UMNO Digging Its Own Grave

Hantu Laut

The Pahang land scandal is out in the open again.This disgraceful action and blatant disrespect of the law by the MB of Pahang is most appalling.

In September I wrote here about how the MB should be cited for contempt.Since then, I found out that the laws in Pahang and other states in Peninsula Malaysia are slightly different from the laws in Sabah and Sarawak where the chief minister can be cited for contempt in such cases.

In Pahang, it is the State Financial Secretary that can be cited for contempt for refusal to comply with a court order.The law should be amended to make the MB responsible as he is the ultimate boss and the the state financial secretary is working under his directive.

The obvious is going to happen, the state has no choice, but to pay the plaintiff and now it seemed some UMNO smart asses wanted the money back from the Chinaman by bringing a sham action to court to claim the money.This damning plot makes swashbuckling Long John Silver looked kinder.

If they have a valid claim why did UMNO not apply to court for a "granishee order" when the award was given to the plaintiff, affirmed by the highest court in the country? Why did they not institute legal action earlier? Why now?

Their ignoble action to deprive the plaintiff of his money is most appalling and would have serious repercussions on UMNO in the coming general elections.

Now, the question is can a ruling political party give lands or unfettered access to government's assets to its own political party?

It's disheartening and most perturbing when lawmakers themselves showed no respect for the law.

A similar case happened in Sabah when the then BERJAYA state government under Harris Salleh acquired lands belonging to the late Syed Kechik. The case dragged on for almost three decades because every succeeding chief ministers refused to pay the plaintiff. The original court award was in the region of MYR40 million but have ballooned to MYR120 million due to accumulating interests. It was finally paid by the current administration.

Legal and criminal action should be taken against this kind of irresponsible actions of miscreant MBs/CMs wasting taxpayer's money unnecessarily.

Full story here.

Has Najib lost control of his boys or he just couldn't care less?

It's the obvious, UMNO is digging its own grave.

Pahang MB Is He Guilty Of Contempt Of Court ?

Hantu Laut

Are politicians and civil servants above the law? Why should they be allowed to show disrespect to our courts while ordinary Malaysians who dared to show contempt would have to face the music ?

Contempt of court usually carries imprisonment, and the same sentence, without any exception, should apply to ministers, chief ministers, menteri besar and the prime minister if they show disrespect to the court.

Read the story here , which shows without any doubt the arrogance of the Menteri Besar of Pahang, refusing to pay the plaintiff for judgement against the state government affirmed by the highest court in the country.

The Federal Court has affirmed the judgement made by the lower court.Even if the blunder was made by his predecessor the state would still have to pay the plaintiff.

The law forbids the foreclosure of state assets even if judgement has been granted against the state government.A judgement against any state government or for that matter the Federal government could just be a useless piece of paper if you don't know how to enforce it.

The Pahang Menter Besar is using this protective law to ignore the court order, or the state government has no money to pay up, which is most unlikely, as the state can always seek help of the Federal government.

I sympathise with the plaintiff, he must be at his wits end on what to do next, so much so, he is barking up the wrong tree, asking the Prime Minister to intervene. Najib can only mediate, he can't enforce the court order, only the court can do so.

The plaintiff should go back to the court and cite the Menteri Besar for contempt and if he still refused to pay, the court, I'll be surprised, if he is not thrown in prison.

You can't get the state assets but you can get the Menteri Besar.

That was my two pennies worth of advice.

Contempt Of Court ?

Hantu Laut

On 17 Sept the Federal Court upheld a decision by the High Court in Kuantan which on 25 May 2007 ordered the Government of Pahang to pay Seruan Gemilang Makmur Sdn.Bhd the sum of RM60 million for damages for breach of contract.

The company was given the right to log 4,000 hectares of forest concession by the Pahang State Government.The government subsequently allowed a third party to enter part of the area to carry out logging activities.The company sued the government for RM60 million and was awarded damages by the High Court.The government appealled to the Federal Court but lost the case.

The Pahang Government have not paid the company in spite of court order given by the Federal Court, the highest court in the country.The company have now applied for an order of mandamus to compel the government to pay.

What should be done if leaders of government have no respect of the law and the nation's highest court? Not respecting the court order is contempt of court and the court if it so wishes can send the person concerned for custodial sentence.

There are four elements that construe contempt.These are:

existence of a lawful order.
the contemnor's knowledge of the order.
the contemnor's ability to comply.
the contemnor's failure to comply.

If the Menteri Besar of Pahang has all of the above than the court should take serious view of his action and deal with him in accordance with the letter of the law.

There may be a law against seizure of government assets which gave the company no other choice but to apply for the 'order of mandamus' to compel the Menteri Besar to pay up.

If government can enforce its claims against its citizens for breach of contract, it has no right to be more equal than others.

I hope the court will take serious view of the disrespect for the court.