Press Statement by Member of Parliament Klang Charles Satiago in Parliament on 5th Nov 2009
Once again we see the shadow play by the government, spiced with all the local ingredients of cronyism, rhetoric, cocktail of business and politics and topped with total disregard for accountability.
This pretty much sums up the shocking non-committal statement made by Prime Minister Najib Tun Razak who opined that the government would consider legal action against those recommended by the Public Accounts Committee (PAC) for implications in the Port Klang Free Zone (PKFZ) scandal only if there is a need to do so.
The PAC after much inquiry strongly suggested that the government investigates former Transport Minister Chan Kong Choy and former Port Klang Authority (PKA) general manager O.C.Phang for criminal breach of trust.
Najib’s response is to wait for the special task force, set-up under the Chief Secretary to the Government, to determine if legal action is needed against the two.
Conventional wisdom has it that there would be no conflict of interest where members of the high level committee are concerned. But here, we see the exact opposite as ministry officials serving in the committee were also sitting on the PKA and PKFZ board.
They were privy to the back door deals and yet did nothing to uphold their responsibility as representatives of the state and failed to protect and promote the interests of the state and its people.
The PKFZ financial fraud is a RM 12.5 billion scandal, made worse with the leak of a cabinet paper, which revealed the government was fully aware that Chan had breached regulations when issuing letters of support. This is turn, helped PKFZ’s developer Kuala Dimensi Sdn Bhd to raise billions in bonds.
The PAC concluded that both Chan and Phang had breached the Financial Procedure Act 1957 and other government regulations by issuing the letters of support and three letters of undertaking without the approval of the Finance Ministry.
But Najib wants more proof. Either that or he is hoping that the scandal would simply go away because clearly the Ministry of Finance and the Ministry of Transportation must have been aware of the financial manipulations and yet did not even make a feeble attempt to stop the abuse.
Given the dynamics and scale of the financial misappropriation, Najib’s mere assurance that the government “would not cover up any weaknesses or offence committed” is not enough. While investigations by the special committee is akin to those sitting on the panel investigating themselves, Najib’s insistence could only be translated as a fervent effort to cover-up.
Najib’s suggestion also undermines the PAC and the democratic process. Here, a government special task force is empowered to overrule the highest policy making body in the country. In fact, the PAC would potentially be subordinated to the whims and fancies of Najib’s special task force.
The call for a Royal Commission of Enquiry is welcomed. However, given the Lingam tape fiasco and IPCMC recommendations that came to a naught, this offers no solution for justice to Malaysians. In fact, the commission would be an absolute waste of time and resources.
My view is that the government machinery is culpable and thus on trial in this case. Reports were made to the Malaysian Anti-Corruption Commission (MACC), police and Securities Commission about the financial embezzlement but nothing was done.
Instead we need a thorough neutral probe. Therefore, I strongly suggest that Najib hands over the PAC report to the Attorney-General, Abdul Gani Patail, with strict instructions to start proceedings against Chan, Phang and other government officials named.
Najib must personally oversee that Abdul Gani acts on his orders as the country’s highest judicial officer was also well aware of the PKFZ scandal but chose to remain silent instead of prosecuting the culprits.
If Najib and Abdul Gani fail to act, Malaysians would contend with my observations and it would also suggest that 1Malaysia is synonymous with corruption. We might either get a glimpse of justice or be confronted with the fact that political survival has, once again, determined the course of the government’s politics.
Charles Santiago
Member of Parliament, Klang
016 626 7797
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巴生国会议员查尔斯圣地亚哥文告,2009年11月5日于国会。
巴生港口自贸区弊案 联邦政府应被审判
我们再次看到政府主导的皮影戏,内容尽是朋党、花言巧语、官商勾结和全无责任感。
首相纳吉对此弊案的总结是惊人地不置可否,他说政府将考虑国会公账委员会提出的法律诉讼建议,如果需要的话。
国会公账委员会在诸多审查巴生港口自贸区弊案后,建议以刑事失信的条文,调查前交通部长陈广才和前巴生港务局总经理冯惠珠。
纳吉的回应是等待由政府首席秘书丹斯里莫哈末西迪领导的特别工作队决定是否需要采取法律行动对付二人。
常识告诉我们利益冲突不被允许,特别是高级别的委员会。但是在此却截然相反,参与委员会的部门官员同时是巴生港务局和巴生港口自贸区的董事。
他们通过秘密幕后交易,没有尽民意代表的责任,无法保障和提倡国家和人民的利益。
巴生港口自贸区欺诈案是高达125亿令吉的大丑闻。更糟糕的是一份泄漏的内阁文件指出政府完全知道陈广才违反条例发出支持信,以协助巴生港口自贸区发展商Kuala Dimensi Sdn Bhd发出数以十亿令吉的债卷集资。
国会公账委员会总结,陈广才和冯慧珠两人在没有财政部同意下,发出支持信和三封同意书,已违反1957年财务程序法令和其它政府条例。
但是纳吉要更多证据,或者他希望这个丑闻会自动销声匿迹。因为财政部和交通部一定知道这些金融条例和内部操纵,但是没人尝试停止这些滥权行为。
考量到这个金融丑闻的影响力和规模,纳吉确保政府“不会掩盖任何弱点和违法行为”的言论并不足够。当特别工作队的成员展开调查,这意味他们自己在调查自己,纳吉坚持要特工队调查的言论只能被诠释为他企图掩盖真相。
纳吉的建议也让国会公账委员会的报告形同废纸和破坏民主程序。如此,一个政府的特工队被赋予权力推翻国家最高决策机构的决定。实际上,国会公账委员会很可能变成纳吉特工队的从属。
我欢迎成立皇家调查委员会的呼吁。但是,皇委会针对林甘丑闻和独立警察投诉与行为不检委员会(IPCMC)的建议至今仍无法落实,这个建议不是给予大马人的正义方案。实际上,该皇委会完全浪费时间和资源。
我的看法是政府机关在这个丑闻上该被责怪和被审判。向反贪委员会、警察和证卷委员会的投报都无济于事。
与其展开一个独立的调查,我强烈建议纳吉把国会公账委员会的报告交给总检察长阿都干尼,给予严厉的指示,审问陈广才、冯慧珠和其他被点名的官员。
纳吉必须亲自监督阿都干尼,确保这位政府最高司法官员根据他的指示行事。阿都干尼清楚知道巴生港口自贸区弊案的整个过程,但他非但不提控涉案人士,反而选择保持沉默。
如果纳吉和阿都干尼没有采取行动,大马人将认同一个大马是贪污的同义词。或许我们将获得正义的曙光,也或许为事实冲击,政治生存再次决定政府政治的方向。
查尔斯圣地亚哥
巴生国会议员
016 626 7797