Saturday, May 5, 2018

UiTM's Australian Professor says he identified and cured "gaps" in Malaysian legal practice

by Ganesh Sahathevan


UiTM's  Professor Neville Carter, an Australian who taught  at the then MARA Institute of Technology in Shah Alam for a year in 1985-86, claims that he identified and cured "gaps"  in Malaysian legal practice (not just legal training) while at MARA, now known as UiTM.






Neville Carter

Nevilla Carter had worked in a number
of small firms, including one he owned with
three others, before arriving in Malaysia
in 1985.

Carter says on his Linkedin profile:


I was seconded (between 85-86 for one year) from the College of Law, to UiTM in Malaysia to create a fourth advanced year of study that would enable law graduates to secure legal practice skills and qualify for immediate admission to legal practice. The course successfully addressed gaps in law practice in Malaysia.

The issue of Carter's pivotal role in changing the course of Malaysian law  practice( not merely MARA's legal courses) comes back into focus  given a recent visit to UiTM, to mark a renewal of ties between UiTM ,Carter and the College Of Law in Sydney,Australia. 


The reaction  from lawyers in Malaysia has been one of amusement.None, except a few who were at MARA in the 80s, have ever  heard of him. His name was certainly not one that was heard mentioned among  KL and Selangor legal circles, but then even Van Gogh was not known outside his village when he painted his multi-million dollar masterpieces. 

Be that all as it may, Carter and his College are about to  unleash even more ground  breaking programs in Malaysia, Singapore and the region. As this writer has recently reported:



EN D

Neville Carter

2nd degree connection

Board Director at The College of Law Australia

The College of Law Australia

 

 University of Sydney


Experience



Friday, April 20, 2018

The growing criminal case against Arul Kanda: CEO 1MDB continues to breach Malaysia's old criminal laws and new fake news laws

by Ganesh Sahathevan

Arul Kanda's capacity for self-incrimination remains unparalleled

1MDB says on path to monetize assets and meet debt obligations


Arul Kanda's latest ,recorded by CNBC:  "I'm very proud to say that 1MDB has not defaulted on any of its payment obligations. We continue to service the debt."


Clearly  fake news, and its adds to this existing charge:

1. In a media statement issued on or about 13 January 2014,Arul Kanda Kandasamy , CEO 1MDB, a civil servant,  declared:


“1MDB hopes that the redemption of these funds, in full, draws a line under this matter. 1MDB can confirm that it has now redeemed the US$2.318bil (RM 7 billion) invested by the company in Cayman Islands-registered fund, following a commitment made by the chairman of the board of directors on Dec 23, 2014,” 

3.On  or about 28 January 2015 Bloomberg reported that 1MDB had  planned to obtain a third extension to its RM2 billion loan by another month, 

4. It is inconceivable that 1MDB would delay (for a third time) repayment of a very large loan ,when  it claims it has  cash in hand  of at least RM 7 billion.

5.It is obvious therefore that 1MDB does not have even RM 2 billion let alone RM 7 billion, in cash and cash equivalent,and that the funds said to have been redeemed in paragraph 2 above have not been redeemed,and if yes,not available for 1MDB to use even for the repayment of its loans.

6.It does appear then that Arul has made false statements in the execution of his duties as CEO of 1MDB,and in doing so has misled 1MDB's lenders.who include Malayan Banking Bhd, RHB Bank, and others,all of whom are likely to have suffered material losses as a consequence.

6) As a very senior civil servant Arul appears to have breached Section 218 of The Malaysian  Penal Code ,which for ease of reference is reproduced below:

Public servant framing an incorrect record or writing with intent to save person from punishment or property from forfeiture

 218. Whoever, being a public servant, and being, as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment for a term which may extend to three years or with fine or with both


7) Arul's management of the funds referred to in  paragraph (2) are clearly in breach of the law, and hence he appears in addition to have committed and act or acts of criminal breach of trust.Section 405 of the Malaysian  Penal Code which for ease of reference is reproduced below:

Criminal breach of trust .

405.  Whoever, being in any manner entrusted with propertyor with any dominion over property either solely or jointly with any other person dishonestly misappropriates, or converts to his own use, that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits “criminal breach of trust”.

8) Being a civil servant he then appears to be in breach of the provisions of Section 409 of the Malaysian Penal Code:

Criminal breach of trust by public servant or agent 409. Whoever, being in any manner entrusted with property, or with any dominion over property, in his capacity of a public servant or an agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which shall not be less than two years and not more than twenty years and with whipping, and shall also be liable to fine.


The facts disclosed above provide evidence of very large amounts of public money being mishandled to the point where the must be considered lost to the nation. For this and the reasons detailed above I ask that the Royal Malaysian Police treat this matter as one of great urgency.

END

1MDB seeking another loan extension

Wednesday, 28 January 2015
Kuala Lumpur: 1Malaysia Development Bhd (1MDB) is planning to seek another one-month extension on a RM2bil loan to give it more time to sell a stake in its energy unit, sources said.
The state-owned investment company needed more time to repay the debt as it was still in discussions with billionaire T. Ananda Krishnan, Malaysia's second richest person, they said.
Ananda may excercise an option, granted when he sold energy assets to 1MDB in 2012, to buy part of the Edra Global Energy Bhd unit, the people said.
A spokesman for 1MDB declined to comment.
The debts of 1MDB has reached RM41.9bil as of March 2014, according to the firm's annual report. Once it has settled the loan, IMDB plans to list Edra Global in a RM10.8bil initial public offering that would be Malaysia's biggest since Felda Global Ventures Holdings Bhd went public in 2012.
Bank Negara does not comment on individual companies, governor Tan Sri Dr Zeti Akhtar Aziz told reporters in Putrajaya when asked about 1MDB’s debt yesterday.
If granted, it will be the third extension of the loan from Malayan Banking Bhd and four other lenders.
1MDB was given a grace period until the end of January to repay the debt, according to reports.
1MDB built its energy business by buying assets from Ananda and Genting Bhd. It agreed to pay RM8.5bil in 2012 for Ananda's power interests, which included generation plants in Malaysia, Egypt, Pakistan and the United Arab Emirates. Ananda is Malaysia's second richest person with a net worth of about RM33bil, according to the Bloomberg Billionaires Index.
1MDB appointed Arul Kanda Kandasamy, the former investment banking head at Abu Dhabi Commercial Bank PJSC, as president earlier this month. Kanda said in a Jan 6 interview that 1MDB is embarking on a strategic review of operations.
The company redeemed a US$2.32bil (RM8.35bil) investment in a Cayman Islands fund, it said in a Jan 13 statement. — Bloomberg

Sunday, April 8, 2018

Johor Crown Prince defends his right to an opinion ;says nothing about "private and confidential" RM 8.6 BILLION contract

by Ganesh Sahathevan

First this:
The Star ,7 April 2018:
Apart from YTL and THP, the other partner in the YTL-THP JV is said to be the SIPP group, which is linked to the Johor Palace.
The SIPP group has bagged a few federal government-sponsored projects in the state following its partnership with the YTL group, including the RM8.6bil Gemas-Johor Baru double-track project.
(https://www.thestar.com.my/business/business-news/2018/04/07/ytl-corp-pulls-off-surprise/#wrbOl6QB69FYLRci.99)

Channel New Asia,8 April 2018:His Royal Highness, Brigadier General Tunku Ismail Sultan Ibrahim

"HM Sultan of Johor and I have agendas and plans. Our main agenda is the state of Johor, but how we reach Putrajaya, we can’t disclose to all of you as it is private and confidential. 
"I do not (support) any political party, but in order to change a country’s fate and improve the system, it is not by bringing down a government. We need to change it from the inside," he wrote.
"Our neighboring countries and I believe that if a ship has been sailing fine for many years but has an issue due to its skipper, do not fix it with a new engine. We stay on the same ship and guide the skipper to where we want to go. That’s all I’m sharing with the people. But the people of Johor must believe in the vision of HM Sultan of Johor and I."






AND NOW THIS:




TMJ responds to Facebook comments

NATION


Sunday, 8 Apr 20187:25 PM MYT


image: https://www.thestar.com.my/~/media/online/2018/04/08/11/29/tmj-080418.ashx/?w=620&h=413&crop=1&hash=E6DF6A2648F3093E5FDA38488299800995D59FFD



PETALING JAYA: Johor Crown Prince Tunku Ismail Sultan Ibrahim has responded to comments on social media in relation to another social media post he made on Saturday night.

Here is his response verbatim:

WHATEVER DECISIONS OR OPINIONS IS EVERYONE'S RIGHTS.

I gave my sincerest opinion for what I think is best for my state. It was my personal opinion and being in my position I do not support any political party or individual. Whenever I think of something, I always think of the betterment of state of Johor and I do not let my emotions cloud my opinions or anything for that matter. I use my mind to get what is best.



People have the right to give their own opinions. They have the right to support whomever they want and the right to form an opinion. I still say that whomever becomes the leader in this country, he does not only serve a political party's idealogy. He needs to serve the people. That is why we are here, HM The Sultan of Johor and I or any other politicians. Our duty first and foremost it to the people.

Whatever statements I gave last night is my personal opinion, and the people have ghe right to choose for themselves. It is different in Johor. You have to understand that in Johor we have our own way, so don't bring your outside influences, take care of your own states and country.

That is my honest opinion, but how do I say that the people that they have the right to choose whomever they want. But remember, whomever that person may be, he must serve and give priority to you and not to his personal agendas.

My opinion is for the state of Johor. Whatever I think of, whatever I do, it is for the people of Johor and not for myself. To me, the people of Johor believe in the leadership of HM The Sultan of Johor.

I was born to serve the state of Johor. So, that is my responsibility. I did not say I support Tun Mahathir, Dato Seri Najib or anyone else. I am a straight forward person. Before, when Dato Seri Najib made a mistake, I stood and said something and when Tun Mahathir had issues, I stood and said something. I am not on anyone's side and I am not supporting anyone. I only disagree when a person who had a crisis with Johor in the past tries to take over Johor! Because this is my state. A state my father, grandfather and ancestors have protected whenever there is a crisis. Is it that easy for the people to forget about those crises?

No matter what, The Johor state constitution and the intitution of Johor needs to be maintained, the sovereignty and the well being of Johor must be the top priority. Is that difficult to be understood? Whoever you want to support, you support. But like I said, all matters related to Johor are between the Johor people and me. I feel that outsiders do not need to intervene and voice out. The majority of them, when we investigated, came from outside.

Whatever happens to Malaysia is your problem. Whatever decisions I feel are the best for Johor are between my people and me. We can discuss together, talk together and I give my opinions, they give theirs. That's what makes this state progress because we exchange opinions and most importantly we are sincere and loyal to the Johor state constitution and institution. Whatever happens to the country, it involves other people, not me.

HRH Major General Tunku Ismail Ibni Sultan Ibrahim, Crown Prince of Johor

Related story:

TMJ shares his views on political situation in the country


Read more at https://www.thestar.com.my/news/nation/2018/04/08/tmj-responds-to-internet-comments/#FEmZFjSdsApBvMiC.99