5 Apr 2012

Malaysian Foreign Minister Named In MACC Investigation Into Sabah Timber Corruption – NATIONAL EXPOSE!

Malaysian Foreign Minister Named In MACC Investigation Into Sabah Timber Corruption – NATIONAL EXPOSE!

This post is also available in: Iban, Malay

Malaysia's Foreign Minister, Anifah Aman, is the Sabah Chief Minister's brother.

According to Malaysian Anti-Corruption Commission (MACC) documents obtained by Sarawak Report, Malaysia’s Foreign Minister, Anifar Aman, has been the secret beneficiary of lucrative timber licences in Sabah’s dwindling Forest Reserves.

The concessions came thanks to his brother, the local Chief Minister, Musa Aman.

The documents form part of a major investigation by the MACC into timber corruption, after an agent and nominee for Musa Aman, Michael Chia, was caught attempting to smuggle SG$16million out of Hong Kong in 2008.

We can reveal that the leaked papers show that investigators concluded that the Chief Minister had corruptly issued timber licences to his brother worth tens of millions of ringgit in their home state.

However, the investigation has been blocked at the highest levels and its findings kept secret, until now.

Our informants say that the brothers’ relative and fellow Sabahan, Attorney General, Abdul Gani bin Patail, has refused to allow charges to be brought and PM, Najib Razak, has scandalously turned a blind eye to the affair.

Virgin Forest Reserve was cleared by Aman

The documents in our possession list two major concessions and a salvaging and purchase arrangement with Yayasan Sabah for felled logs. The beneficiaries of the deals are listed as Anifar Aman and Hairul Aman, a nephew. Yayasan Sabah’s Forest Manager, Mohd Daud Tampokong was identified as the man who had authorised the agreements.

Named - Anifah and his nephew were named as the believed beneficiaries of these concessions in this MACC document detailing who had what timber concession in Sabah

We can see from the document that one set of deals was conducted through the company Aktif Syabas Sdn Bhd. The company was licensed to harvest 4,336 hectares of timber in block YS (Yayasan Sandakan) 1/02 and to further salvage and purchase ‘residual logs’ in  Benta Wawasan’s concession BW2/00(1), an area of 3,000 hectares.

Musa Aman, former Yayasan Executive, turned politician. How come his brother was one of the first beneficiaries of a timber licence of virgin Forest Reserve, according to MACC documents?

However, the other deal, made with the company Para Era Sdn Bhd, is even more shocking. It allows the concessionaire to extract timber from 2,000 hectares of virgin forest at the Pinagah Forest Reserve:

“Log extraction contract to harvest timber with 60-120cm dbh from a 2,000 ha of virgin forest at the Pinangah Forest reserve”. (see above table extract)

According to the document produced by the MACC, the parties behind these deals was Anifah Aman and his nephew Hairul, who are named on the document.

It is therefore noteworthy that both licences were awarded shortly after Anifah’s brother, Musa Aman (left) became Chief Minister and Chairman of the Board of Trustees of Yayasan Sabah in 2003.

Tragically, our information is that the Forest Reserve was totally razed by 2007, despite the strictures about only felling trees over 60cm.

This MACC information substantiates complaints from within the industry that Musa Aman has turned existing corruption in Sabah’s timber business into a full-scale rape of the remaining forests in the state:

“He has maximised the kickback squeeze” confided one insider to Sarawak Report

Gani connection

Attorney General - Abdul Gani has prevented the MACC's investigation into Sabah timber corruption from proceeding

None of the public documents of these companies actually name Aman as the beneficiary.

However, insiders claim that the use of nominees is standard in the Sabah timber business and clearly the investigation by MACC officials led them to conclude, after months of investigation, that the Foreign Minister was the true concessionaire.

Yet, this conclusion by the MACC has never been tested in court, because the  Attorney General, Abdul Gani biin Patail, who is also from Lahad Datu in Sabah and closely connected to the Aman family, has refused to pursue the case.

Indeed the Attorney General has forced the MACC to shelve its entire investigation in Sabah, which was one of the largest and most extensive ever undertaken by that body and involved sums amounting to billions of ringgit, siphoned out of the state by corruption at the highest level.

So, it is surely of concern that, given Abdul Gani’s close family relationship to the Musa brothers, the Attourney General did not withdraw from the decision over whether to continue with the case.

Gani's wife is married to the sister of Musa's close associate, Johan Abdul Samad, Deputy Director of Yayasan Sabah and Samad's own sister is Foreign Minister Anifah's wife!

In such cases, where there is a plain conflict of interest, the government’s top law officer has to be seen to be acting from a position of impartiality. However, he has done the opposite and used his position to block any action on the huge body of evidence showing corruption in Sabah at the highest levels of state government and beyond.

Official shareholders - Aktif Syabas Sdn Bhd has been identified as a company linked to the Foreign Minister and his nephew

The political interests are equally glaring. Gani, who gained a mere 3rd class law degree at the University of Malaya, has never been regarded as one of the country’s best legal minds, yet he has been promoted to the top of the judiciary.

Critics regard him as primarily a BN ‘yes man’, appointed to a pole position to protect corrupted politicians.

With Malaysia rocketing to the top of the international league for illegal capital flight, many are concerned that it Gani’s refusal to allow high level corruption investigations to go ahead that has allowed BN politicians to continue to siphon out the country’s wealth unhindered.

Tragic loss of a Forest Reserve in Sabah 

No habitat left for the world's most endangered species - this Sabah jungle has been almost wiped out since Musa Aman became Chief Minister

Meanwhile, our research has calculated the monetary value of the loss of the Pinangah Forest Reserve to the company Para Era Sdn Bhd.

Under the licence, this precious area of bio-diversity was supposed only to be selectively logged.

Indeed, according to insiders only around 20% of the available timber in the 2,000 hectare concession was ever officially reported and taxed by the authorities.

Yet the area has been completely razed, after becoming  caught up in a mysterious scandal, involving allegations of illegal logging that were later dropped by the MACC.

In the headline-grabbing case in 2007, 20 lorries were detained and 5,000 logs worth millions were seized during an MACC raid against clear-felling in this region by workers, supposedly working without a licence.  It was one of the biggest round-ups of alleged illegal loggers ever in Malaysia.

The result of this logging, as so many other cases, was the destruction of this virgin forest reserve.

MACC inspectors conducting the raid on illegal logging in the Sabah area in 2007

Yet, despite the raids and promises of a full enquiry, in the end the authorities never made a single arrest!

Having at first declared it would cooperate to track down the people behind this illegal logging, the Forestry Department’s Sam Mannan later declared that the loggers had been legal after all and in possession of a permit.

This was in spite of the clear felling of the area and the fact that only a fraction of the available timber was declared!

These contradictions have never been explained and the MACC has given up trying to prosecute the case.

It leaves many suspicions unanswered.  In particular there is a well known track record of some timber concessions using back door illegal logging to harvest their own areas, in order to avoid the taxes and restrictions imposed against clear felling.

So, if those caught clear-felling the jungle had permits after all, why have the company and the Forestry Department not come clear about what on earth has been going on and why the area has been destroyed?

A crime worth tens of millions

YS6/04 - the area of once virgin jungle that was handed to Para Era Sdn Bhd and destroyed

Whoever did benefit from the destruction of Pinangah made tens of millions.

Experts say that virgin jungle provides 100 cubic metres of wood per hectare.  Licence holders are supposed to pay Yayasan Sabah (the State) RM55 and the Forestry Department RM95 per cubic metre logged, a total of RM150 in tax.

This should afford a profit to the licence holder of RM30million for a 2,000 hectare area.

However, because the entire area has been harvested and very little declared, it turns out that roughly 200,000 cubic metres of wood have been extracted without paying that RM150 per cubic metre in tax!  This means a total of around RM30million in tax avoidance.

Mystery money

So, someone has made RM60million out of felling this concession, double the already substantial RM30million of profit that would have made if the logging had been taxed.

And they have destroyed the landscape in the process and denied revenue to the people of Sabah.

Yet, because of the failure to conclude a proper investigation and prosecution into the case, it has not been established whether those responsible were genuine illegal loggers, or someone to do with the actual concession holders.

And, because the MACC has been blocked into its own investigations into the corruption surrounding the issuing of this concession in the first place, it has not been established whether the licence is indeed corruptly linked to Anifah Aman, the brother of the Chief Minister of Sabah and the Foreign Minister of Malaysia.

YS means Yayasan Sandakan - the Forest Department map showing the Forest Reserve area that was destroyed

According to the leaked papers in our possession, the MACC investigators did believe there was such a corrupt link and that Aman was the beneficiary.

As a result, there remain an awful lot of questions officially unanswered over what is just part of one of Malaysia’s worst corruption scandals.  Luckily, Sarawak Report now has a mass of evidence relating to the suppressed MACC enquiry, which it will be revealing to the public over coming days!

 

 

  • The Kapit Hitman

    Sng’s history in Sabah UMNO invasion 1994…very good hitman / hired killer / fake Dayak / vote spoiler working for UMNO and Taib…

    Got rewarded by UMNO billions worth of timber looting and big school projects (via Sebiro Holdings owned by Sng)

    Previous hit job was PBDS and PRS…up next looks like using the newly formed Sarawak Workers Party SWP…

    But one thing puzzling is why Sng’s employee/ Sebiro Holdings engineer manager (Peter Ato anak Mayau) was picked as PKR candidate in state election 2011 for N17 Tarat seat…HMMMMM….why PKR why…?????

    That’s why Sng very good hitman / hired killer / fake Dayak / vote spoiler which infiltrate Pakatan and even BN own goons from inside on behalf of Taib and UMNO…

    __________________________

    Excerpts taken from “Why governments fail to capture economic rent: the unofficial appropriation of rain forest rent by rulers in insular Southeast Asia between 1970 and 1999″ Author: David W. Brown, University of Washington, 2001, Jul 26, 2008 Length: 724 pages

    Two key persons/companies helped funding on behalf of UMNO to remove PBS from power 1994:

    1.S’ng Chee Hua (Crocker Range Timber)

    2.Joseph Lee (Peluamas)

    “When Sakaran Dandai came to office in March 1994, he directed the Sabah Foundation to grant all logging and resale agreements in the southern region to two companies, Peluamas and Crocker Range Timber, out of gratitude for their owner’s financing the defection of enough PBS members to deny Kitingan the chief ministership.”

    “…a reported photograph of S’ng Chee Hua, escorted by officials of the Special Branch, walking out of the home of a PBS assemblyman, carrying a paper sack allegedly full of money, having just attempted to pay that assemblyman to defect from the PBS…”

    ————————————-

    Table 5.8

    Use of Sabah Foundation purchase and resale agreements to reward Barisan Nasional-linked companies under government of Sakaran Dandai:

    (1.Peluamas and 2.Crocker Range Timber)

    ———————————————————

    1.Name of awardee company:

    First of two sole buyers for the southern (Tawau) region: Peluamas. Awarded purchase and re-sale agreement for 200,000 cubic meters/ year of Sabah Foundation timber.

    Name of board member or shareholder:

    Pius Ubil, brother-in-law of Joseph Lee Chairman of the Board

    Position in or percentage of shares held:

    Chairman of the Board

    Relationship to national leadership, source of information:

    When PBS won the 1994 elections by five seats, Prime Minister Mahathir reportedly requested Joseph Ambrose Lee to provide inducements so that enough PBS members would leave the party that the BN would obtain a majority in the Sabah the state assembly. Lee succeeded. Out of gratitude, Sakaran Dandai, saw to it that Lee’s company, Peluamas, was awarded a purchase and re-sale agreement for approximately 200,000 cubic meters/year of Sabah Foundation timber (29 June 1997 interview with James Glyn).

    ————————————————————-

    2.Name of awardee company:

    Second of two sole buyers for southern (Tawau) region: Crocker Range Timber (CRT). Awarded purchase and re-sale agreement for 600,000 cubic meters/ year of Sabah Foundation timber.

    Name of board member or shareholder:

    S’ng Chee Hua

    Position in or percentage of shares held:

    Crocker Range Timber(CRT) is 100 percent owned by Mandalom Sawmills, which in turn is 100 percent owned by Sabah Kuwait Timber. S’ng is a key figure in Sabah Kuwait Timber (Star 1994b).

    Relationship to national leadership, source of information:

    UMNO, the largest and most powerful party in the Barisan Nasional, also used S’ng Chee Hua to bankroll the defection of selected PBS members to the Barisan Nasional. In separate interviews, two informants said that former Chief Minister Joseph Pairin Kitingan shown them photographs of S’ng Chee Hua, escorted by officials of the Special Branch (the elite federal law enforcement unit), walking out of the house of a PBS assemblyman carrying a paper sack which Kitingan maintained was full of money that had been turned down by the PBS assemblyman in the house (16 June 1997 interview with a knowledgeable Sabah-based source, and 23 July 1997 interview with Maximus Ongkili).

    —————————————

    Further notes on Sng Chee Hua:

    -Crocker Ranger Timber’s purchase and resale agreement with the Sabah Foundation, complete with the opportunity to earn a mark-up of RM50($20) per cubic meter, was substantiated by three sources: the Sabah Foundation’s holding company; a Sabah Foundation internal economic analysis, and correspondence with a foreign expert on Sabah forestry. The confidential minutes of board meeting for the holding company for the Sabah Foundation, Innoprise Corporation, stated that it had “entered into a Log Sales And Purchase Agreement with Crocker Range on the 27th September 1994 with terms which include Crocker Range purchasing all the logs extracted from an area of 70,000 hectares over a period of 10 years [with a] fixed price schedule for extracted logs . . . in the following manner: SQ logs and up – RM 195.00 per m3 . . . MQ logs – RM 193.00 per m3 . . . MQL logs – RM 173.00 per m3. . . .” After paying the Sabah Foundation these prices for its logs, the minutes stipulated that Crocker Ranger would sell the same logs back to the Sabah Foundation’s “wholly-owned subsidiaries of Pacific Hardwoods Sdn Bhd and Sinora Sdn Bhd at an average price of RM 240 per m3″ (Innoprise Corporation 1994: 1). In other words, Crocker Range was nothing more than a tollgate company that paid Sabah Foundation and average of about RM 190 for its logs and then sold them back to the Foundation for RM 240, earning a markup of RM 50. This was confirmed in a separate internal economic analysis by the Sabah Foundation, showing that Crocker Range earned a profit of between RM 56.47 and 57.42 per cubic meter between October and December, 1994, the first quarter in which they were allowed to handle timber under the new purchasing agreement (Sabah Foundation 1995). The special deal given to Crocker Range by the Sabah Foundation was confirmed in personal correspondence with Terri Chala, who wrote, “Crocker Range’s involvement in Tawau began two years ago since the election and with a 10 year agreement. About 50% of log volume in Tawau goes through Crocker Range. . . . Crocker Range’s objective is to sell as much as possible. Crocker Range has a special set deal price with the Sabah Foundation [sic] about RM190/m3″ (15 July 1997 correspondence with Terri Chala).

    -Former Chief Minister Tun Mustapha publicly accused S’ng Chee Hua of having helped to finance the Kitingan’s downfall. Tun Mustapha accused S’ng of helping to unseat Pairin in what Tun Mustapha described as “a coup d’etat, engineered by a Sarawak State Assemblyman.” Tun Mustapha said, “the February 18 and 19 election was the dirtiest ever witnessed” in his long political career. He continued, “The BN used every dirty trick possible from double voting and phantom voters to using illegals with temporary [identity cards], dropping voter’s names and transferring voter’s names without their knowledge. Even the police . . . and teachers . . . were recruited to work for the BN. . . . I understand the Federal Government has readied about RM two billion [$800 million] for infrastructure projects in Sabah. Companies in Kuala Lumpur linked to UMNO are standing in line for these projects. What is there for our people?” Tun Mustapha alleged, “these projects are designed to compensate the moneybags who financed the overthrow of the PBS government” (Tun Mustapha Undated).

    -An academic asked S’ng Chee Hua whether S’ng had any connection with Crocker Range Timber (CRT). The academic asked S’ng, and S’ng claimed to have never heard of CRT (27 May 1997 interview with a reliable and informed academic). S’ng is also not on the board of CRT. Notwithstanding these two facts, however, informants with widely differing politico-economic allegiances continue to assert that CRT was a S’ng Chee Hua company (17 October 1996 interview with Rudy Kinajil, 16 June 1997 interview with a knowledgeable Sabah-based source, 29 June 1997 interview with James Glyn, 23 July 1997 interview with Maximus Ongkili). One piece of proof of S’ng’s connection to CRT is that a string of shell companies eventually lead to S’ng. Crocker Range Timber is 100 percent owned by Mandalom Sawmills, which in turn is 100 percent owned by Sabah Kuwait Timber. In Sabah Kuwait Timber, S’ng Chee Hua’s influence is sufficiently large that he was reported to have been the key deal maker in the plan to inject Sabah Kuwait Timber into Amalgamated Industrial Steel Bhd (AISB), which would have resulted in him acquiring a large block of the shares in AISB (Star 1994b). One source said that S’ng Chee Hua’s position in Crocker Ranger Timber is as a proxy for Malaysia’s Minister of the Interior, Megat Junid (10 October 1996 interview with C.C. Pung). S’ng and Megat are business partners and reportedly run a videotape smuggling operation together (1 October 1996 interview with a knowledgeable Sabah-based source).

    _______________________

    Sng: My loyalty to PBDS should never be questioned

    by KS Paul, Malaysia Kini,6 June 2003

    Parti Bansa Dayak Sarawak (PBDS) vice-president Sng Chee Hua said today that he is a party loyalist and that his loyalty to PBDS should never be questioned by anyone within or outside the party.

    “I have been through thick and thin with PBDS since I won the Pelagus state seat in 1991 when the party was still wandering aimlessly in the opposition in Sarawak. Even through those difficult years, I had never wavered in my support for PBDS,” he stressed.

    Sng said that even when he was dropped at the last minute as the Barisan Nasional candidate for the parliamentary seat of Julau (although he was the incumbent then) in the 1999 general election, he went all out to ensure victory for his successor.

    Julau victory

    “I utilised my machinery, resources and mobilised all my supporters in Julau to make sure that the candidate (PBDS treasurer-general Joseph Salang) secure a handsome victory,” he recalled.

    “A lesser man would have abandoned the party upon being dropped. But I stayed on and toiled tirelessly for PBDS and the BN during the election campaign,” he added.

    Sng was responding to recent criticisms against him in recent weeks questioning his loyalty to PBDS and his ability to serve the interests of members of the predominantly Dayak party as he was a Chinese.

    Sng is now the running mate of party’s information chief Dr James Masing in their quest to wrest control of the PBDS top posts at the party’s triennial delegates’ conference next month.

    They are currently embroiled in a factional feud with their rivals for the president’s and deputy president’s posts, Daniel Tajem and Joseph Salang.

    Sole Chinese winner

    In the 1991 state election, Sng was the lone Chinese candidate to win on the PBDS ticket. He was then an associate member of the party. Several other Chinese candidates who also contested under the PBDS banner were defeated. The party won seven state seats that year.

    When PBDS amended its constitution to open its doors to non-Dayaks, Sng became a full-fledged card carrying member of the party. He made his parliamentary debut in the 1995 general election and won the Julau seat for the party.

    Sng also secured the second highest majority votes among BN candidates in Sarawak in that elections – and this, for a Chinese contesting in a Dayak-majority constituency, was no easy feat.

    In the 1996 state election, Sng retained his Pelagus seat unopposed. He did not contest in the 2001 state election to make way for his son, Larry Sng, in Pelagus.

    ‘Seditious’ remark

    On party president Leo Moggie’s recent remark that he preferred Dayaks to be the president and deputy president of PBDS, Sng responded: “Moggie is entitled to his opinion”.

    “In fact, I am quite surprised that Moggie (for his standing and stature) had made those remarks which can be described as ‘racial’ and which even bordered on ‘sedition’.”

    Sng also asked whether by his remarks, Moggie meant that only the Dayaks can help the Dayaks and that a Chinese cannot help his fellow countrymen from another race.

    “If this is the case, then Moggie had run foul of the BN’s concept of promoting multi-racialism and the creation of a Bangsa Malaysia.

    “Even as we speak, there is a proposal to turn the BN into a single multi-racial party and that proposal is being seriously bandied about by top BN leaders in a move to promote and strengthen multi-racial politics,” he said.

    Sng said that he advocated multi-racial politics as it was the best concept to ensure that the state and nation attain greater heights in all spheres of development.

    “Racial politics is a thing of the past. It cannot work anymore. We have to bury it and look forward to multi-racial politics which is about caring, compassion and sharing among the people”.

    Petty and vindictive

    Sng also pointed out that PBDS leaders must practise what they preach.

    “It is a fact that PBDS subscribes to the BN policy of power-sharing among people of all ethnic groups.

    “Yes, PBDS leaders have also been preaching multi-racialism all along. It is wrong and even dangerous to be ‘racial’ just because of one party election. It is also petty and vindictive.”

    Sng stressed that he would not be unduly distracted in his political belief of upholding multi-racialism to enable the working of a vibrant democracy in the state and nation.

    “All of us have since learnt that a multi-racial concept of power-sharing requires immense patience and tolerance.

    “And in the run-up to the party election, I will continue to be patient and tolerant,” he assured.

    Right to contest

    Asked why he wanted to go for the deputy president’s post, Sng said he felt he could continue to serve the best interests of the party better in a more senior position.

    “There is also nothing in the party constitution to prevent any member from contesting party posts, so why should anyone try to stop me,” he asked.

    “From Day One, Moggie never told me that I cannot contest for this post or that post. PBDS is a democratic party and a member’s right to go for any party position should never be curbed,” he added.

    Another reason why he agreed to be Masing’s running mate was because Moggie had repeatedly told him (Sng) that Masing was his choice as successor.

    “In fact, I agree with Moggie all these while that Masing should take over as party president once he (Moggie) decides to step down.

    “Of course, Moggie can change his mind in mid-stream but I am staying by Masing. It is also because I feel Masing is an experienced and qualified administrator and a person whom I can trust to do a good job”.

    Speak Iban like an Iban

    Sng 59, hailed from the Iban heart-land of Kapit in central Sarawak. He is a long-time businessman and corporate player.

    One distinct advantage he has as an elected representative in a Dayak-majority constituency is his ability to speak the Iban language. He is well-known as a Chinese who speaks Iban like an Iban.

    On public perception that he was the sole financier of PBDS, Sng was modest in his reply, “let’s just say that I contribute to the party just like everybody else”.

    However, Sng said that the PBDS education foundation was something close to his heart and he would continue to support it for the sake of the future generations of Dayaks.

    He revealed that since the foundation was set up, he had contributed RM1.4 million towards it.

    “Of the 150 students who had benefitted from the foundation so far, only three were Chinese”, he said.

    “Just take education as an example. Don’t tell me that a Chinese cannot help the Dayaks here,” he added as a matter-of-fact.

    _________________

    Sng lets the cat out of the bag

    Former Julau MP tells gathering Sarawak Workers Party (SWP) gunning for PRS seats

    by Conny Banji, Borneo Post, April 9, 2012, Monday

    SIBU: Is former Julau MP Datuk Sng Chee Hua the man behind the ‘new’ political entity Sarawak Workers Party (SWP)?

    Well, if what had transpired at a function in Rumah Abu, KM55 Sibu-Bintulu Road on Saturday is anything to go by, then Sng is the one.

    A source told The Borneo Post yesterday that Sng openly announced at the gathering in Selangau that the Registrar of Societies (ROS) had approved the registration of SWP recently.

    He even told the 500-odd people present that SWP would contest in no less than four constituencies belonging to PRS in the coming 13th general election.

    Sng said SWP might even challenge PRS in all its six seats, namely Sri Aman whose MP is Masir Kujat, Lubok Antu (William Nyalau Badak), Julau (Datuk Joseph Salang), Kanowit (Datuk Aaron Ago Dagang), Selangau (Datuk Joseph Entulu) and Hulu Rajang (Datuk Billy Abit Joo).

    “SWP will field professional candidates in some of the seats,” said the source, who requested anonymity when met here yesterday.

    He disclosed that among the potential candidates from SWP are Pelagus assemblyman George Lagong for Hulu Rajang and Ellison Ludan, a lecturer with a private university in Miri, for Kanowit.

    The source claimed that SWP was fast gaining grounds in the rural areas, and that it had registered about 7,000 members in Song, Tamin and Kakus thus far.

    “SWP’s target is to recruit 100,000 members,” said the source, who claimed that among those present at the function in Selangau were ex-PRS Wanita chief Josephine Randan Mawat, ex-Pemanca Jenging, ex-Penghulu Saging, ex-Penghulu Dagang and Sarawak Dayak Iban Association deputy president Munan Laja.

    It is understood that SWP is not a new entity. It was formerly known as Sabah People’s Front Party (SPF).

    A close aide to the party proponent recently told The Borneo Post that SWP was in fact the result of a “restructuring exercise” by the opposition party.

    “It is basically a buy-over. Upon approval by the Registrar of Societies (ROS) to change its name to Sarawak Workers Party two days ago (April 3), SPF’s next delegates’ conference will make amendments to the party’s new committee line-up.

    “The conference will also see amendments made to the party constitution to fit the laws and regulations here. The new Sarawak Workers Party will also make amendments to its address to be based in the state,” said the aide who had requested anonymity.

    He added that the four seats which SWP were eyeing were Hulu Rajang, Kanowit, Julau and Selangau.

    “The person behind the party is a businessman and a former elected representative here,” the aide had said.

    __________________

    A. Maklumat Syarikat: :

    Company Name : NCSB ENGINEERING SDN. BHD. / NAIM CENDERA HOLDINGS

    Address : 9TH FLOOR, WISMA NAIM 2 1/2 MILES ROCK ROAD

    Postcode 93200

    Town : KUCHING

    State: SARAWAK

    H.Maklumat Projek:

    Bil Tajuk Tarikh Anugerah Nilai (RM) KLIen

    …8. Cdgn Prog.Pembinaan,Penaiktarafan & Pembaikpulihan Sekolah2 & Asrama Di Neg.Swk Di Bwh Pakej Usahasama Naim Cendera S.B./Sebiro Holdings S.B. (Pakej C:5 Buah Sekolah) 09-06-2008 RM 32,739,197.38 KEMENTERIAN PELAJARAN MALAYSIA (BAHAGIAN PEMBANGUNAN)

    ….9. Cdgn Prog. Pembinaan, Penaiktarafan & Pembaikpulihan Sekolah2 & Asrama di Neg. Swk Di Bwh Pakej Usahasama Naim Cendera S.B / Sebiro Holdings S.B Bagi (Pakej B: 5 Buah Sekolah) 09-06-2008 RM 44,827,507.52 KEMENTERIAN PELAJARAN MALAYSIA (BAHAGIAN PEMBANGUNAN)

    ____________________

    A. Maklumat Syarikat: :

    Company Name : SEBIRO HOLDINGS SDN. BHD.

    Address : ROOM 102, 229-1 JALAN PERKASA SATU TAMAN NALURI, CHERAS

    Postcode 55100

    Town : PANDAN

    State: SELANGOR

    D. Maklumat Ahli Lembaga Pengarah:

    Bil Nama Warganegara Jawatan

    1.BULLU AK MAPAN MALAYSIA PENGARAH

    2.CLEMENT JAMAL AK EDDY MALAYSIA PENGARAH

    3.DATUK WAN MOHD HANAFIAH BIN WAN MOHD SAMAN MALAYSIA PENGARAH

    4.ENGAK @ RICHARD WIL ANAK UBAN MALAYSIA PENGARAH

    5.TAN SRI DATO’ SERI MEGAT JUNID BIN MEGAT AYOB MALAYSIA PENGARAH (Deceased)

    G.Modal Berbayar / Modal Terkumpul :

    a.Modal Dibenarkan (RM):

    b.Modal Berbayar / Modal Terkumpul (RM): 5,000,000.00

    H.Maklumat Projek:

    Bil Tajuk Tarikh Anugerah Nilai (RM) Klien

    1. Cadangan Program Pembinaan Penaiktarafan dan Pembaikpulihan Sekolah-sekolah di Negeri Sarawak Di Bawah Usahasama Naim Cendera Sdn Bhd / Sebiro Holdings Sdn Bhd Bagi (Pakej A: 3 Buah Sekolah) 09-06-2008 RM 69,894,221.60 KEMENTERIAN PELAJARAN MALAYSIA (BAHAGIAN PEMBANGUNAN)

    2. Projek Gantian Dan Naiktaraf Sekolah-Sekolah Di Sarawak- SMK Belaga 02-04-2008 RM 25,000,000.00 KEMENTERIAN PELAJARAN MALAYSIA (BAHAGIAN PEMBANGUNAN)

    3. Projek Gantian Dan Naiktaraf Sekolah-Sekolah Di Sarawak – Sekolah Kebangsaan Kampung Teh 28-03-2008 RM 5,600,000.00 KEMENTERIAN PELAJARAN MALAYSIA (BAHAGIAN PEMBANGUNAN)

    4. Projek Gantian Dan Naiktaraf Sekolah-Sekolah Di Sarawak – SK Pantu 28-03-2008 RM 11,400,000.00 KEMENTERIAN PELAJARAN MALAYSIA

    5. Projek Gantian Dan Naiktaraf Sekolah-Sekolah – SK Nanga Merit 02-03-2008 RM 13,000,000.00 KEMENTERIAN PELAJARAN MALAYSIA (BAHAGIAN PEMBANGUNAN)

    6. Cadangan Merekabentuk, Membina & Menyiapkan SK Iban Union 25-09-2003 RM 13,000,000.00 KEMENTERIAN PENDIDIKAN MALAYSIA,

    7. Cadangan Merekabentuk, Membina & Menyiapkan Rumah Guru (1,714 Unit) Di Sekolah-Sekolah Di 15-11-2001 RM 144,147,400.00 PEJABAT PELAJARAN TERENGGANU

  • 1994 Sabah UMNO Invasion

    Key events/dates in removal of the PBS from power in Sabah by UMNO:

    15 October 1990:

    Two weeks before a 1990 national election, Sabah Chief Minister Joseph Pairin Kitingan takes PBS from underneath the Barisan Nasional umbrella and joins a national opposition movement. The movement was led by Tungku Razali Hamzah, who had narrowly lost in a 1987 bid to oust Mahathir from the head of UMNO. In 1990, Razali led his followers away from UMNO and they formed a group called Semangat ’46. This group formed an alliance with the Chinese opposition Democratic Action Party, and the Muslim opposition PAS party, to challenge Mahathir. The Kitingan’s joining this group caused Mahathir to “declare never-ending war on them.” The PBS’s 1990 pullout deprived Mahathir’s BN of 10 votes out of a total of 20 in Sabah, and out of 180 in the national parliament, crucial votes on which he had been counting (FEER 1990g: 11).

    10 January 1994:

    Joseph Pairin Kitingan dissolves the state assembly 16 months before the end of the PBS government’s term. “Pairin had called for the snap poll a year before elections were legally due. He did so to pre-empt the on-going constituency delineations, being carried out by the [Federal] Elections Commission, which he alleged would make it very difficult for the PBS to win future elections. Pairin had no control whatever over the new forthcoming delineations, as the Elections Commission proposal only needed to be passed through [the Federal] Parliament as it did not involve the creation of new constituencies” (Malaysian Business 1995a).

    20 Jan 1994:

    Governor of Sabah, Said Keruak, resigns from the PBS, and from deputy chief ministership.

    18-19 February 1994:

    A state election is held, and the PBS wins the polls by a wafer thin majority, securing 25 of the 48 seats. The federal ruling Barisan Nasional wins only 23 seats, despite an all-out campaign by then-Deputy Prime Minister Anwar Ibrahim in Sabah. “Immediately after it became clear that his party had won – around 10 p.m. on Saturday, February 19 – Pairin drove to the [governor's] residence fully expecting to be sworn in. He would spend most of the weekend sitting in his Mercedes limousine, outside the gates of the residence . . . Sabah’s [governor] Tun Said Keruak was said to be unwell and the next day his staffers issued a statement that the swearing-in would take place the following day, Monday. But the statement made no indication of who would be sworn in. Pairin stayed put outside the gates, apparently fearing a . . . constitutional hijack” (Malaysian Business 1994b).

    20 Feb 1994:

    “Kitingan . . . sworn in as Sabah’s chief minister” (Malaysian Business 1994b).

    Interim During a one month interim, there is “common speculation that UMNO [the largest party in the Barisan Nasional] lured [the PBS] men away with cash and promises” (Malaysian Business 1995a). UMNO reportedly used two timber businessmen, S’ng Chee Hua and Joseph Lee, to bankroll the defection of selected PBS members. S’ng is widely viewed as a political moneyman in Sabah (23 May 1997 interview with a reliable and informed academic). Two informants said Joseph Pairin Kitingan had shown them photographs of S’ng Chee Hua, escorted by Special Branch officials, walking out of the house of a PBS assemblyman, carrying a paper sack, which Kitingan maintained was full of money, but had been turned down by the PBS assemblyman in the house (16 June 1997 interview with a knowledgeable source in Sabah, 23 July 1997 interview with Maximus Ongkili). As to the second political financier, Joseph Lee, UMNO officials, and possibly Prime Minister Mahathir himself, requested that Lee provide inducements to PBS members to leave the party. In the end, enough PBS members joined the BN to give it the majority of seats in the Sabah parliament as well as the chief ministership. As a result, S’ng Chee Hua’s company Crocker Range timber, and Joseph Lee’s company Peluamas, were together awarded 80 percent of all logging contracts on Sabah Foundation land (29 June 1997 interview with James Glyn).

    17 March 1994:

    Joseph Pairin Kitingan resigns as chief minister when his party loses its majority in the state legislative assembly. The Sabah Barisan Nasional, with 31 seats in the 54-seat state assembly forms a new government. Sabah’s Deputy UMNO chief Sakaran Dandai is sworn in as the new chief minister.

    ____________________________

    Pairin’s past catches up to haunt his future

    by Joe Fernandez, FMT, February 29, 2012

    Jeffrey’s revelations could well spell the beginning of the end for his brother.

    Sabah Deputy Chief Minister Joseph Pairin Kitingan may suddenly be in danger of overstaying his welcome in government and politics.

    This follows an unprecedented statement on Monday from his brother, Jeffrey, the chairman of the newly formed State Reform Party (STAR).

    The younger Kitingan said he loved Sabah more than he loved his brother. That must account for his repeated attempts to get Parti Cinta Sabah (PCS) registered before STAR came his way from Sarawak.

    Jeffrey virtually told Pairin not only to go, but to go now, not because he wanted the Keningau parliamentary seat as alleged, but because the elder brother stood accused of squatting on the people, and for so long that they were now suffocating.

    The younger Kitingan did wash a little dirty linen in public, going back to the 1994 downfall of the PBS government, but it is not clear to what purpose. It is no use crying over spilt milk. Besides, since much of the dirty linen involves de facto prime minister Dr Mahathir Mohamad, it is unlikely that Sabahans would bother to take much interest.

    Mahathir is bad news in Sabah given his suspected role in opening the floodgates to illegal immigrants and swamping the electoral rolls with them. Jeffrey himself referred to this when he reminded Pairin that he was part of a state government that was in cahoots with Mahathir.

    Mahathir is unlikely to back Jeffrey on his recollection of the events of 1994 against Pairin, who is a key Barisan Nasional leader. The best he might do in Jeffrey’s favour would be to plead one of his temporary bouts of amnesia. At worst, he might engage in selective memories. Mahathir has played out this spectacle before, even in court, and got away scot-free.

    Does it really matter at this time that Mahathir initially had no intentions at all to overthrow Pairin in 1994?

    In any case, Mahathir really had no business locking out Pairin from the Istana, preventing him from being sworn in as the chief minister for an unprecedented fourth term. Mahathir, according to Jeffrey, wanted one or two Cabinet posts in Pairin’s government for his Umno, which had been humiliated in the state polls.

    It now appears that Jeffrey turned down Mahathir’s offer of the chief minister’s post and finally prevailed upon him to allow Brother Pairin to be sworn in. Jeffrey did the right thing. Who is Mahathir to offer the Sabah chief minister’s post to anyone? It defies the will of the people, freely exercised in a state election, defies the State Legislative Assembly, the state constitution and the governor.

    Too little too late

    Hardly a month later, Mahathir played out both brothers by stage-managing Pairin’s overthrow. Jeffrey appealed, throwing in two Cabinet posts as a carrot if not bait, but it was too little too late. Mahathir was adamant that the brothers and the Dusuns should go. Mahathir’s old obsession about not allowing the Dusuns, Christians in particular, to rule Sabah surfaced in all its ugly manifestations.

    The rest is even more history and it would be pointless for Jeffrey to repeat it.

    If Jeffrey’s politics is all about making a difference for the better, as envisaged under the opposition’s Agenda for Change and Reform, patently he can no longer afford the luxury of making excuses for his elder brother’s continued involvement in politics.

    Indeed, it can even be stated that Jeffrey can no longer afford, at his age (63 years), to continue to remain Pairin’s errand boy in politics. He needs to strike out on his own, as far away as possible from his political master. He should accept that the ageing leader, reportedly the best chess player in Sabah – and not just political chess – has played his game for too long. It’s now time to turn out the lights and retire.

    Between now and the 13th general election, the guessing game will be on how the younger Kitingan will help ease out the elder one from the politics of the state. It is a necessary evil. The future of Jeffrey’s politics and STAR will hinge on this core strategy.

    One way for Jeffrey to do this would be to appeal directly to the tribal elders in the state – Christians, pagans and others – and non-native communities to help put pressure on his brother to stop politicising his position of Huguan Siou (paramount chief) of the Kadazandusuns.

    The Huguan Siou, on paper, is expected to remain above politics. But Pairin, like his predecessor Donald Stephens, has refused to stay out of politics. As a result, the position has been compromised somewhat in the wake of self-serving politics which has seen the natives in a multiplicity of parties and beholden, for no rhyme or reason, to Putrajaya.

    Pairin himself should see the writing on the wall and retire gracefully to his ancestral Tambunan home in the high country to reign, if not rule, as a respected Huguan Siou. The ancestral spirits in Nunuk Ragang, the mythological origin of the Dusuns, cry out for this justice.

    The Huguan Siou presides not just over the Dusuns but over all Sabahans.

    Indeed, it is a great tragedy that the post of head of state is not held by the Huguan Siou in much the same way as the sultans in Peninsular Malaysia. It would have been a unifying factor and a rallying point for the people. This might be food for thought as part of the Agenda for Change and Reform promised by the opposition in the state.

  • 1994 Sabah UMNO Invasion

    The Palace Coup (Part 1)

    By Hakim Joe, Monday, 31 August 2009, Malaysia Today

    Many Malaysians may not know this but the Perak Fiasco this year is not the second constitutional crisis that has rocked Malaysia (after the UMNO crisis). In fact, UMNO’s deregistration as an association by the Registrar of Societies in 1987 was also not Malaysia’s first constitutional crisis but the second.

    The dubious award of Malaysia’s first ever constitutional crisis was bestowed on the Sabahan State Government in 1985 when the Berjaya-appointee Sabahan Governor, Tun Haji Mohd Adnan Robert, despite stern objections from his advisors including the Sabah State Attorney Datuk Nicholas Fung and Sabah High Court judge, Justice Datuk Charles Ho, had decided to swear-in a minority coalition party leader as the Chief Minister of Sabah, a coalition that had won less state seats (22 seats combined) in the just completed State Elections than the victor (26 seats), an action that contravened the State Constitution and the Federal Constitution of Malaysia.

    So, what happened during the early dawn hours of 22 April 1985 that eventually propelled the State of Sabah into total chaos? An action by one single man in his capacity as the Governor? Or was he somehow “persuaded” (against all logical reasons) by Datuk Haji Yahya Lampong and the inaction of others present (except for Nicholas Fung and Charles Ho) to continue with the swearing-in ceremony? Before you continue reading, always keep this in mind. A Sultan or a State Governor can appoint a Menteri Besar or a Chief Minister but he cannot dismiss him after swearing him in. The appointed MB or CM can only be dismissed in the State Legislature by a vote of no-confidence, if he is convicted of a crime or if he dies in office.

    Once again, let us start from the beginning.

    Sabah held its state elections on 21 April 1985, a wide open contest between three political parties, namely Berjaya (BN component party and incumbent state government) led by CM Datuk Harris Mohd Salleh, USNO (previous BN component party and state government) led by Tun Datu Haji Mustapha Datu Harun, and the recently formed, months-old, Parti Bersatu Sabah (PBS), led by Datuk Joseph Pairin Kitingan (former Berjaya Vice President).

    By 11pm on Election Day, it was evident that Berjaya had lost the Sabah state elections. CM Harris had in fact lost his seat in his Tenom constituency. The only Berjaya candidates that survived the backlash were the Speaker of the State Assembly, Tan Sri Haji Sunoh Marso, two deputy ministers, Haji Malek Chua and Hiew Ming Kong, plus three others.

    Celebrations were however held at the USNO camp. At almost 1am on 22 April 1985, when USNO and PBS had jointly won 25 seats (simple majority), USNO’s director of elections, Haji Karim Ghani called Pairin’s residence to implement the secret plan between USNO and PBS to form a coalition state government, a plan hatched between Pairin and Mustapha to unseat Berjaya prior to the elections. The telephone call was answered by Pairin’s PBS legal advisor, Datuk Herman Luping, who told Haji Karim that “he will get back to him after speaking to Pairin”, a call that was never returned as PBS continued to win one constituency after another. Treachery? Well, nobody said that politics was clean. The initial pact was made at a time when neither USNO nor PBS thought that their respective party could win the Sabahan elections alone.

    It was not until later when the return call never came that Mustapha realized that Pairin had double-crossed him. Moral of the story so far – never trust your political opponents.

    It was also then that the State Attorney General Datuk Haji Yusuf Rashid, mentioned to Datuk Haji Yahya Lampong that USNO’s 16 seats plus Berjaya’s 6 seats (a total of 22 seats) were sufficient to form the State Government, provided that the Governor grant the 6 nominated seats to them. (The Sabah Governor has the privilege to do so as the Sabahan Legislature consists of 48 contested seats and 6 nominated seats.)

    A call (at 2am) was hastily made to the USNO camp for a meeting between the two leaders. At 2.30am, Karim called Datuk Haji Majid Khan (Berjaya’s elections director) to confirm the meeting at Tun Mustapha’s residence. Majid and Abdul Malek Chua arrived about 15 minutes later and were taken to meet Mustapha. In the meeting, Mustapha was skeptical about this “plan of action” that could unseat PBS but a subsequent telephone call from the Istana “inviting Tun Mustapha to take the oath of Sabah CM” banished all doubts from the USNO President’s mind.

    Why did the Governor do it knowing very well that PBS had won 26 seats to Berjaya’s 6 seats and USNO’s 16 seats? Events soon unfolded that Harris had called the Governor after receiving the call from USNO at 2am, informing him that Berjaya has formed a coalition with USNO and that their combined total of 22 seats plus the 6 nominated seats (by the Governor) constitutes a simple majority win in the 54-seat Sabah Assembly. It was then that instructions were given to Adnan’s ADC, Haji Mandalam Marziman, to prepare for the swearing-in ceremony in the wee hours of the night (or is it day?). It was also then that Madalam received a call from the PBS legal advisor, Datuk Herman Luping, as to whom he would need to contact to organize the formal swearing-in ceremony for Pairin as the CM of Sabah.

    Mandalam then proceeded to contact the Governor’s private secretary, Sukarti Wakiman, to inform him of Adnan’s decision and to contact the Protocol Officer, Ahmad Jalil, to prepare the arrangements for the ceremony. Ahmad Jalil was already at his office and called the Secretary to the Cabinet, Richard Ngui Thien Soong, to bring all the Instruments of Appointment and Oath of Office to the Istana. It was also then that Ahmad Jalil called Mustapha’s residence to inform him of Adnan’s decision and to invite him to the Istana. The time was almost 2.45am now. By then Harris had already dispatched Nicholas Fung and the State Secretary, Hamid Egoh, to the Istana to help out with the arrangements for the ceremony.

    When Richard Ngui arrived at the Istana, he told Ahmad Jalil that the Instrument of Appointment and Oath of Office already had Datuk Harris’s name on it (optimistically never expecting Berjaya’s humiliating defeat) and that Jalil should just blanko off the Harris’ name and retype Tun Mustapha’s name on it. It was now that the Sabah State Attorney Nicholas Fung pointed out to Adnan that PBS was the victor and that it was unconstitutional for Adnan to swear in Mustapha, to which the Governor interjected that he knew “what he was doing”.

    By then, the guests were all arriving at the Istana and these included Mustapha, Yahya Lampong, Majid Khan, Malek Chua and the Commissioner of Police, Mohd Noor Khamis. When Nicholas Fung saw Yahya and Majid, he once again strongly reiterated that it was unconstitutional for Adnan to appoint Mustapha as the CM. It was then pointed out by Yahya that under Articles 6(3) and 10(2) of the State Constitution that Adnan has the discretion to appoint a member of the Assembly so long as he is satisfied that the member is likely to command the confidence of the majority of Assembly members. Nicholas Fung was not easily cowed and warned of the dire consequences if the swearing-in ceremony was permitted to go ahead, but to no avail. It was then that Adnan asked if Kuala Lumpur had been consulted of his decision to which Majid replied that Harris was trying to get in touch with Musa Hitam (the acting PM as Mahathir was in London). It was also then that Adnan asked if a judge was necessary to which High Court judge, Justice Charles Ho was immediately called up on the phone to attend the ceremony at the Istana.

    Harris managed to contact acting PM, Musa Hitam at around 3.40am, and informed him of the Berjaya loss and the subsequent proposal to form a coalition party with USNO. Harris also told the acting PM that Adnan had decided to appoint Mustapha as the CM to which Musa said, “Datuk, give me a few hours.” Musa was of course naturally apprehensive over the events happening in Sabah as it might create a law and order situation of which the Federal Government had no intention of sticking their head into. After all, Musa might be the acting PM but he was the Home Minister. Pairin might not be able to contact Musa but he finally got through to the Federal Attorney General, Tan Sri Abu Talib of which he explained the situation. Abu Talib then advised Pairin to take legal action against Adnan if the latter had already sworn-in Mustapha because the Federal Attorney General and the Governor possess no power to dismiss the CM once he is sworn-in.

    When Justice Charles Ho arrived at the Istana, he was briefed by Nicholas Fung and Hamid Egoh as of the situation to which the Judge told the Governor that it was unconstitutional, that the judiciary did not want to get involved in this illegal event and that who was willing to take the blame if there was any bloodshed? Charles Ho then proceeded to tell Tun Adnan that he wanted nothing to do with this decision and that he was going home. Nicholas Fung left with Charles Ho. Adnan told Hamid Egoh to proceed with the ceremony. It was almost 4am. Moral of story so far, listen to what your subordinates have to tell you.

    It was about this time that Kota Kinabalu police chief, OCPD Supt. Victor Lim got a call on his walkie-talkie that Harris and Mustapha were present at the Istana for the swearing-in ceremony. He immediately alerted Pairin and Luping. Luping immediately tried to contact Sukarti at the Istana but was told by Mandalam that Sukarti was not available. Luping then drove to Hamid Egoh’s house but the latter was already at the Istana. It was then that Luping (and a group of PBS supporters) drove to the Istana but found themselves barred from entering. Pairin was kept informed of the worsening situation and he decided to call Musa Hitam, of which he failed to contact at his home. (Musa was in fact at Bukit Aman monitoring the Sabah situation.)

    When Hamid Egoh was resting after the swearing-in ceremony, he received a call from Abu Talib, demanding to know what was happening in Sabah. After a lengthy argument, Hamid Egoh told Abu Talib that Mustapha had already been sworn in as the 7th CM of Sabah.

    Pairin finally managed to contact his good friend, Musa at about 6.30am. Musa reassured Pairin that they were doing everything to defuse the tense situation and that the Federal Government had to uphold the system of parliamentary democracy and that they will respect the wishes of the people of Sabah. Pairin then instructed his legal team to prepare two letters to Adnan, the first emphasizing that PBS had won the elections and therefore the right to form the state government, and the second as a warning to Adnan that unless he dismisses Mustapha, legal action will be taken against him.

    It was at about 9am that Pairin managed to contact Hamid Egoh at the State Secretariat. After properly lambasting the State Secretary for allowing the illegal swearing-in of Mustapha as the CM (probably left, right and centre), Pairin asked Hamid if he still had the power and authority as a State Secretary to set up a meeting with Adnan. Hamid immediately contacted Sukarti, instructing him to make an appointment for Pairin to meet with Adnan. 15 minutes later, Sukarti called Hamid to tell him that Adnan would see Pairin at noon. Hamid conveyed the news to Pairin, who immediately agreed.

    Adnan however changed his mind and cancelled the meeting at the last minute. He got his personal secretary to inform Hamid Egoh that he was busy and tired and that Hamid should relay this news to Pairin. When Pairin heard about this snub, he had to move fast lest his supporters start a riot.

    Adnan however had an early visitor in the form of KK OCPD, Supt Victor Lim who proceeded to hand over the two letters from Pairin’s legal advisors. This was the first time that Adnan heard (from Supt Victor Lim) that Kuala Lumpur was not pleased with his actions. It was also at this time that Herman Luping turned up at the Istana gates to seek an interview with the Governor with regards to Pairin’s swearing-in ceremony. Of course Adnan refused to see him and asked Supt Victor Lim to convey to Herman that they should deal with the “new” CM and not him.

    Kota Kinabalu streets were now completely deserted after Mustapha had announced over the radio that the people of Sabah should not be apprehensive and unduly alarmed over his appointment as CM. Mustapha had also instructed the Press Secretary, Fauzi Patel, to draft a similar statement for Adnan’s private secretary, to be issued by the Istana confirming the Governor’s decision to appoint him as the CM. Fauzi Patel of course had to have this statement confirmed by Hamid but was told to clear it with Nicholas Fung. Nicholas, on the other hand, refused to have anything to do with it as he had no intentions of working for Mustapha and was planning to resign the position of the Sabah State Attorney. A further attempt by Hamid to send the draft to Fung through the Secretary of the Cabinet, Ngui, proved to be equally futile. Hamid was therefore left with no other choice but to vet the statement himself. He then asked Sukarti to forward a copy each to be forwarded to the Information Department, RTM and Bernama.

    To highlight the incredulity of the people of Sabah, even the press division of the internal Information Department withheld the release of this statement. Department Head, Justine Miol had to personally go to see Hamid Egoh to confirm its authenticity as he could not believe what he had just read.

    At about noon, RTM began relaying Musa’s statement on the Sabah Elections, “The Sabah Election is now over and the people have already made their choice. To the winners, I congratulate them. However, I would like to appeal to all parties, especially those who lost, to respect the wishes of the majority of the people. For we in the Federal Government will also continue to respect the wishes of the majority, based on the system of parliamentary democracy which we hold in high esteem…The Federal Government will continue to ensure that the security situation is under control. In this connection, I would like to remind any group planning to take action which could threaten the security that the Government would not hesitate to take firm actions against them.”

    About an hour later, Musa came up with another statement, “I would also like to take this opportunity to explain the Barisan Nasional’s stand in connection with the developments in Sabah after the elections that have just ended…I would like to inform that at 3.40am yesterday, Datuk Harris Salleh had asked my permission that Berjaya under his leadership join USNO to form the new State Government of Sabah. I explained to Datuk Harris that I could not give him the permission as I have to consider…” Moral of the story so far, have high ranking pals in the Federal Government.

    The shit had just (literally) hit the fan. This was the second indication (the first was from Supt Victor Lim to Adnan) that the Federal Government had not viewed favorably the turn of events at the Istana, but this was official while Supt Victor’s words were merely unconfirmed hearsay.

    Adnan was jolted to the hilt when he heard the statements made by acting PM Datuk Musa Hitam. First was the threat by Musa to take firm actions against anyone who threatened the security of the State (which he did when he made Tun Mustapha the CM subverting the Constitution) and the second was Musa’s disassociation of BN from any actions partaken by the Governor and Berjaya after the elections (meaning that he would not be obtaining any help from Kuala Lumpur). The meeting that Pairin had so far failed to get (with him) suddenly gained prime importance. Hamid was contacted to immediately set up the meeting at 2.30pm “alone with Datuk Pairin”, insisted Adnan.

    Despite conveying the message to Pairin that the Governor wanted to see him alone, ten full carloads of supporters (together with Nicholas Fung) accompanied Pairin to the Istana. Pairin arrived early at the Istana (2pm) and was immediately brought to meet Adnan. It was here, less then 24 hours before, that Mustapha was appointed and sworn-in as the new CM and it was here now that Adnan is conspiring with Pairin to bring about the revocation of the appointment (together with Nicholas Fung and Hamid Igoh). Abu Talib was contacted to give his advice and the Federal Attorney General reiterated that Mustapha cannot be dismissed (Kalong Ningkan case) but recommended them to talk to Mustapha urging him to resign on his own accord.

    Herein lies the problem. How could they urge Mustapha to resign when they had appointed him less than 24 hours ago? Yacob Marican was fished in to assist and he recommended using Razak Rouse (USNO legal advisor) as the conduit because of the latter’s close friendship with Tun Mustapha. Razak was invited to join the group at the Istana but dreaded the responsibility once it was impressed upon him the full nature of the business at hand. Meanwhile, an official letter was drafted to Mustapha revoking (not dismissing) his position as the CM of Sabah. This letter was then handed to Sukarti, who gave it to Jalil to personally deliver it to Mustapha. Meanwhile preparations were made for the “second” swearing-in ceremony of the day.

    This time, RTM and the State Information Department were called in to record the ceremony. There were only four guests at the ceremony (Hamid Egoh, Nicholas Fung, Victor Lim and Charles Ho). It was then that Justice Charles Ho contemplated the evident fact that Adnan’s decision to proceed with Pairin’s appointment as CM without first obtaining Mustapha’s resignation would complicate matters even more. RTM broadcasted the ceremony nationwide later in the evening. On Mahathir’s return to Malaysia, he openly backed what Musa had done to defuse the situation in Sabah.

    While the uproar was still at the height of the controversial event, Pairin sprung another surprise by announcing that he had included 3 (out of the 6 nominated members) into his cabinet, namely Bernard Dompok, Nahalan Haji Damsal and Puan Ariah Tengku Ahmad to represent the Malay interests in the state. 3 Kadazans to represent the Malay interest (even though two of them were Muslims)? USNO in the meantime had beseeched Pairin to honor the election pact to form a coalition government but was told in the State Assembly (20 May 1985) that “PBS was perfectly capable of representing the Muslim interest and therefore a coalition with USNO would have served no purpose.” It was then that Yahya Lampong challenged Pairin’s position as CM stating the fact that as Mustapha had never resigned from that post after being appointed by Adnan and since Adnan did not have the power to dismiss Mustapha, Pairin’s subsequent appointment was ipso facto unconstitutional. This revelation shocked many PBS MPs as not all of them knew what really happened on the 22nd of April between the Governor and their party leader. Yahya proceeded to lead all USNO MPs out of the Assembly.

    On 22 May 1985, USNO lawyers filed a writ at the KK High Court seeking to declare Tun Mustapha as the rightful CM of Sabah and that the revocation was unconstitutional, null and void; that the Governor’s appointment of Pairin was unconstitutional, null and void; that the Governor has acted unconstitutionally in appointing the State Cabinet; and that all acts and things done by Pairin in the capacity of CM were null and void.

    Joseph Kurup (PBS Secretary-General) retorted by threatening to initiate procedures to dismiss all USNO members for their walkout in the May 20th Assembly session. The stakes are now well and truly raised. Whatever that had possessed Adnan to make the decision to appoint Mustapha took on a new dimension when a bomb exploded in the Segama complex the following day. The second bomb exploded on 29 May. This was to be the onset of a series of bombings in Sabah.

    To offset the USNO writ, Pairin announced that the Legislative Assembly will meet on May 30th to pass a vote of confidence on his position as the CM. USNO countered this move by applying to the High Court on May 27th for an injunction to stop Pairin from proceeding with the session but to no avail as the application was rejected because the High Court was of the view that they did not have the jurisdiction to interfere with Assembly proceedings. (How much has changed leading to the Perak Fiasco.)

    On May 30th, Pairin easily won the vote of confidence. Capitalizing on this victory, Pairin continued his attack on USNO, branding them as conspirators in a coup to snatch power from those who had legally won in the elections. Later, in his defense of the USNO writ, Pairin claimed that Mustapha had conspired with Harris to illegally install Mustapha as the CM and that their attempt to seize power by fraudulent means had been motivated by their desire to prevent the previous government’s financial and administrative misdeeds from being exposed.

    On June 4th, the third bomb went off at Tanjong Aru, recording the first fatality. Moral of the story so far, get away from places where bombs are likely to be detonated and never compound one mistake with another (to cover the first one).

    To preempt the hearing of the USNO writ, Pairin once again called an emergency session of the Assembly, this time to express its confidence in Adnan’s appointment of Pairin as the CM. USNO members once again boycotted this session as they deemed Pairin’s administration to be illegal and proceeded to lodge a police report to the effect that the vote of confidence constituted a contempt of the court. Here is where the shit really hit the fan. In moving the motion, Mark Koding (Pairin’s deputy) said that Adnan was forced and coerced to appoint Mustapha as the CM.

    The court battle begins (to be continued).

  • 1994 Sabah UMNO Invasion

    The Palace Coup (Part 2)

    By Hakim Joe, Tuesday, 01 September 2009, Malaysia Today

    [Read Part 1 at The Palace Coup (Part 1)]

    There is no such thing as either a “good” law or a “bad” law. As with all laws, they are required to be tabled and read in Parliament and it is these Parliamentarians (or lawmakers) that hold the key as to having the law to be approved, amended or repealed.

    Read this part carefully as it was a precedent-setting case just like the Kalong Ningkan case. However, it can only be signified as a constitutional landmark “if the jurist act in accordance to the law of the land” and not misinterpret it to suit themselves (or their political masters) or the will of the people.

    The fact remains that Pairin could have sought a vote of confidence in the Sabah Legislative Assembly against Mustapha instead of insisting Adnan to swear him in as the CM. An error was already done when Adnan swore Mustapha in as the CM despite knowing the fact that the combined USNO-Berjaya seats were less than that of PBS. To swear Pairin in without first obtaining a resignation from Mustapha, and to revoke the initial appointment was in fact another error in judgment. There are no laws in Malaysia that allows for a Sultan or Governor to dismiss, discharge or revoke the status of a CM in office. Additionally, there are no laws that allow the Judiciary to interfere with the Legislative Assembly proceedings let alone either declare or dismiss a CM in office, and until the Perak Fiasco, these constitutional rights were treated as sacrosanct (well, maybe not in this case either…)

    In the Mustapha/USNO writ against Pairin/Adnan, it is the contention that the initial appointment of Mustapha as the CM of Sabah by the Governor (Tun Adnan) supercedes all later appointments. Additionally, a CM can only be ousted from the Assembly through a successful no-confidence vote against him at the State Assembly, and not through a dismissal or revocation by the Governor and since no such vote was ever held in the Sabah State Legislature and that the revocation order is null and void, it must therefore follow that Tun Mustapha is still the legally appointed CM of Sabah.

    Pairin’s legal counsels (Luping and Puthucheary) argued that the High Court does not have the jurisdiction to interfere with the Legislative Assembly proceedings and that the writ should be rejected because the issue at hand was not justiciable. Additionally, the Sabah State Legislature had successfully held a vote of confidence on May 30th and that Pairin, as the leader of the winner in the state elections & duly being appointed as CM by the Governor, should not have to be answerable to this writ and the added fact that the initial appointment was made under duress after the Governor was coerced by Harris and Mustapha to appoint the latter as the CM.

    The learned High Court Judge, Justice Datuk Tan Chiaw Tong, however found that the issue was not who had won the recent state elections or what went on in the Sabah State Legislature, but whether the initial appointment of Tun Mustapha was legal or not, henceforth making the matter judiciable in the determination of the rightful CM. Pairin/Adnan were then asked to prepare their defense.

    Not agreeing with the High Court verdict, Pairin’s legal counsels appealed to the Supreme Court for final judgment. On 21 October 1985, the Supreme Court dismissed the appeal by Pairin and upheld Justice Tan’s ruling on the matter of jurisdiction. Acting Lord President, Justice Tan Sri Abdul Hamid Omar together with Justice Tan Sri Hashim Yeop Sani and Justice Tan Sri Eusoffee Abdoolcader stated that the central issue of the matter was the validity of the initial appointment of Mustapha as CM, and since the appellants spoke of “duress and coercion” that had led to the appointment of Mustapha, “it is therefore imperative that the court examine the allegations in order to determine the lawfulness of the initial appointment and whether Tun Adnan was impaired as a result of exercising his discretion in making the appointment.”

    The crafty Pairin while awaiting for the case to begin, once again called for an emergency session of the Assembly for the amending of the State Constitution, this time specifying the Governor’s powers on the appointment of a CM and to make these amendments effective on the 22 April 1985, so that through this device of constitutional amendment, Adnan’s dismissal of Mustapha and subsequent appointment of Pairin would ipso facto be legalized. Yet another amendment is to forbid assembly members from joining another political party with the consequences being their contested seat automatically falls vacant if they do. (DSAI should be able to learn a thing or two from this episode.)

    USNO’s response to these maneuvers was to apply to the KK High Court to restrain Adnan from assenting to any Bills passed by the Legislature until the court has decided on the issues raised in the writ.

    To be able to amend the State Constitution, one requires a two-third majority voting for change (which is why it is so damned important that a government should not possess such a majority) and not a simple majority. When Pairin initiated the amendments to the Sabah State Constitution, he only had 32 (26 plus 6) out of the 54 available votes which amounted to 59.2%. He in fact needed a minimum of 36 votes in his favor to be able to do anything, which he thought he obtained by enticing 5 USNO and Berjaya politicians to join PBS. (He would have 37 votes.)

    On 28 October 1985, Tun Adnan’s invitation (parliamentary privilege) to speak at the Assembly kick started the Sabah State Legislature session. Pairin even had the cojones to ceremoniously hand over the prepared PBS text to him in the open. Mustapha (attending the Assembly for the first time since the elections) did not have to wait long to know its contents. Adnan began by informing the Assembly that the people had made it amply clear as to which particular political party they had preferred to form the State Government. Then came the tirade which included the usage of terminologies like “evil forces”, “exploitation”, “disrespect”, “interference” and “manipulation”. Adnan finished his “prepared” speech by confirming the appointment of Pairin as the CM and that he wants to “make it absolutely clear that” he “does not recognize any other as CM apart from Datuk Pairin.” Having delivered his speech, Adnan fled the stunned Assembly.

    While Adnan was making his fast getaway through the exit doors, the Clerk of the Legislative Council, Francis Yap rushed to Pairin informing him that he did not have the two-thirds majority of votes he required to amend the State Constitution because he only had 35 (64.8%) votes and that Ghapur and Gatuk were absent. Yap then advised Pairin to withdraw the Constitutional Amendment Bill which he consented to a doubly stunned Assembly. While this was all happening, Bernard Dompok rose to move yet another resolution, this time seeking disqualification of Mustapha, Yahya and Piting from their Assembly membership for being absent from three consecutive Assemblies without permission.

    The Assembly was now triply stunned when the Speaker stopped Dompok from moving the resolution, stating that he had in fact given official leave of absence to the three USNO members. This Dompok and Pairin flatly refused to accept because it was claimed that it was the Speaker himself that has confirmed that the three USNO members had remained absent without permission. Moral of story so far, do not trust your political opponents, do not trust the frogs and do not trust (especially) your own party members.

    If Pairin thought that he had enough worries for the day, he was sorely wrong. Adnan reached the Istana to find an injunction (from Mustapha) waiting for him, barring him from assenting to any Bill(s) passed by the Assembly. If Pairin thought that he had enough worries for the month, he was sorely wrong. While he was in KL, USNO and Berjaya submitted four pre-signed resignation letters to the Speaker who immediately declared their seats vacant. The four were Ahmad Baharom Titingan, Saman Ghulam, PK Lau and Othman Yassin, the same three USNO/Berjaya members that had crossed over to PBS (plus one who had promised to cross over.) PBS quickly submitted an injunction to stop the by-elections but was rejected by the court even after the four had stated that they did not resign from office. (Different scenario from what finally eventuated in Perak.) The EC fast tracked this issue and by the time the by-elections were over, USNO had successfully retained two of the four vacancies. Berjaya lost the other two seats to PBS.

    On 18 November, the Mustapha vs. Pairin case resumed in court. This time Pairin and Adnan were represented by Anthony Paul Lester QC, and new facts were added from the defense whereby Adnan had been subjected to undue outside influence when he appointed Mustapha as the CM (against his will) and that the Governor had feared for his life and those of his family members. (Wa-lan-nay! It’s good to have a good lawyer.) Lester went on to state that Adnan had felt “extremely frightened and insecure” when he agreed to proceed with the ceremony and that the “Mustapha’s coup” was unprecedented in the history of Malaysia. Furthermore, Mustapha had pressured Adnan into misusing the Governor’s constitutional powers to appoint him as CM rather than Pairin. The defense counsel contended that Mustapha and Harris had usurped the constitutional powers vested in the Governor and had forced him to appoint Mustapha, against his wishes.

    Adnan played his part well as the first witness called by the defense, making certain that the inviolable office of the Head of State was being adjudicated here. How could a judge say that the Governor is lying? The only conflicting statement Adnan made was the police report he made on the April 22nd incident and that was not tendered as evidence because the report was safely locked away in the Attorney-General’s office vault. When Adnan was questioned by Kidwell QC (Mustapha’s legal counsel) as to why he had discussed the present case with Lester and Puthucheary (Pairin’s legal counsels) instead of the State Attorney, Adnan stated as a fact that Datuk Herman Luping was also present. This, Kidwell failed to grasp because the current State Attorney was Nicholas Fung and not Herman. If Kidwell had done his homework, that would have been obvious and Adnan’s testimony would be left wide open for Kidwell to systematically demolish.

    Furthermore, when questioning the security at the Istana, Adnan stated as a fact that he did not trust Mandalam (his ADC and security chief) 100% but sympathize with him and retained him due to Mandalam’s large family. Further questioning revealed that none of the security personnel were transferred since the elections and that Adnan had retained all of them to facilitate the court. (Before the case was over, Adnan was to transfer them all when they refused to back him up in his evidence.) Kidwell proceeded to tear apart Adnan’s testimony (of being frightened for his life), asking him why he did not inform the Police Commissioner who was at his house or his good friend (Avtar Singh) a former police officer who was also at that time in the house with him (as a family guest), or even Supt Victor Lim (KK OCPD) who visited him the next morning.

    Adnan also claimed that after Nicholas Fung had left with Justice Ho, he did not utter the words “Let’s go. Let’s swear-in Tun Mustapha” which was contradicted by Hamid Egoh, who in his evidence claimed to have distinctly remembered Adnan inviting all those present to attend the ceremony using exactly those same words.

    Lester was however up to it and began by asking Adnan what the exact procedure was in conjunction to the swearing-in ceremony of a new CM. Adnan replied that there should be witnesses to this ceremony and protocol demands that a Judge, the State Secretary and the State Attorney be present at the ceremony in the witnesses area, which in fact was unoccupied owing to the fact that the ceremony was “faked” to get rid of Harris, Mustapha and their “wild” supporters. Additionally, he did not wear any songkok to the ceremony attesting to his claim that the ceremony was a fake one. Adnan also told the court that he was supposed to wear three songkoks and to read the “Doa Selamat” after the ceremony, which he did not.

    Good rebuttal? Kidwell’s was even better and all he had to do was to show a videotape of Pairin’s swearing-in ceremony which showed that there were once again no witnesses at the area reserved for them (Hamid Egoh, Nicholas Fung, Victor Lim and Charles Ho were seated at the guests area) and that Adnan was not wearing a songkok, let alone three, and did not read the “Doa Selamat” after the ceremony. Earlier Adnan had answered Kidwell’s questioning of the songkok by stating that as far as he can remember, he did wear a songkok at Pairin’s swearing-in ceremony. Moral of the story so far, don’t lie in court. If you think that you are so clever that you can get away with a lie, remember that the blood-sucking no-good “sell their mother in a half a second” lawyers are far cleverer (and bloody sneaky and cunning to boot), especially those cocky Etonian-accented snobbish (but rich) English QCs.

    Getting back to the story, it was therefore blatantly obvious (except to the blind) that Adnan’s concoction of what is suppose to pass as evidence was a flagrant fabrication put forward explicitly to give credence to his claim that the ceremony for Mustapha was a fake while that for Pairin was genuine.

    On the question of duress, Adnan told the court that Yahya had given him a piece of paper threatening to remove him from “the face of the earth” if he did not go ahead with the ceremony to swear-in Mustapha. He persistently maintained that he had thus been placed in constant fear of USNO supporters intending to kill him. To this Kidwell (must be having fun) once again demolished Adnan’s testimony. (Lester must have been cringing every time Adnan opened his mouth.) The barrage of questioning got so bad that Adnan had to resort to “I don’t remember” and “I don’t know” to get through it. (Now we know who the “gua tak tahu(s)” learnt it from.) To shorten it, Adnan had to admit that he did not fully understand what was written on the piece of paper and that if he did, he would have informed Justice Ho and Hamid Egoh about the threat as written on the paper.

    When Adnan was questioned whether he obtained the “green light from KL” before or after Justice Charles Ho arrived and before or after he got the note from Yahya, Adnan confidently said that he asked about the green light only after receiving the note from Yahya. Kidwell once again asked Adnan if he was certain about this, to which the answer was “Yes, I remember.” Kidwell proceeded to exhibit Adnan’s previous evidence and statement of defense whereby he attested that the piece of paper was given to him before Justice Ho’s arrival. Now, how was he going to tell Justice Ho (about the threat even if he understood it) when the jurist has not arrived? (in Semi-Value’s case, he would have uttered “Gua Tak Tahu”.)

    When Adnan was asked about Datuk Musa’s broadcast, he vehemently denied hearing or reading a statement of it because he “did not know that there was a broadcast by Datuk Musa regarding the appointment of Tun Mustapha.” Even after Adnan’s counsel had intervened and conceded that Hamid Egoh did in fact pass a copy of the broadcast to Adnan, he stubbornly persisted in his delusions that he had not known anything about Musa’s statements. However, as the evidence started to mount against him, Adnan finally admitted that he had seen the copy of the broadcast but had not been duly concerned of its contents.

    From the court proceedings, it was painfully evident to everyone and anyone attending the trial that Adnan had perjured himself in court with contradictions (of himself) and of events that had happened. Could this one man be correct whilst the rest of the witnesses were all wrong? Well, someone believed him and that someone was High Court Justice Datuk Tan, and that was all that really mattered, stating in his judgment that, “At the outset, I would state that I find these (defense) witnesses to be entirely honest, impartial and independent witnesses, who gave their respective evidence clearly and honestly. I accept them without any hesitation as witnesses of truth; and I accept their evidence. I have reached this conclusion from observing their demeanor in court while giving evidence, and after weighing their evidence against the rest of the evidence, particularly the evidence of the plaintiff’s witnesses Haji Mandalam bin Marziman, Constable Mohd Yunus bin Mohd Yasin and Constable Ali Hassan Muyong.” (What the…)

    In other words, what the learned Judge was saying in his God-know-how-many-pages judgment is that he believed Tun Adnan 100% (regardless if he contradicted himself most of the time) and he believed the rest of the other witnesses (who contradicted Adnan) 0%. With this judgment (which was not released until April the 15th, 1986), Pairin was therefore the legal CM of Sabah. End of story. (Sounds like the Perak Fiasco case, right?)

    Well, almost the end of the story. The moral of it all is what the Federal Government wants, not what Adnan, Harris, Pairin, Mustapha or even Justice Tan wanted. Sure as Hell it didn’t care what the people wanted (even though it might have been exactly what the Sabahans wanted).

    On 23 February 1986, when Pairin was in KL to attend the Rulers’ Conference, he was asked by the Press of his opinion with regards to the rumors that a few PBS politicians were intending to quit the party. So confident was he of his powers that he condescendingly brushed aside the matter as mere rumors and speculations.

    On 24 February 1986, Francis Liong (Asst. Minister for Agriculture and Fisheries) announced that he and 5 other MPs (Haji Adut Sigoh, Thomas Anggan, Wences Lojinga, Bernard Chin and Ignatius Malanjum) were quitting PBS. The 6 has earlier written to the Speaker asking him to ignore the pre-sign letters of resignation which might be submitted by PBS in the event that they quit the party. The 10-month old PBS State Government is now left with only 22 elected MPs. (The initial 26 elected MPs were appended with 5 frogs from USNO/Berjaya making it 31 in total until the fateful day in the Assembly when Pairin had to withdraw his Constitutional Amendment Bill due to the fact that 2 of the 5 frogs went missing, and the by-election which they won 2 and lost 2.) The crisis intensified when rumors surfaced that all the Chinese MPs might leave PBS to form their own party (Parti Cina Sabah).

    The PBS people were able to locate Wences and Haji Adut in KL and after some hard bargaining, was able to get them to withdraw their pledge to leave PBS. That made the total 24 plus 6 in the 54 seat Assembly, too close for comfort considering the fact that Sabah politics revolves around these frogs. A few more jumpers and that would be the end for PBS. (The former Pakatan state government of Perak should have learnt from Pairin.) His decision was to seek a new mandate from the people (before other PBS MPs could jump) and this he made certain of when he obtained an undated pre-signed (by Adnan) declaration of dissolution of the Legislative Assembly. However, Adnan was still in KL so Pairin had to backdate it to the 24th (the day Adnan left KK for KL). Pairin immediately called a press conference at 5pm at his office and announced that “rather than hang on to a weakened government under siege, the PBS has decided to go back to the people to get a clear mandate as to who should rule. The Legislative Assembly is dissolved effective today (February 26th) although the declaration was signed by the Yang di-Pertua Negeri on the February 24th.” It was also his chance to get rid of the turncoat Speaker.

    Abdul Salleh Ghapur (former Merotai MP) filed a writ on March 1st at the KK High Court seeking to declare that the dissolution was null and void in view of the outstanding Mustapha writ. He also sought an interim injunction against the EC from conducting a general election in Sabah. The EC which met on 3rd March was only too obliging (for whatever reasons that they have) and cited administrative problems and a lack of funds (Ha! Ha!) to hold such an election at this juncture of time, henceforth deferring the decision (probably until they have received instructions from the Federal Government). The newly formed PCS did not want to be left out and started their propaganda machinery. They announced that they will contest in 9 Chinese dominated constituencies at the polls. Meanwhile everybody was holding their breath awaiting the High Court ruling, due on 12th March.

    Would the 12th March ruling be the end of the story? Not bloody likely! Look at it this way, if new elections were held, the Mustapha writ would have been inconsequential owing to the fact a new CM would emerge from the polls, regardless if it was Pairin, Mustapha, Harris, Bob the Builder or Optimus Prime. One, Mustapha would be implicated in the “Palace Coup”. (Chinese idiom – “Water wash also not clean”) Two, Pairin would have been the undeclared victor as it was his dissolution (as CM) that would spark a new round of elections.

    At 8am on the 12th of March 1986, a crowd was already building up at the KK High Court compound. Some estimate it at about 2,000 people (predominantly USNO supporters) awaiting the verdict in the hot sun. The first bomb exploded at 8.45am behind the Public Finance building. 5 more explosions occurred almost simultaneously at the Segama Complex (again), the Central Market, the Sinsurun Complex, the Jalan Tugu Shell station and the Jalan Pantai Esso station. Then the panic started. Everyone started to leave the capital at the same time and causing a massive traffic jam. Just as everyone started to calm down a bit, the 7th bomb exploded at the Jalan Haji Yaakub petrol station at almost 10am. Once again the panic started in earnest.

    Meanwhile, the crowd at the High Court compound soon realized that the court wasn’t about to hasten the court proceedings just to impress them, and finding nothing better to do (after the initial excitement of the bomb blasts), they began to march off to Mustapha’s residence (at Tanjong Aru) in a show of support for the USNO leader (which was pointless since Mustapha was in KL).

    In Sandakan, almost 3,000 USNO supporters marched through the main street shouting out anti-government slogans. 21 persons were detained by the police. In Tawau, 18 shops were burnt down by arsonists which resulted in 2 deaths.

    In KL, Mahathir said that the PDRM would ensure the safety of the people and that the IGP was personally flying to Sabah to access the situation there.

    In KK, USNO and Berjaya filed a petition to the PM, asking him to intervene and to help resolve the state’s political impasse. PBS appealed for calm and said that the situation was under control. Everything seemed normal approaching evening time.

    The next morning, Muslims found painted crosses desecrating the walls of the State Mosque. The Muslim leaders urged the Federal Government to step in before the situation worsened. Over 1,000 Muslims gathered at the State Mosque to protest PBS’s violation of their mosque. Pairin denied that it was the work of PBS and put the blame on irresponsible elements. USNO started to put out a list of 15 reasons branding PBS as anti-Islam. (Here we go again…)

    On March 17th, the KK High Court rejected Ghapur’s application. Some 5,000 USNO supporters who were gathered at the court began marching to the State Mosque. As with any large group of people, things soon got rowdy. The police arrested 77 and questioned over 1,000 people. 5 bombs rocked Sandakan the next day.

    On March 19th, some 2,000 Muslim protestors marching to the State Mosque had their first confrontation with the police. After repeatedly warning the protestors to disperse (which they did not), the police fired teargas at them. The situation became chaotic when a group of protestors began to burn cars and a few warehouses located nearby. This forced the riot police to charge them and they soon discovered the torches that were used to light the fires (amongst the demonstrators). When the arsonists and rioters began to flee, the riot police opened fire on them killing 6. For the first time in Sabahan history, a dusk to dawn curfew was imposed as more and more police were called into the city to patrol the streets. The arriving IGP appealed to Mustapha to use his influence to call off the demonstrations.

    The last demonstration was held on March 23rd, led by Harris, Hamid Mustapha (Tun Mustapha’s son) and other USNO members. They were however stopped by the police and were asked to disperse. Once again the marchers refused this order and teargas was used on them. The police booked 322 people for illegal procession.

    USNO again petitioned the Federal Government to intervene but Mahathir was not biting. His famous words of BN swimming or sinking with Berjaya kept him from doing so and it was also these proud words that have kept him from approving PBS’s application to join BN. Mustapha and USNO was also no friend of Mahathir. The Federal Government was going to intercede only on his terms, at a time of his choice and in a manner of his liking.

    The next day, Mahathir finally came up with a “peace formula” and that is an ultimatum to PBS that they form a coalition party with Berjaya and USNO or face federal emergency rule. Mahathir stayed in KK for only 6 hours before flying back to KL. Ghaffar Baba tagged along as the Chief Negotiator. USNO (16 seats) welcomed the “peace formula” as they would be part of the state government. Berjaya (3 seats only) welcomed the “peace formula” as they would be part of the state government. PBS (26 + 6 seats) was covertly against the “peace formula” as they would now have to share power with their political opponents, but overtly portray that they were “keen” on it as well for the sake of security. Moral of story so far, never trust a politician.

    Mahathir then announced to the press that he was confident that the crisis in Sabah would be resolved in view of the general acceptance of the (his) formula by the three political parties. Mahathir also said that it was now merely a matter of sorting out the details between the three parties before a coalition government is announced. He had in fact given the three party leaders a mere two days to set up the meeting. BTW, one of the proposals of this formula is that there will be no fresh elections (Pairin will have to withdraw the declaration of dissolution) and that the parties “maintain their respective number of representatives in the Assembly” and another proposal is for Mustapha to withdraw his writ from the KK High Court.

    With the impending dateline in mind, the USNO and Berjaya leaders rushed to KL to set up a meeting with Ghaffar, hoping to iron out these details before the situation in Sabah worsen. On D-Day, the PBS leader has yet to turn up at KL. Pairin instead sent his deputy, Mark Koding as the representative, pleading illness and that his doctors had ordered him to take a complete rest. Not surprisingly, Koding failed to meet up with Mahathir.

    While Koding was in KL, the massive propaganda machinery of PBS started working. A signature campaign to reject the Peace Formula was soon started (not by PBS) by a group of people who called themselves “The Voice of the People of Sabah”. Not surprisingly, they were almost all PBS supporters. Secondly, PBS has started their reelection committee and was actively campaigning. This delay in the negotiation process (Koding might be the rep but he had to clear everything with Pairin) paid off handsomely as the Federal Attorney General Abu Talib somehow managed to convince Mahathir that fresh elections in Sabah is mandatory after the declaration of dissolution has been signed and ratified as the constitution does not provide for the CM or Governor to withdraw it once it has been officially declared. Moreover, the KK High Court has ruled against an injunction to nullify the declaration of dissolution.

    So, while the leaders of both USNO and Berjaya were in KL, hoping that an accord can be established to form a coalition government, PBS was already ahead of the game. Even though Pairin had chosen to publicly embarrass Mahathir, the PBS leader was not brave enough to think that he could get away with it and hence his trip to KL (this time his doctors failed to order him to take a rest) to meet Mahathir to discuss his counter proposals. Naturally, Mahathir pointedly refused to see him. Pairin however managed to meet Ghaffar who accepted these counter proposals without discussing them. One of these proposals is that PBS would only entertain the formation of a coalition government after fresh elections in Sabah has been conducted.

    The question is why Pairin would only consider the formation of a coalition government after fresh elections and not before it. The answers are quite obvious. One, if a coalition government was formed without fresh elections, PBS’s representation would only number 26 (as the 6 appointed MPs would be neutralized). Two, Pairin could not get rid of the troublesome Speaker. Three, the majority of Sabahans were anti-USNO and anti-Berjaya after the bomb explosions and the violent demonstrations. Four, Adnan was on his side. Five, the KK OCPD, Supt Victor Lim was on his side. Six, the withdrawal of the writ would not clear him of any wrongdoings, and seven, he revealed a plot by USNO and Berjaya to oust him as CM and to topple the PBS government by producing a transcript of a telephone conversation between Majid Khan (Berjaya’s elections director) and Yaacob Marican (USNO legal team member). Additionally, there were rumors circulating within the Sabah judiciary that Mustapha had lost his writ at the KK High Court.

    Pairin also knew for a fact (or was extremely confident) that all the Chinese and Kadazan seats were theirs. Their election strategy was hence centered on the Muslim-majority constituencies. When the EC belatedly announced on April 3rd that the Sabah state elections will be held on May 5th and 6th (subjected to the Mustapha writ), PBS was already well prepared for it.

    Pairin can be considered a shrewd, wily, cunning and ruthless man but one cannot call him stupid. Maybe reckless, but never stupid. Far from it, Pairin matched Mahathir in all aspects even to the fact that he can publicly humiliate the PM and get away with it.

    With the election date announced and with a strategic plan to make inroads into the Malay vote, Pairin knew that he would have to count heavily on the “sympathy votes” from the Muslim community as his pro-Kadazan stance would be detrimental in such a situation. To garner sufficient votes to topple the USNO MPs in the Malay strongholds, he resorted once again to the politics of expediency, an anti-Federal Government stance (since USNO and Berjaya are portrayed as pro-Federal Govt). Thus Pairin announced on April 9th that PBS has decided to withdraw its application to join BN.

    BN countered this move by revealing that the “Peace Formula” was in actuality part Pairin’s plan and it was the PBS leader that had suggested most of the major elements including the expansion (to 14) and composition of the State Cabinet, the inclusion of both PBS and USNO into BN, the use of the BN logo in the elections and the power sharing scheme of the proposed coalition government (PBS-28 seats, USNO-16 seats and Berjaya-4 seats).

    Pairin denied it all and said that Ghaffar had in fact misunderstood him.

    On April 15, Justice Datuk Tan delivered his judgment confirming Pairin as the rightful CM. Justice Tan also lambasted those who were involved in the Mustapha swearing-in ceremony. Mustapha’s legal counsel, Kidwell QC was so disgusted with the judgment that he left Sabah the same evening.

    Nomination Day on April 19th proved to be quite a day when USNO leader Mustapha and his protégé Yahya shocked their supporters by declaring that they would not contest the elections. This was the USNO strategy to wrestle the Chinese votes from PBS as both Mustapha and Yahya were hated by the Chinese people in Sabah. Worse still, Mustapha flatly refused to campaign for USNO (he thought that his presence would inflame the Chinese). Rumors began circulating that Mustapha was in fact acting on KL orders as part of a grand strategy to topple PBS. Mustapha soon left Sabah on trips to Sydney and London purportedly seeking medical treatments. Hamid tried in vain to convince his father to make token appearances. In fact Hamid have to leave Sabah chasing after his father (which was rather foolish) to convince him to return that he himself was missing from Sabah. Hamid himself did not even start to campaign in his own constituency until the final few days before Election Day. USNO was so short of funds that the candidates had to forego “ceramahs” and instead go on a house-to-house campaign to secure the votes. Political funds contributions were far and few in between.

    Berjaya was on a totally different tact. Their strategy was to “steal” their coalition partners’ (USNO, PCS and PMS) votes and appending them to their own votes and hoping that the accumulation would be sufficient to tackle the PBS candidates. They henceforth went all out to promote their own candidates only. This double-dealing soon caused problems for their group of volunteers as USNO and Berjaya’s supporters and workers refused to cooperate and work with each other. Berjaya’s elections funds were also scarce as Sabahans refused to make donations to a party that was considered a loser. Even the Federal Government did not contribute much to the party (everybody recognizes a loser).

    PBS had no such problems. One, its war chest was filled to the brim and over flowing from donations by the Sabahan business community (everybody recognizes a winner). Two, they were extremely confident of obtaining the majority of the urban votes and three, because they were so confident in winning the 28 Chinese and Kadazan seats, these were left to the respective PBS candidates to do as they wish (and with more than sufficient funds to do it). The top PBS hierarchy only concentrated their efforts on the remaining 20 Malay-majority pro-USNO constituencies. Berjaya had tried before and failed miserably, how was PBS capable then?

    In a long term strategy initiated by PBS after Pairin was sworn-in, the party had begun (more than a year ago) to move non-Muslim voters into these areas by giving them low cost flats built here. Business districts were also established in these areas as part of their alleged campaign to appease and enrich the Muslims but were in fact to attract the Chinese businessmen to setup shop here and hence settling here as well. New housing projects were also concentrated in these areas. In the diehard USNO areas, PBS fielded recently recruited well-known Malay candidates and former USNO frogs. In other “cannot win” areas, PBS fielded other “independent” Malay-Muslim candidates to split the vote. Moral of story so far, if you cannot win a contest, make it doubly hard for your opponents to win it.

    Furthermore, PBS started screening (and distributing) tapes of the recent Muslim demonstrations, the clashes with the police, the illegal processions, the effects of the bombings, the fires, and scenes of crowds outside the High Court chanting anti-PBS slogans.

    The results? USNO’s strategy of not fielding Mustapha and Yahya backfired. Berjaya’s strategy of going alone backfired. PBS won 34 contested seats (almost 71%), USNO won 12 seats (from 16 in 1985), Berjaya won 1 seat (from 6 in 1985) and PCBS won 1 seat. PBS was to win the following 1990 State elections (36 seats) and the 1994 State elections (25 seats) making them the first ever 4-term Sabahan state government.

    However Mahathir got the last laugh as BN managed to wrestle (cheat?) the state government from PBS in 1994 after enticing enough of PBS MPs to crossover. Pairin lasted less than two weeks as CM before he resigned his position on the 17th of March 1994. (The Perak Fiasco was therefore NOT THE FIRST TIME a democratically elected state government had lost power after a general election due to party hopping by dishonourable Assemblymen.)

    Moral of story: “Go think about it!”

  • 1994 Sabah UMNO Invasion

    The dilution of the Christians in Sabah

    Thursday, 14 October 2010, Malaysia Today

    The ISA is not actually used to prevent crime, as what the government says. It is used to hide secrets of government wrongdoing. And in the matter of the government issuing identity cards to Muslim immigrants so that the non-Muslim voter population can be diluted, this is definitely something that the government would like to hide.

    THE CORRIDORS OF POWER, Raja Petra Kamarudin

    Many probably did not take too much interest in the story about seven Immigration Department officers being detained under the Internal Security Act (ISA). You can read The Star and Bernama news items below.

    Many also probably did not realise that this is the second time that Immigration Department officers, plus National Registration Department officers (the state director included), are being detained under the ISA.

    The first round of detentions was some years ago, soon after PBS was ousted from Sabah and Barisan Nasional took over the state. Now we are seeing a second round of detentions.

    SAPP, in fact, raised this matter back in 2008 in an article called Sabah population increases by 285%, whilst Malaysia’s population increases by only 113% – something is very wrong…

    This was what they said about the matter:

    The discrepancies in the population increase between 1970 to 2000 in Sabah, Sarawak and Malaysia: 10,439,430 to 22,202,614 or up by 113 percent in Malaysia; 976,269 to 2,012,616 or up by 106 percent in Sarawak; and 636,431 to 2,449,389 or up by 285 percent in Sabah.

    Read more here: http://www.sapp.org.my/misc/news/081006_Mykad.htm

    Other articles on the same issue can be read here:

    600,000 MyKad di bawah ‘Projek M’ di Sabah

    Project IC

    Now, why was the first group of Immigration Department and National Registration Department officers detained under ISA some years ago? According to what they personally told me when I met them three or four years ago — after they were released from detention — they were not running a rogue operation. It was a ‘legitimate’ exercise. The only thing is the ‘operations centre’ was not in the National Registration Department office but in an ‘underground’ office in Kampong Pandan in Kuala Lumpur.

    If this was not a rogue operation, and if it was legal, why the need to operate outside a government office and instead operate from an underground office in Kampong Pandan? The reason, according to these officers, was so that no one would know about it.

    The target was to ‘import’ Filipino Muslims into Sabah and issue them with Malaysian identity cards. Some say as many as 600,000 were brought in. Others say it was one million. And some estimates put it at 1.5 million.

    Nevertheless, whether it was 600,000 or 1 million or 1.5 million, the numbers are very large indeed.

    Now, what I want to talk about is not the numbers. What I want to talk about is that if these officers from the Immigration Department and National Registration Department were actually running a rogue operation and if they had committed a crime (and since they were detained under the ISA then surely it is because there is evidence they have committed a crime or else how can the government detain them?) why not just charge them in court?

    The reason they can’t be charged in court is because the government does not want anything being revealed during a trial. Under ISA detention there is no trial so nothing comes out. In a trial everything will be revealed.

    The government needs to avoid a trial because in a trial it would be revealed that these officers were merely doing what they had been ordered to do — that is, issue identity cards to immigrants. So they need to instead be detained under ISA to hide the truth.

    A lot has been written and said about this issue, which is now infamously known as ‘PROJEK M’. It was a project to dilute the Christian population of Sabah by flooding Sabah with Muslim immigrants who would be issued with Malaysian identity cards.

    And once they are the owners of Malaysian identity cards they can vote in the elections. And once there are more Muslim voters than Christian voters, the PBS ‘Christian’ government can be brought down. And this did happen, as we all now know.

    The sad thing is PBS went and joined Barisan Nasional after they were kicked out of the state. These guys must have their brains up their arseholes. Did I not say that all politicians are slime-balls and scumbags?

    The ISA is not actually used to prevent crime, as what the government says. It is used to hide secrets of government wrongdoing. And in the matter of the government issuing identity cards to Muslim immigrants so that the non-Muslim voter population can be diluted, this is definitely something that the government would like to hide.

    I think I will go join the anti-ISA demonstration in London on Saturday, 30 October 2010. The ISA is not only being abused. It is being used to reduce the non-Muslim population so that Umno can practically rule forever.

    And now the influx of immigrants into Sabah has created a huge social problem. The crime rate and drug problem are extremely high in Sabah. So are the homeless and abandoned children on the streets. Sabah, which was once a paradise, has been turned into a living hell.

    And all because Umno wants to make sure that there are more Muslim voters than non-Muslim voters.

    What the fuck is the ‘Christian’ PBS doing in Barisan Nasional? Their leaders should all be lined up against the wall and shot. And the belacan-brain Malay officers who collaborate with Umno in issuing these identity cards end up under detention without trial instead of getting awards and titles.

    Sama-sama bodoh macam orang PBS.

    ******************************************

    7 immigration officers detained under ISA

    (The Star) – Seven Immi­gration Department officers and two foreigners have been detained under the Internal Security Act (ISA) for alleged involvement in human trafficking.

    Inspector-General of Police Tan Sri Ismail Omar said all nine were arrested at different locations between Sunday and Tuesday.

    However, Ismail refused to reveal more information on the detention and identity of the suspects.

    “The arrests will enable us to investigate the syndicate’s activities,” he told reporters yesterday.

    Ismail said if no stern action had been taken, the situation could have posed a threat to national and regional security. “Irresponsible parties might take the opportunity to get involved in criminal activities such as terrorism, firearms and drugs smuggling.”

    Ismail said police were also making efforts to ensure Malaysia was not used as a transit point by foreigners for their criminal activities.

    On Oct 4, the Malaysian Anti-Corruption Commission (MACC) arrested five Immigration De­­partment officers for allegedly allowing foreigners without proper travel documents into the country.

    They were arrested at Pulau Ketam Jetty and in various places in Klang.

    Two other officers were also arrested in Port Dickson for allegedly receiving bribes and permitting the unlawful entry of foreigners.

    The authorities also arrested several runners for syndicates linked to the officers. The MACC also found almost RM100,000 on the officers and the runners.

    ******************************************

    Pegawai Imigresen sekongkol sindiket berbahaya

    (Bernama) – Tujuh pegawai imigresen termasuk seorang berpangkat Timbalan Penolong Pengarah yang ditahan mengikut Akta Keselamatan Dalam Negeri (ISA) kerana bersekongkol dengan ketua-ketua sindiket yang sangat berbahaya serta boleh memudaratkan keselamatan negara, kata Menteri Keselamatan Dalam Negeri, Datuk Seri Hishammuddin Tun Hussein.

    Beliau berkata, penglibatan mereka bukan hanya melibakatkan penyeludupan manusia melalui pintu masuk utama tetapi juga terdedah kepada pelbagai jenayah serius lain seperti aktiviti pengganas, penyeludupan senjata api, dadah dan penyuluhan (pengintipan).

    “Mereka telah dipantau lama oleh polis, dan penglibatan mereka dengan ketua-ketua sindiket ini sangat berbahaya dan serius.

    “Saya memandang berat kes-kes penyeludupan ini kerana melibatkan soal keselamatan di pintu masuk negara sekali gus menjejaskan nama baik negara dan turut menimbulkan ancaman kepada keselamatan di rantau ini,” katanya di sini hari ini.

    Beliau berkata demikian ketika diminta mengulas penahanan tujuh pegawai imigresen itu dan dua warga asing mengikut ISA dalam operasi besar-besaran selama tiga hari bermula Ahad lepas.

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