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Thursday, March 22, 2012

PKR VP says will subpoena Najib over FELDA case interference


March 22, 2012
Surendran also urged the police and MACC to probe the alleged meddling in the judiciary. — File pic
KUALA LUMPUR, March 22 — PKR vice president N. Surendran wants the prime minister to appear in court and explain why he should not be cited for contempt of court over the “Najib minutes.”
The “Najib minutes” refer to the purported minutes of a meeting between Datuk Seri Najib Razak and FELDA management on June 27 last year, which PKR secretary-general Datuk Saifuddin Nasution claimed were proof of attempts to interfere with FELDA cases.
“Until today, Najib and the government have not responded to this serious allegation of interference with the judiciary, which is backed up by documentary proof,” said Surendran.
“This is an urgent matter of grave public importance which involves the integrity and independence of the judiciary.
“The ‘Najib minutes’... are shocking, disturbing and unprecedented as it involves the prime minister personally,” he added.
Surendran said that the police and Malaysian Anti-Corruption Commission (MACC) must also investigate elements of abuse of power, adding that failure to take any action would “further erode public confidence in our institutions.”
FELDA chairman Tan Sri Isa Samad said today in a statement that FELDA would lodge a police report on the leak of its documents to the opposition.
Deputy Minister in the Prime Minister’s Department Datuk Ahmad Maslan had also said that he will only respond to this matter in Parliament on March 26.
On Monday, Saifuddin read out excerpts from the minutes, which he said “proved” alleged attempts to interfere with FELDA cases.
“Make sure judges and lawyers are given understanding of the subject and technical means in which to calculate the OER (oil extraction rate) to ensure that FELDA wins the cases and is not compromised,” said Saifuddin, reading from the excerpts to reporters.
The Machang MP pointed out that there were currently four court cases concerning FELDA settlers and the OER, and that this disclosure made it difficult to believe that justice would be served in courts.
“The point is simple, if FELDA wants to brief their lawyers it’s up to them. But when you say you want to make sure the judge [is made to understand something]... based on separation of powers a judge is not answerable to the PM,” said Saifuddin.
The PKR leader said the government needed to guarantee fair trials for all FELDA settlers, adding that this also cast serious doubts on the outcome of the legal action taken by settlers who are against FELDA’s listing.
Last month, eight FELDA settlers won a temporary court order blocking the transfer of shares from FELDA Investment Co-operative (KPF) to FELDA Global Ventures Holdings (FGVH), a crucial step in the government’s plan to list the plantation firm unit.
FGVH’s listing, first mooted by Najib in his Budget 2012 speech, will see the loss-making unit take control of assets now under the KPF.
“If it (influencing the judges) can be done, what’s to stop (interference) in court injunction on listing of FELDA? Where is the guarantee?” said Saifuddin, who added that he has demanded Najib clarify the details of the meeting last year.
Putrajaya said last week it will push ahead with the proposed listing in June, with or without the 51 per cent stake in commercial arm FELDA Holdings held by settlers.
According to Ahmad during a press conference then, this was because the government wished to capitalise on high crude palm oil (CPO) prices.
The government previously insisted it had backing from a majority of settlers, despite reports of widespread opposition.
FELDA announced that proceeds from the IPO will now be channelled into a special purpose vehicle (SPV) to ensure settlers benefit directly from the listing, after the court blocked the shares transfer.
But PKR charged that the SPV would only lower FGVH’s listing value, adding that the government’s decision was a direct snub to KPF.
The co-operative has over 220,000 members, of which 112,635 are FELDA settlers while the rest are FELDA employees and children of settlers.
Reuters reported last month Putrajaya may delay FGVH’s listing due to settlers’ opposition, which risks undermining Barisan Nasional’s (BN) support from voters long considered the ruling pact’s vote bank.
Critics contend that the proposed listing, which will see loss-making FGVH assume control of KPF, will shortchange settlers and saddle FELDA with up to RM1.5 billion in yearly deficits.
FELDA Holdings has a workforce of some 19,000 employees, with a labour force of 46,795 workers at 300 estates, 70 palm oil mills, seven refineries, four kernel-crushing plants, 13 rubber factories, manufacturing plants and logistic and bulking installations in Malaysia and overseas.

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