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Monday, February 20, 2012

EPISODE 9: The reward for giving Perak back to Umno


Tun Zaki Tun Azmi retired as the Sixth Chief Justice of Malaysia on 9th September 2011. And how will we remember him? As the Umno Legal Advisor and Disciplinary Committee Deputy Chairperson who became Malaysia’s top Judge? As the man who gave Perak back to Umno? Or as the retired ‘Umno’ Chief Justice who got a RM2.2 billion-highway concession as his retirement present for helping Umno to get Perak back?
THE CORRIDORS OF POWER
Raja Petra Kamarudin
Former CJ Zaki disclaims role in Perak Constitutional Crisis
(Malaysiakini, 21 September 2011) - The former Chief Justice claims to have played no role in cases involving the Perak Constitutional Crisis or those which involved political parties during his tenure.
Tun Zaki Tun Azmi, who was once the Umno Legal Advisor and Disciplinary Committee Deputy Chairperson, said this was necessary to avoid allegations of bias.
One case that was closely watched was the suit filed by Pakatan Rakyat’s Mohd Nizar Jamaluddin against the BN’s Zambry Abd Kadir, to determine the legitimate Menteri Besar of Perak.
In an interview, Zaki insisted that he had no role in this case and that the bench at the Court of Appeal and Federal Court had been decided by his deputy - Court of Appeal President, Alauddin Md Sheriff.
“I did not sit on any cases which are not only political, but have 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’.”
Tun Zaki Tun Azmi (picture above) retired as the Sixth Chief Justice of Malaysia on 9th September 2011. And how will we remember him? As the Umno Legal Advisor and Disciplinary Committee Deputy Chairperson who became Malaysia’s top Judge? As the man who gave Perak back to Umno? Or as the retired ‘Umno’ Chief Justice who got a RM2.2 billion-highway concession as his retirement present for helping Umno to get Perak back?
I don’t know about you but I would remember him for the latter.
Last week, the government announced a tender for the Kinrara-Damansara Expressway (or KIDEX). The announcement mentioned that seven companies are bidding for the job, which includes Bina Puri, Mudajaya, and Pesona Metro Sdn Bhd. "The tenders are just out and it is not certain yet on the tenure of the concession as the CA has not been finalised," said a source.
The highway will link Kinrara and Pusat Bandar Damansara and will divert traffic on the LDP (see the map below). The concession was suppose to be awarded to PLUS Expressways but may not proceed as planned. Talks are that Pesona Metro might be the front-runner for some of the major components. This highway is the latest tendered-out, out of the six new highways planned under Budget 2011. (Financial Daily, 17 February 2012)
That was what was announced last week. Now, while they did give some details as to the contractors bidding for the construction job, there were no details as to the CA (Concession Agreement).
"The tenders are just out and it is not certain yet on the tenure of the concession as the CA has not been finalised," said the Financial Daily news report. It further said, “The concession was suppose to be awarded to PLUS Expressways but may not proceed as planned.”
Actually, what the government is telling us is not true, as usual. What they did not want us to know is that Emrail Sdn Bhd and Zabima Engineering and Construction Sdn Bhd have already been awarded the concession for this RM2.2 billion-expressway project, the Kinrara-Damansara Expressway (KIDEX). The letter has already been issued but this will only be announced AFTER the next general election, for obvious reasons.
And who are the people behind Emrail Sdn Bhd and Zabima Engineering and Construction Sdn Bhd? Why is the government trying to hush this matter up and is hiding the fact that these two companies have already been awarded the concession and that the letter has already been issued?
Datuk Mohd Hafarizam Bin Harun, Umno’s present Legal Advisor -- who represented Umno against Pakatan Rakyat in the Perak Constitutional Crisis mentioned in the Malaysiakini news report above -- is the common Director and Shareholder of BOTH companies.
Incidentally, did you notice one very crucial matter in this whole thing? Yes, you got it, the current Umno Legal Advisor represented Umno in the Perak Constitutional Crisis while the previous Umno Legal Advisor (the Chief Justice) made the decision of ‘ordering his number two to sit on the bench in his place’. And guess who won the case? Talk about ‘all in the family’!
Now, who are the other directors of Emrail?
One is Toh Puan Nik Sazlina Mohd Zain, Tun Zaki Azmi’s wife. Yes, the same man we are talking about above, the recently retired Chief Justice. And the other is Tan Sri Dato’ Hari Narayanan Govindasamy, Samy Vellu’s proxy.
And do you want to know what is very interesting about Hari Narayanan? Not only is he Samy Vellu’s proxy, but Hari Narayanan is also the Director of Lembaga Lebuhraya Malaysia (the Malaysian Highway Authority).
Now, before you start screaming ‘conflict of interest’, let me assure you that this is a mere coincidence. This is not quite putting the fox in charge of the henhouse (or ‘suruh kambing jaga sireh’, as the Malays would say). And if you believe this then you probably believe in the tooth fairy as well.
Hari Narayanan is the Deputy Chairman of Emrail Sdn Bhd. He also sits on the Board of SP Setia Bhd, Tenaga Nasional Berhad, Puncak Niaga Holdings Berhad, IEV Group (Malaysia), Noblemax Resources Sdn Bhd, Premier Nalfin Berhad (also known as Premium Nutrients Berhad), Antara Consolidated, Noblemax Resources Sdn Bhd and Bridgecon Holdings Bhd.
Yes, all government-linked and Umno crony-companies in case you did not know.
Actually, this expressway concession was supposed to have gone to PLUS, as the Financial Daily news report above confirmed. This was originally PLUS’s proposal. It was their idea. However, it was hijacked and given to all those lawyers and judges who helped Umno get back Perak.
Nevertheless, I will believe that this, again, is a mere coincidence and not a reward for them giving Perak back to Umno if you also believe that.
Of course, they are keeping the matter regarding the concessionaire very quiet at the moment. No announcement has been made and no one is supposed to talk about it. They want the next general election to be over first before they make the announcement. If not, this may cost Barisan Nasional quite a number of votes.
Anyway, just look at the documents below and form your own opinion.
Is this corruption? No!
Is this conflict of interest? No!
Is it merely a coincidence that all those people involved in giving Perak back to Umno happen to be business partners in a RM2.2 billion-expressway project?
That is what they would like us to believe.
 

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