Sunday, February 13, 2022

How NSW Chief Justice Tom Bathurst and his NSW LPAB involved themselves in Sabah politics, and a billion dollar carbon credit trading scandal-More problems for the incoming CJ NSW to resolve, in addition to all the others

by Ganesh Sahathevan 

Readers of this blog will be aware of how the NSW Law Society's College Of Law Ltd abused the Sabah Kitingan family name to promote its business in ASEAN and especially Malaysia:


Australia's College Of Law abuses Kitingan name to promote masters course of little or no value

These matters were brought to the attention of the College's regulator, the NSW Legal Profession Admission Board, and its Chairman, the Chief Justice NSW Tom Bathurst, who in turn defended the College against this writer's investigation into the matter, by claiming that this writer harassed the College and an employee of the College, by accusing that employee of using his family name to promote the College's business. 

The story at the link  above clearly does not state that which Bathurst and his NSW LPAB  have claimed in writing. The person questioned was Nathaniel Kitingan, who was then a lawyer practising in Melbourne, and is a member of the Kitingan family. 

The Kitingan name is again in the news in Sabah, this time  a result of Sabah Deputy Chief Minister Jeffrey Kitingan's involvement in a carbon credit trading scandal (see story below. The Chief Justice and his NSW LPAB's records maintain that this writer has harassed a member of the Kitingan family with regards a College Of Law business in ASEAN and Malaysia. By doing so Bathurst and his NSW LPAB have involved themselves in Sabah politics, as have many others who have sought to make a fortune there by taking sides in that state's politics. Each time one of these scandals erupts, all involved, past and present, can expect to have their conduct scrutinised, and re-scrutinised. 

Bathurst will be retiring as Chief Justice NSW and chairman of the NSW LPAB in March this year. The Sabah carbon credit scandal that Bathurst and his NSW LPAB have involved themselves in is just one more problem that the incoming Chief Justice will have to resolve.

TO BE READ WITH 

Impotent’ carbon deal not enforceable, says Sabah AG
FMT Reporters
-February 9, 2022 11:52 PM

Nor Asiah Mohd Yusof says the Nature Conservation Agreement is not finalised as there are several issues to iron out. (Bernama pic)

KOTA KINABALU: Sabah attorney-general (AG) Nor Asiah Mohd Yusof has assured that no carbon trading activities will be implemented in the state without the consent of native communities.

She said no such programmes “will be agreed to or implemented” without the “free, prior and informed consent” (FPIC) of the communities whose customary rights may be impacted by such activities.


She also said the Nature Conservation Agreement (NCA), Sabah’s highly-publicised and controversial carbon trade deal, was not finalised as there were still several issues to iron out.










She said the NCA, which the state government signed in October last year, was a non-binding framework agreement that was subject to, among others, due diligence to the satisfaction of the state AG and Cabinet.


Nor Asiah Mohd Yusof.

Nor Asiah said that an addendum to the NCA, by which all unfair and absurd contract terms are removed, was also required.

The affected native communities must also be identified and their FPIC obtained while the suitable designated area for the NCA must also be ascertained, she added.

“The NCA is therefore not finalised nor is it binding because, among others, the designated area has not been ascertained or identified,” Nor Asiah said in a statement here today, adding that the proposed NCA is, therefore, non-binding and unenforceable.

“In short, the NCA in its present form is legally impotent.”


The Sabah AG’s office issued the statement following news reports by domestic and international media outlets, including Al Jazeera, over the NCA.

Deputy chief minister Jeffrey Kitingan had previously said he was considering legal action against Al Jazeera and former DAP senator Adrian Lasimbang over a report on the Sabah carbon credit agreement, which he said was based entirely on what a “whistleblower” told the news network.

He said Al Jazeera should have double-checked the facts with the state government, which he claimed had already endorsed the NCA. He said the same “whistleblower” had also misled and influenced Lasimbang.

Lasimbang responded by challenging Kitingan to take him to court so that the truth over the NCA could finally come out.

Warisan president Shafie Apdal, the state opposition leader, had recently claimed that the 100-year NCA would cause up to two million hectares of forest in Sabah to be “handed over” to a foreign company based in Singapore.

Carbon credit trading is a market-based system designed to reduce the greenhouse gas emissions that contribute to global warming, especially carbon dioxide, by creating a financial incentive to do so.

Nor Asiah, however, said the state government would not permit any land to be leased, transferred or “handed over” as part of carbon trading or carbon monetisation programme, including under the terms of the NCA.

“The proposed NCA seeks to monetise carbon assets within forest reserves which are classified as totally protected areas,” she added.

On Hoch Standard Pte Ltd, the Singapore firm engaged by the state over the NCA, Nor Asiah said the state government had called for a more in-depth due diligence process which she had initiated.

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