

The people also see the true colours of Parti Gerakan, MCA and MIC who participated and endorsed the power grab. In every democratic country, from USA to UK to Japan, we see Prime Minister, Ministers and even police chiefs bow apologically in shame and resign from their posts if there is a scandal or failure on their part even though they were legitimately elected or appointed.

Only in Perak and in Malaysia, we see Najib and Zambry after grabbing power trumpeted their success, putting up banners and billboards to promote themselves.

2. We Must

We must rectify the situation. We must restore morality, integrity, dignity and righteousness to this beloved nation of Malaysia. If we allowed the grab of power in Perak to go unpunished, we are sending a message to our children and our children’s children that robbing and stealing are permissible so long as we achieve our purpose. A nation without morality, integrity, dignity and righteousness is doomed to fail.

We must save our nation from BN’s corruption, abuse of power and mismanagement which will eventually lead us to bankruptcy. We must strengthen the democratic institutions in our country. We must ensure transparency, good governance and democratic principles and values are upheld.

We must ensure that which has happened to the Perak State Assembly must never be allowed to occur again. We must restore the Perak State Assembly to its rightful place. We must make right the Perak crisis court cases where judges do not follow the law.

Under the impression that he is secured with the police on his side and immune from the law, Zambry has approved 60,561.33 acres of industrial/agricultural land at an average price of RM375 per acre since the grab of power. Despite repeated demands, he has refused to disclose the names of the receipients. We can only assume that most of these lands were approved to his or BN cronies. If Zambry and his or BN’s cronies were to benefit RM20,000-00 per’s acre from these approvals, they would have made a staggering RM1.2 billion far exceeding the Perak State Government’s annual budget! We must demand transparency.

Prime Minister Tun Hussein Onn expressed his worry when our nation was indebted in the sum of RM20.0 billion. Tun Mahathir has allowed it to balloon to RM238.3 billion when he left office in 2003. Tun Abdullah Badawi allowed it to grow to RM313 billion.

Today our nation is indebted to the tune of RM455 billion about 53.8% of our GDP. Argentina became a bankrupt nation when its national debt reached US95 billion (RM285 billion). Many more nations in Europe are facing bankruptcy. Malaysians must not think that our nation can never be bankrupt. Each Malaysian is now indebted about RM16,000-00 or RM80,000-00 per family of 5 persons!

2012 Budget sees us in deficit of another RM51.2 billion. Estimated income is RM181.6 billion while the expenditure is RM232.8 billion. Repayment of debt for 2012 has reached RM20.45 billion.

Unless a debt is incurred in order to earn more money, every debt incurred by us is to use up the money belonging to our future generations. We must let the people realize that the goodies given by BN during elections to cover up their excesses and corruption only add on to their sorrows to come. We do not want our children to curse us for the sufferings they have to endure due to our failure to prevent BN from making our nation a bankrupt nation.

We Will
We will together with other Pakatan Rakyat parties work tirelessly to save this nation from possible bankruptcy. We will work to enhance the quality of education and the quality of our universities. We will restore, uphold and strengthened the democratic institutions of this country. We will make Malaysia a better place for all Malaysians. We will surmount the challenges ahead of us together. We together reaffirm that we can, we must and we will take back state authority in Perak and take power in Putrajaya.

We Can. We Must. We Will.

DAP Perak Chairman
MP for Beruas & State Assemblyman for Sitiawan

Sunday, October 2, 2011

Zaki's admission voids MB vs MB trial

The Federal Court rulings on cases involving the Perak constitutional crisis should be considered void because of former Chief Justice Zaki Azmi's admission that he had no part in forming the panel which heard them, said Perak DAP.

Perak DAP chairperson Ngeh Khoo Ham said that Zaki's admission that he did not empanel the five-member panel which heard Mohd Nizar Jamaluddin's case was wrong in law.

Citing Malaysian Bar vs Tan Sri Dato Abdul Hamid bin Omar [1989] 2 MLJ page 281, he said that the Supreme Court had in 1989 ruled that a Federal Court panel can only be empaneled by the chief justice.

"By virtue of this Supreme Court decision, the highest court in the land, empaneling a Federal Court bench by any other person is not allowed.

"Therefore the Federal Court decisions in regard to the Perak crisis cases are void," Ngeh (right) told Malaysiakini.

Only CJ can constitute panel

In 1989, the case of the Malaysian Bar against former Lord President Abdul Hamid Omar, the Federal Court had ruled that only the lord president alone is entitled to convene and empanel judges to constitute the Supreme Court for any sitting.

"The powers of the lord president or any person acting as lord president under Section 38 and 39 of the (Courts of Judicature Act) are express statutory powers which cannot be exercised by others unless properly exercised under s 9(1) of the Act during illness or absence from Malaysia or owing to any other cause when the lord president is unable to exercise the functions of his office.

"We read the words 'any other cause' in s 9(1) to relate to physical inability in the sense that the lord president is unable to perform his functions," read the judgment.

In an interview with Malaysiakini on Sept 12, Zaki had said he had instructed his deputy, Court of Appeal president Alauddin Md Sheriff, to handle the Perak crisis related cases when it came up to the Federal Court.

Zaki said that he did not want to be involved in the cases as he did not wanted to be accused of conflict of interest as he had once been heavily involved with Umno.

"I did not sit on any cases which were not only political, but had a flavour of politics. I did not even constitute the panel. I told my Number Two: 'You go to constitute (form) the panel. I don't want'," said Zaki.

'New CJ must right wrongs'

Ngeh, who is a senior lawyer, argued that since the decisions of the Federal Court were now void, it was incumbent upon the current Chief Justice Ariffin Zakaria to constitute a new panel to hear Nizar's case.

"Since the Perak cases have not been disposed off, we call upon the present chief justice, to convene a new panel, to review the decisions that have been made by the earlier unlawfully convened Federal Court hearing," he said.

In the same vein, Ngeh said Zaki's (left) revelation in the same interview that a court registrar had arranged for a single Court of Appeal judge to hear Zambry Abdul Kadir's application on May 12, 2009 had also raised questions.

"How can a registrar have the powers to call on a Court of Appeal judge to hear a case?" said Ngeh, explaining that such powers lie with the Court of Appeal president.

On May 11, the Kuala Lumpur High Court ruled in favour of Nizar's application to be declared the legitimate Perak menteri besar.

But in less than a day, Zambry managed to obtained a stay of execution order from the Court of Appeal. His application was heard by a single judge - Justice Ramly Ali - despite there being two three-member panels hearing cases that day.

This fact, along with the swiftness in which the stay was granted, has led Nizar and his counsel to question the court's integrity.

Malaysiakini - Andrew Ong
Oct 1, 2011 2:39pm