O
n Aug 11 police report filed by PKA chairman Datuk Lee Hwa Beng, stated irregularities in notices of payment amounting to RM657 million based on findings of a special task force set up to identify weaknesses in the RM4.6 billion PKFZ project. Pic from left: Siong (CEO), Faizal Abdullah (Deputy) and Lee (PKA chairman).
Possible Conspiracy among five parties in connection with PKFZ scandal exists.
In his MACC report lodged on August 27 2009, Lee, the newly appointed PKA/LPK chairman, claimed there was an additional amount of RM720 million in unsubstantiated claims, bringing the total to RM1.4 billion in 'possible conspiracy'.
Polis Beku Beberapa Akaun Milik Kuala Dimensi, Kata Musa
PETALING JAYA, 4 Sept (Bernama) -- Polis telah membekukan akaun syarikat Kuala Dimensi Sdn Bhd (KDSB) dalam membantu siasatan berhubung kegagalan projek Zon Bebas Pelabuhan Klang (PKFZ).
Ketua Polis Negara Tan Sri Musa Hassan berkata beberapa akaun syarikat pemaju projek itu dibekukan kerana dianggap menjadi satu fakta siasatan.
"Siasatan masih dijalankan jadi saya tidak boleh memberi (komen) lebih lanjut lagi," katanya kepada pemberita selepas menyerahkan bungkusan kuih raya untuk diserahkan kepada anggota polis yang bertugas semasa musim Hari Raya di Subang Jaya, dekat sini, pada hari Jumaat.
Musa bagaimanapun enggan mengulas lanjut mengenai perkara itu.
KDSB menjadi perhatian dalam kegagalan projek itu selepas syarikat itu didakwa mengenakan caj berlebihan terhadap Lembaga Pelabuhan Klang (LPK) sehingga menyebabkan projek berkenaan menanggung kerugian.
Sementara itu, Timbalan Ketua Pegawai Eksekutif KDSB Datuk Faizal Abdullah dalam kenyataan hari ini mengesahkan bahawa beberapa akaun syarikat telah dibekukan.
"Akaun-akaun itu dibekukan sejak petang semalam. Kami anggap ini sebagai sebahagian daripada proses siasatan dan kami memberi kerjasama penuh kepada polis," katanya.
Faizal berkata KDSB sedang mendapatkan nasihat mengenai kesahihan perintah pembekuan akaun syarikat itu.
Kos keseluruhan projek PKFZ di tapak seluas 405 hektar di Pelabuhan Klang telah menimbulkan pelbagai tanda tanya selepas kos pembangunan projek telah melonjak dari RM2.5 bilion kepada RM4.6 bilion.
Berikutan pendedahan skandal itu, Suruhanjaya Pencegahan Rasuah Malaysia (SPRM), Polis dan Jawatankuasa Kira-Kira Wang Negara (PAC) sedang menjalankan siasatan.
-BERNAMA
Police freeze accounts of KDSB
PETALING JAYA (Sept 4, 2009): Police have frozen several bank accounts belonging to Port Klang Free Zone (PKFZ) turnkey developer Kuala Dimensi Sdn Bhd (KDSB) as part of an investigation into a Port Klang Authority report filed on Aug 11.
In a brief press statement this afternoon, KDSB deputy CEO Datuk Faizal Abdullah confirmed that several accounts had been frozen late yesterday afternoon.
"We regard this as part of the investigation process and we are giving our fullest cooperation to the police," Faizal said.
He also said KDSB is taking advice on the legality of the freezing orders.
Faizal, however, added that KDSB was "very disturbed" by news published in an online portal which revealed detailed and confidential information contained in the freeze order.
The report said that more than RM140 million in the account of the company was frozen, and that Inspector-General of Police Tan Sri Musa Hassan had briefed Prime Minister Datuk Seri Najib Abdul Razak on the matter.
In the Aug 11 police report filed by PKA chairman Datuk Lee Hwa Beng, Lee claimed irregularities in notices of payment amounting to RM657 million based on findings of a special task force set up to identify weaknesses in the RM4.6 billion PKFZ project that the PKA cannot afford.
On Aug 27, Lee also lodged a report with the Malaysian Anti-Corruption Commission (MACC) claiming possible conspiracy among five parties in connection with PKFZ scandal. In his report, Lee claimed there was an additional amount of RM720 million in unsubstantiated claims, bringing the total to RM1.4 billion in 'possible conspiracy'.
Lee's report named Kuala Dimensi Sdn Bhd, its CEO Datuk Seri Tiong King Sing, former PKA general manager Datin Paduka O.C. Phang, BTA Architect and the consultant for development work Bernard Tan Seng Swee.
Over in Putrajaya, Transport Minister Datuk Seri Ong Tee Keat and the Port Klang Free Zone (PKFZ) Special Task Force briefed Najib in an hour-long meeting which started at 11am at the Prime Minister’s Office (PMO) today.
The task force, established on June 10, is headed by senior lawyer Vinayak Pradhan from Skrine and Co, assisted by company partner Lim Chee Wee, Pricewaterhouse Coopers Advisory Services (PwCAS) managing director Chin Kwai Fatt and PwCAS senior executive director Lim San Peen.
Ong did not stop to talk to reporters who were waiting at the entrance of the PMO building.
Earlier, at the Malaysian Anti-Corruption Commission (MACC) where Ong was questioned for the second consecutive day over the PKFZ and an alleagation of a RM10 million gift from Tiong, Ong confirmed the briefing, saying: "I have said before that whatever findings of the task force’s investigations will definitely be communicated to the relevant groups, including the Prime Minister."
Ong was at the MACC headquarters at 8.30am before going to the PM's Office. He was at the MACC office yesterday to have his statement taken. "The session yesterday had to be postponed as I had to rush to Kelantan," he said.
He added that the MACC had also taken his statement pertaining to the claim that he received RM10 million from Bintulu Member of Parliament Tiong.
Tim Leonard and Husna Yusop/SUN2SURF
SHOULD PASSPORTS OF KDSB CEO AND ITS DEPUTY BE SURRENDERD TO PDRM?
LPK BUAT LAPORAN POLIS KUALA DIMENSI SELEWENG WANG
Kuala Dimensi Minta Orang Ramai Usah Buat Kesimpulan Isu PKFZ KUALA LUMPUR, 10 Ogos (Bernama) -- Kuala Dimensi Sdn Bhd, pemaju siap guna Zon Bebas Pelabuhan Klang (PKPZ), merayu kepada orang ramai supaya tidak membuat kesimpulan sendiri tentang isu PKFZ.
Pengerusi LPK Datuk Lee Hwa Beng berkata laporan itu dibuat susulan pengeluaran laporan pasukan tugas khas hari ini yang mengenal pasti dakwaan selisih antara RM500 juta dan RM1 bilion.
Foto kanan CEO KDSB Datuk Seri Tiong King Sing dan foto kiri ialah Datuk Faizal Abdullah, Timbalan Ketua Eksekutif.
Lee dipetik sebagai berkata lembaga akan bermesyuarat sekali lagi minggu depan bagi menangani butir-butir terperinci laporan itu dan memutuskan tindakan selanjutnya termasuk kemungkinan tindakan terhadap dakwaan sekurang-kurangnya enam salah urus PKFZ oleh bekas-bekas pengarah LPK. Sila lihat laporan dari sun2surf.
*PKA to lodge police report against PKFZ contractor-sun2surf
*Kuala Dimensi Minta Orang Ramai Usah Buat Kesimpulan Isu PKFZ- bernama
PKA to lodge police report against PKFZ contractor
PUTRAJAYA (Aug 10, 2009) : The Port Klang Authority (PKA) is lodging police report tomorrow against the Port Klang Free Zone (PKFZ) turnkey developer Kuala Dimensi Sdn Bhd (KDSB) over alleged irregularities of up to RM1 billion.
Foto Lee Hwa Beng (left) handing over a set of the PKFZ special task force report to Ong Tee Keat on Monday afternoon.PKA chairman Datuk Lee Hwa Beng is lodging the police report on behalf of the authority at 11am in the Klang police station.
Lee said the report was being lodged following the release of the special task force report today which identified alleged discrepancies of between RM500 million and RM1 billion.
"We (the board) received the report this morning and immediately agreed that a police report should be lodged against KDSB over the irregularities. We have also instructed our lawyers to study and consider legal action against KDSB and other relevant parties.
"Our lawyers will henceforth deal with KDSB chief executive officer Datuk Seri Tiong King Sing and his deputy CEO Datuk Faizal Abdullah," he said.
Lee said the board would meet again next week to deal with the details in the report and decide further actions, including possible action against alleged mismanagement of PKFZ by ex-PKA directors.
In a statement, he said the board had met yesterday morning to deliberate on the report to look into legal and financial aspects of PKA and PKFZ following the audit report by PricewaterhouseCoopers.
"We have deliberated on the instances of possible serious irregular claims, negligence, wrongdoings and other irregularities identified as well as the issue of the unenforceability of certain agreements or parts thereof," he said.
The alleged irregularities include:
1.Evidence to show KDSB had possibly made seriously irregular claims under the Development Agreement (DA), in particular, for the electrical infrastructure of the 33kv system worth RM55.8 million which had yet to be carried out on site, 33kv supply works and the civil infrastructure to the main intake station works worth RM83 million as Tenaga Nasional Bhd had rejected the proposal for KDSB to undertake the works;
2. In respect of claims for preliminaries of at least RM231 million under the DA, KDSB has not provided any documents to support the cost incurred as preliminaries. KDSB should prove that each item in the breakdown preliminaries was necessary and properly incurred before it is entitled to make claims for it. KDSB has also made claims for items which they are not contractually entitled to, for instance, claim for the procurement of a performance bonds and payment for insurance premiums, both totaling RM5 million;
3.In respect of KDSB's claims for variation works of RM62 million under Additional Development Works and New Additional Development Works, there appears to be no basis for these claims and KDSB should justify this;
4.There appears to be an over-claim for the hotel works, wherein KDSB had claimed RM69.9 million compared to quantity survey consortium, QS4's valuation of RM44.7 million;
5. In respect of claims for professional fees under DA3, KDSB is only entitled to actual fee and expenses incurred. KDSB has not produced any invoices and payment vouchers for RM121.6 million of the fees allegedly incurred. In any event, the sum claimed by KDSB appears to be on the high side given the value and nature of the project;
6. KDSB may not be entitiled to an extra claim RM254.9 million under DA3 because the purported revised works fell within the original scope of the works envisaged under Land Agreement 1 and not DA3 under which it is claimed.
Lee said the board has also decided that the quantity surveyors in the task force continue to remeasure the value of the works performed by KDSB to establish the real sum owing to the main developer.
"Presently, they have already identified a difference of at least RM93 million between the claims made by KDSB and their measurements.
"We believe that there will be further differences in the re-measurement exercise," said Lee.
In June, the task force under the leadership of Skrine senior lawyer Vinayak Pradhan was formed together with a corporate governance committee and an executive committee to produce the recommendations to rectify problems in PKFZ.
Transport Minister Datuk Seri Ong Tee Keat, who was also present in the press conference with Lee, said: "I view with concern the various issues that have been identified by the special task force and brought to the attention of PKA members.
"Among the matters deliberated in the meeting in which the board has agreed is to consider further action over the serious irregularities, including serious irregular claims for payment, negligence, wrongdoings and other irregularities.
"Certain agreements and parts of others were also viewed to be unenforceable," he said.
Ong said his instruction to PKA is to do what is necessary and right in the exercise of their duties on the findings and recommendations of the report and if appropriate, the necessary legal action should be take
===================================================================
Ini memandangkan syarikat itu tidak diberikan peluang untuk menyangkal dakwaan atau mempertahankan diri terhadap hasil penyiasatan Pasukan Petugas Khas yang ditubuhkan bagi menyiasat aspek perundangan dan kewangan projek itu.
Timbalan ketua pegawai eksekutifnya, Datuk Faizal Abdullah, berkata Isnin, dalam tempoh dua bulan ini apabila pasukan petugas itu diberikan tugas tersebut, Kuala Dimensi tidak pernah sekali pun dipanggil untuk menyangkal atau mempertahankan diri terhadap sebarang hasil penyiasatan oleh pasukan petugas itu.
Laporan dan hasil siasatan itu dibuat oleh sebelah pihak, katanya dalam satu kenyataan.
Beliau yang menafikan kemungkinan berlakunya penipuan, kecuaian, salah laku dan penyelewengan seperti yang dikenal pasti berkata, dakwaan itu tidak adil bagi pihak mereka tanpa mengambil kira reputasi baik Kuala Dimensi yang telah dibina selama ini.
"Sekali lagi kami menjadi mangsa apabila realitinya LPK (Lembaga Pelabuhan Kelang) gagal membentuk satu lagi Pasukan Tugas Khas untuk secara khususnya meneliti pelbagai cara bagi membantu memasarkan Zon Bebas Pelabuhan Klang," katanya.
Beliau berkata sekiranya PKFZ mencatatkan prestasi baik hari ini, wang yang diperuntukkan bagi membangunkannya tidak akan menjadi isu dan perbelanjaan itu akan disokong.
Kenyataannya itu muncul ditengah-tengah laporan bahawa LPK akan membuat laporan polis esok terhadap Kuala Dimensi di atas dakwaan penyelewengan sehingga RM1 bilion.
Pengerusi LPK Datuk Lee Hwa Beng berkata laporan itu dibuat susulan pengeluaran laporan pasukan tugas khas hari ini yang mengenal pasti dakwaan selisih antara RM500 juta dan RM1 bilion.
Lee dipetik sebagai berkata lembaga akan bermesyuarat sekali lagi minggu depan bagi menangani butir-butir terperinci laporan itu dan memutuskan tindakan selanjutnya termasuk kemungkinan tindakan terhadap dakwaan salah urus PKFZ oleh bekas-bekas pengarah LPK.
-- BERNAMA
PKFZ: FORMER TWO TRANSPORT MINISTERS CALLED BY PAC
*Elements of incompetency found in PKFZ project (theStar)
*KFZ: PAC unable to conclude on nature of four letters (sun2surf)
Elements of incompetency found in PKFZ project
KUALA LUMPUR: There are elements of incompetency in the handling of the Pork Klang Free Zone (PKFZ) project, the Public Accounts Committee (PAC) said.
PAC chairman Datuk Seri Azmi Khalid said there were still more that needed to be investigated before the committee gave a final report to the Government and the Parliament before the Dewan Rakyat sits again in October.
“Generally, based on the PAC findings on the issue, the running of the PKFZ project had been carried out by incompetent people.
“This is not our conclusion as yet, because we calling more people for their statements before we can finish the enquiry in the next few months,” he told reporters after questioning former transport minister Tan Sri Chan Kong Choy during a hearing on the project at the Parliament House on Wednesday.
Azmi said the PAC will call Attorney-General Tan Sri Abdul Gani Patail on August 12.
He added officials and former officials from the Transport Ministry, including a former secretary-general, and the directors of the Port Klang Authority board would also be called.
Azmi said Chan was questioned mostly on the three letters of support he gave to the PKFZ during his tenure as minister. A fourth letter was given to PKFZ by former transport minister Tun Dr Ling Liong Sik earlier.
Dr Ling had told the PAC earlier that the letter he had issued to facilitate the financing of the PKFZ was not tantamount to a government guarantee.
Azmi said Chan was asked how decisions were made particularly in the approval for the issue of bonds to raise funds for the project,
He was also questioned on the significance of the supporting letters which were interpreted as guarantee letters and the rationale for giving them to PKA.
“Chan said they were called supporting letters as agreed by the local and Commonwealth legal experts.
“The PAC cannot make a conclusion on what the letters should be termed as because we are not the body that decides on that matter, “ he added.
It was reported that Chan had signed three letters of support during his tenure as minister which allowed the developer Kuala Dimensi Sdn Bhd to issue RM2.375bil worth of debt papers to raise funds for the PKFZ project.
Azmi said Chan was responsive and cooperative during the enquiry although he told the PAC that he decided to come although he was unwell. Chan left the meeting at 1.30pm.
“I’ve nothing to comment. I’m a retired man,” he said.
Earlier, Chan arrived at Parliament House at 10.55am. He smiled and greeted the media before entering the enquiry room.
He came with several people believed to be a lawyer and assistants carrying a bag of documents.
PAC deputy chairman Dr Tan Seng Giaw said there was lack of transparency and accountability in the project.
“At the moment, we see that the project didn’t adhere to financial procedures.
“Chan tried his best to reply to our question. Some questions he didn’t answer,” he added.by
ZULKIFLI ABD. RAHMAN/the Star
KFZ: PAC unable to conclude on nature of four letters
KUALA LUMPUR (July 29, 2009) : The Public Accounts Committee (PAC) is unable to conclude that the four letters of support for the Port Klang Free Zone (PKFZ) project issued by two former cabinet ministers are not government guarantees, its chairman Datuk Seri Azmi Khalid said today.
After hearing the testimony of former transport minister Tan Sri Chan Kong Choy for about two hours over the controversial RM4.9 billion project, Azmi said the question of whether the letters are government guarantees or not is subject to legal opinion.
"Although Chan and his predecessor Tun Dr Ling Liong Sik have denied the letters were guarantees, these are only their opinion, Azmi told reporters.
"We have different opinions in the legal aspect and we are not the body to determine. It is up to other bodies to decide."
Chan issued three letters of support, in 2004, 2005 and 2006, which confirmed that the ministry "shall at all times in the future ensure that Port Klang Authority (PKA) is in the position to meet their liabilities in respect of the repayment amount".
The first letter of support was issued on May 28, 2003 by Ling, and he had also told the PAC two weeks ago the letter was not a guarantee and that it had no financial implication on the government.
The four letters of support have been uploaded, together with other 19 appendices to the PricewaterhouseCoopers report on July 15, on the PKFZ information portal (pkfznews.com.my).
Azmi said Chan, who was accompanied by his legal adviser, was responsive and cooperative to the committee and most of the questions posted to the ex-minister were on the letters of support.
"His stand, which had also been explained in Parliament as well as by the Finance Ministry, was that these letters were not a form of guarantee but merely support," he said
"He had obtained legal views from well-known lawyers not only in Malaysia but also at the Commonwealth level that the letters cannot be construed as guarantee.
"(However) the differences in opinions should be looked into by the parties concerned. "
Azmi said the PAC will get more input for its report from Attorney-General Tan Sri Abdul Gani Patail on Aug 12, as well as from high-ranking officers, former board members of PKA, and former Transport Ministry secretary-general Datuk Zaharah Shaari on Aug 13.
He said the committee had also asked Chan to explain the rationale for some decisions made. He declined to disclose details, saying all will be made available in the PAC report.
Giam Say Khoon/sun2surf
