Thursday, 26 August 2010

FELDA Abused

Felda blind to Tun Razak's vision

By Jamilah Kamarudin

PETALING JAYA: Since its inception more than five decades ago, the Federal Land Development Authority (Felda) has brought about many changes and helped improve the lives of Bumiputeras.
Efforts by the late premier Tun Abdul Razak in 1956 were the starting point of the plan to improve and enhance the economy of the Malays, especially the rural community.

At the beginning, Felda aimed at balancing the distribution of the economic and social status and reduce the economic gap within the community and other races.

Land as vast as 4.046 hectares (10acres) for agriculture and 0.809 hectares (two acres) for housing were set aside for settlers.

The rapid growth of Felda’s agriculture sector is a result of the settlers’ toil and and Felda has gone on to become among the richest government agencies after Petronas. It also offered all kinds of loan schemes with high interest to settlers.

But Razak’s philosophy of “giving land to those who do not have” and “enriching the poor” are no longer embraced by the Felda leadership.

The agency has deteriorated since coming under the Prime Minister’s Department in 2004.

Felda’s strategic policy of agriculture was changed to corporate industry through the setting up of Felda Plantation and its 23 subsidiaries. Although the subsidiaries offered lucrative returns, they however also jeopardised the rights of settlers and their inheritors.

Aside from the unsatisfactory extraction grade (KPG -kadar perahan gred) of the palm oil, there were also allegations of manipulation of grades, and issues over their deposits in the Replanting Fund and quality of the oil palm.

The settlers were further burdened by the high interest on loans on the lands which were mortgaged to Felda.

Fulfil social obligation
Several groups have stood up against the mismanagement and began exposing Felda's wrongdoings. Among the more active NGOs, is the National Association for Children of Settlers (Anak).

Its president, Mazlan Aliman, wants Felda to fulfil its social obligation as an agency that takes care of the welfare of the settlers and not just act as a corporate body focused on profits.

"This is the reason that we and the settlers all over the country are beginning to take court action against Felda. The key reason is the swindling and cheating involved in the extraction process,” he said.

After Serting Hill filed its summons, the Raja Alias scheme in Seremban followed suit with a RM200 million summons.

Mazlan expects more schemes in Felda Pahang to do the same.

“I am quite sure the settlers in Pahang will rise to voice their right after several meetings with Felda Chini last week and the setting up of an action committee in Bera and Kratong Felda schemes.

“The Felda Bera scheme will make the first move with the participation of 4,000 settlers and we will file for legal action in November at the latest. This will be followed by Felda Chini and Kratong.

“Anak (the association) and our lawyers R Sivarasa, Wan Rohimi Wan Daud, and Nizam Abdul Hamid will go down to the ground in Pahang next week to study the documents and hold briefings with the settlers. I will also visit Jengka 17 soon to organise a briefing for settlers there,” he said.
Also read:
Felda has to pay RM11 million to 354 settlers 
FMT

Stop the Charade


Action against Sabah 12: Stop the charade, cry supporters

By FMT Staff

PETALING JAYA: Supporters of 12 Sabah PKR leaders hauled up for disciplinary hearing have slammed the entire exercise as a sham and a waste of time. And they want the party's top leaders to bring an end to this charade.
They fear that if the farce continues, it will only lead to increasing turmoil in the party.
“We are surprised that the party had sent three lightweights to conduct the disciplinary hearing... and it wasn't a proper disciplinary proceeding at all.

“What we saw were these three pro-Anwar leaders interviewing the Sabahans on their alleged role in the formation of a breakaway party last year,” the supporters told FMT, choosing to remain anonymous for fear of further reprisals from the party.

“It appears that no decision will be made by the three committee members as the decision will be made for them by certain leaders in Kuala Lumpur... this is a charade orchestrated from party headquarters,” they alleged.
In a later development, the party's secretary general said today that the disciplinary committee has recommended that the 12 be suspended for a year, with a final decision to be made by the supreme council on Aug 29.

The 12 leaders, all of whom are aligned to PKR vice-president Jeffrey Kitingan, have been subjected to disciplinary proceedings due to their role in setting up Parti Cinta Sabah (PCS) last year.

The idea of the new party was mooted by some Sabah PKR leaders following a massive fallout between Jeffrey and fellow vice-president Azmin Ali, which resulted in Jeffrey being replaced as the state chief.

However, under a peace plan inked by the party headquarters here, Jeffrey was made responsible for both Sabah and Sarawak and another person was put in charge of the state. Azmin was totally removed from the state lineup.

The peace deal also ensured that there will be no witchhunt against those who had allegedly plotted against the party at that time by aligning themselves with Jeffrey.

However, the decision to haul up the 12 before the disciplinary committee suggests that the party is ready to ditch the peace deal and punish the 12.

With their suspension, if confirmed by the supreme council on Sunday, they would play no part in the coming party polls. Their backers have seen this development as an elaborate plan hatched by Azmin and his Sabah loyalists to cut off rivals from the party.

Party supremo Anwar Ibrahim has also been accused of playing a role in this.

A Malay agenda?

“We are tempted to believe what blogger Haris Ibrahim wrote yesterday that Anwar was not keen to have a non-Malay to lead Sabah and Sarawak,” said the supporters of the 12.

“This move against the 12 looks like a new campaign to weed out the influential non-Malays from the party so that Azmin and his boys can have a free rein,” they added.

Yesterday, the disciplinary committee – made up of Animah Ferrer, P Y Wong, and Steven Choong – interviewed 11 of the 12 in Penampang, Sabah. One was absent due to illness.
Political observers noted that this move by PKR has once again put the spotlight on Anwar and the role Sabah and Sarawak will play in Malaysian politics.

FMT learnt that the complaint against the 12 was filed by five PKR members – Sulaiman Aladad, Jonathan Yasin, Dr Hamzah Amir, Dr Roland Chia, and Adris Taripin, all said to be aligned to state leaders close to Azmin.

“Anwar should just come clean and say why these 12 are being investigated in breach of the peace deal.

“His continued silence will only lend credence to talks that he is in the know of the plan to sideline Jeffrey in the party,” they said.

Also read:

Jeffrey's supporters quizzed over breakway bid

'What's the deal with Sabah 12, Anwar?'

'Who will kick Umno out of Anwar?'

FMT

Sarawak Report on Taib


$1 Dollar Mansion?

Wednesday, August 25th, 2010 GMT
1117 Boylston Avenue, Seattle, USA
1117 Boylston Avenue, Seattle, USA
Sarawak Report would like to enquire of Abdul Taib Mahmud how much he paid for the mansion that Samling passed on to his family in Seattle, USA ?
The residence forms an enormous property, standing in its own grounds in one of the most prestigious area of Seattle on Boylston Avenue.  It was passed from a Samling-owned company to a company now owned by Abdul Taib Mahmud and his family, for just one US dollar in 1991.
Click for King County Assessment Office details

Details of a very nice property

City Garden!
Described as a Top Grade Mansion in ‘very good’ condition by Washington State’s King County Department of Assessments, the property was valued at over US$ 6.8 million in 2008.
It has 6 bedrooms and 5 main bathrooms and an enormous total living space of 9,020 square feet, plus a basement of 2,120 square feet.  The house is surrounded by a large open porch and there is a big basement garage  for the car-loving Taib family, plus a second, attached garage.  The mansion is surrounded by gracious gardens, kept in manicured condition and the grounds total 26,172 square feet.
See pictures of Samling properties under http://sarawakreport.org/2010/08/from-samling-to-the-taibs/#1
Click for Home Appraisal Document (1996)’ “The Taib home, located at 1117 Boylston Avenue in the community of Seattle…”

Mysterious acquisition

Lord and Lady of the Manor
The property, registered under the company W. A. Boylston Inc (California), has been in the possession of the Taib family since the early to mid-1990s.  Family portraits of the Chief Minister, his deceased wife and four sons and daughters as small children, adorn the elaborate rooms.
They have all spent time in the mansion, which is not occupied by anyone else.  The property forms part of the family’s Sakti International Corporation, incorporated in California and currently managed by Hisham (Sean) Murray, the Chief Minister’s son in law, out of his offices at 333 Preston Street, Ontario, Canada.
However, there is confusion in the Seattle public records as to how the property passed to the Taibs.  Sarawak Report has been unable to obtain any clear record of the transfer from one owner to another or, importantly, the register of any payment that would normally be eligible for taxation.  We therefore request a statement from the Taibs to explain the situation.
Gracious living

The Samling connection

However, Sarawak Report has managed to clearly establish  that before passing to the Taibs the house was owned by another California corporation called CSY Investments, set up in 1988.  CSY acquired the property in 1991 and then registered it under subsidiary company called W. A. Boylston Inc.
CSY are the initials of Chee S Yaw, who signs himself as the company’s President in documents which are publicly available at the King County Land Registry.  Significantly, Mr Yaw is one of the younger sons of Yaw Teck Seng, founder of the massive logging conglomerate Samling Global.  Yaw Teck Seng is regularly featured in Forbes Asia’s Rich List of Malaysia’s top 40 richest individuals, as does his eldest son, Yaw Chee Ming, establishing them one of the richest families in Asia.
Chee Siew Yaw - Son of Samling Boss

‘Unethical’

Our revelation comes with poor timing for the Chief Minister of Sarawak.  Earlier this week Samling made international headlines when the Norwegian Government Pension Fund withdrew all investments in Samling after condemning the company as ’unethical’, owing to  illegal logging and environmental devastation in Sarawak.  [Click for Norwegian official announcement]
Abdul Taib Mahumd in his joint capacities as Chief Minister, Finance Minister and State Planning and Resources Minister, has controlled the issuing of Sarawak’s timber licenses for the past 30 years, leaving clear questions over his incentives for  favouring such an ‘unethical’ company.
It is no secret that Samling has based its business success on achieving numerous logging concessions in Sarawak. Over the period of the Chief Minister’s rule, companies operating under his licenses have razed virtually all Sarawak’s valuable virgin forest, much of it taken without compensation from the indigenous peoples who had been granted these territories under Native Customary Land Rights.
President of CSY (Son of Samling Boss) signs ownership of Boylston Mansion in 1991. When and how did it pass to the Taibs?
Samling is one of the main companies involved in this destruction and it has used its base in Sarawak to launch similar logging operations in the Congo, Amazon, Russia and elsewhere, many of which have been heavily criticised by concerned NGO’s across the world.

The US $1 Sale

Therefore, we repeat the question, how and why did the Chief Minister come by a mansion formally owned by Samling?  The only official record available of a transfer of the property in the King County Land Registry from CSY is the granting of a so-called Quit Claim Deed for just one dollar!  This transaction on 19th September 1991 placed the property into the subsidiary company W. A. Boylston Inc.  W. A. Boylston had been incorporated in California a few days earlier on September 5th by CSY and its registered address was given as 2260 Douglas Boulevard, Roseville, which was the Headquarters of CSY.
Grandure
CSY and Boylston then immediately filed a joint letter to the King County Real Estate and Excise Tax Department declaring ‘under penalty of perjury’  that W. A. Boylston was a wholly owned subsidiary of CSY Investments, thereby making the Quit Claim transaction exempt from excise tax.
However, our investigations have shown that there is no subsequent record in the Land Registry of the later transfer of ownership of W. A. Boylston from CSY (Samling) to the Taibs.  According to rules published by King County such a transfer would normally require the payment of thousands of dollars of excise tax.

Proof of Taib ownership

Despite the lack of open records, Sarawak Report is able to confirm that there is definitive proof that the Taibs did take over the property from Samling’s CSY.  In fact they took up residence as the effective owners not long after the property was placed in the hands of the CSY subsidiary W. A. Boylston.  Rahman Taib had an insurance assessment drawn up in 1996 (see above).
Portraits of the Taib family adorn the house. The family were in residence from at least the mid-90s
Furthermore, a significant alteration was made to the company’s official address and official representative in 2000. In that year W. A. Boylston’s annual Statement by a Domestic Stock Corporation to the State of California noted a change of address to that of the headquarters of Sakti International (the property company, which Sarawak Report has recently proved to be majority owned by the Chief Minister).  Likewise, the company representative was altered from a CSY official to Rahman Taib, the Chief Minister’s younger son.

How much did it cost?

Sarawak Report therefore wishes to ask once more,whether Mr Taib paid the going rate of over $3 million for the house at that time to Samling for the purchase of the house?  If so, how did the Chief Minister (salary approx MR 50,000 per month) find the money?
If, on the other hand he acquired it for free, then readers of Sarawak Report will be entitled to conclude that the mansion was a kickback from Samling, as a favour in return for all the logging concessions granted to them by the Chief Minister.   They would also be entitled to ask whether the United States tax authorities have received all the money they are due.

Mansion No 2 – 2222 Everett Avenue, Seattle

By the way there is a second Seattle Mansion!

If the Boylston mansion was indeed a ‘gift’ from Samling to the Chief Minister, then one cannot expect such a thing to be done by halves.  Indeed, a second, equally gracious and prestigious mansion has also found its way from the Yaws to the Taibs in Seattle, by what would appear to be exactly the same route.

W. A. Everett Inc

2222 Everett Avenue East, worth $2,854,000 at its peak value in 2008,  was also originally purchased by the Yaws. It was  then registered under another California corporation, W. A. Everett Inc, set up on the same day as W. A. Boylston (5th September 1991). W. A. Everett Inc is likewise listed as a subsidiary of CSY in the King County Land Registry.   This mansion also ended up in the hands of the Taibs.
Choice view - Seattle Sky Line
The property is smaller with four bedrooms and bathrooms, but has famously sought after views over the City.
Sarawak Report understands that the Taibs have mainly rented it out over the past two decades, but as with Boylston, the only information about a transfer of ownership of the company from Samling to the Taibs comes with an identical change of address and officers in 2000, from the CSY address in Roseville to Rahman Taib, at Sakti International’s Headquarters in San Francisco. This leaves very many questions about how the Taibs have acquired their wealth.  It  is time for transparency.

FELDA lost in Federal Court

Felda settlers get RM11m in damages

August 26, 2010
PUTRAJAYA, Aug 26 — More than 300 settlers will receive RM11 million in damages after the Federal Court here rejected the Federal Land Development Authority’s bid to overturn a lower court decision which found that Felda had manipulated the grading of palm oil from their plantations.
Today’s victory could pave the way for more suits and underscores the rising discontent in Felda settlements — and may cost the ruling Barisan Nasional (BN) crucial support from the mostly-Malay settlers.
Pakatan Rakyat (PR) parties like PAS have taken advantage of the unhappiness in Felda settlements and have been campaigning in recent months to rally settlers, traditionally BN voters, to the side of the federal opposition.
The Federal Court refused a review of Felda’s application today to challenge a decision by another panel in dismissing its appeal, citing that it had no jurisdiction to entertain the application.
Felda had filed an application to review a Federal Court decision on January 19 which denied the land authority leave to appeal against a decision by the Kota Baru High Court.
The High Court had previously ordered Felda to pay RM7.8 million in damages and interest to the settlers on January 13, 2008, after its counsel failed to turn up for the hearing of the suit filed by the settlers.
The decision was subsequently upheld by the Court of Appeal.
The amount has since ballooned to RM11 million with accumulated interest, with each settler now expected to be paid between RM20,000 and RM30,000 in damages.
Today’s ruling was decided by a three-man panel chaired by Court of Appeal Justice Alauddin Mohd Sherif with Federal Court judges Justice Hashim Yusoff and Justice Md Raus Sharif.
In an unanimous decision, Alauddin said the court did not have jurisdiction to review the earlier decision of the Federal Court.
“Hence, this review is dismissed,” said Alauddin.
This is the first suit filed by the settlers against Felda.
The ruling today is set to have adverse repercussions for the land authority as well confidence of Felda settlers nationwide towards the Najib administration.
This was highlighted by Felda counsel Firoz Hussein Ahmad Jamaluddin, who referred to a string of suits faced by the federal authority from its settlers. There are currently other similar suits filed in the Johor Baru High Court and Seremban High Court.
The settlers sued Felda in 2002 seeking between RM20,000 and RM30,000 each in general damages, claiming that the agency had understated the quality of their oil palm fruits during the period from 1996 to 2002 which caused them to suffer losses.
They named Felda, Felda Kemahang 3 manager Ibrahim Ismail (now deceased) and Felda Palm Industries Sdn Bhd as defendants.
In their writ, the settlers claimed that they discovered fraud and conspiracy in the transactions of the oil palm fruits in September 2001.
More than 150 settlers packed the Palace of Justice here today.
The settlers were represented by a team of lawyers led by Wan Rohimi Wan Daud.
MI

Wednesday, 25 August 2010

Kelantan Oil Royalty Lawsuit

KOTA BHARU, Aug 25:  Kelantan State Petroleum Royalty Claims committee chairman Husam Musa said the state government would file a lawsuit against national oil corporation Petronas for breaching contract on the petroleum royalty on August 30 in Kuala Lumpur.
“The summons writ will be presented to the State Executive Council meeting for approval. If it is approved, the lawsuit will be filed against Petronas on August 30," he said, adding that lawyer Tommy Thomas would file the suit on behalf of Kelantan.
According to Husam, the initial plan was to file the suit on August 31 in conjunction with Merdeka, but had to be changed due to public holiday.
Husam explained that Kelantan’s oil royalty suit was different from a similar suit in 200 by then PAS-led Terengganu state government, because this time around, it is being backed by an affidavit by former Petronas chairman Tengku Razaleigh Hamzah, who has expressed his willingness to testify in court.
"Although the royalty claim case is being brought to the court, the room for negotiation to solve the issue is still open.
"With Ramadan upon us, it is the best time for the parties involved to pay the oil royalties to Kelantan,” said Husam, who also chairs the state Exco on Economic Planning, Finance and Welfare.
Last March, the Kelantan state assembly unanimously gave the state government mandate to take any action, including legal, to claim petroleum royalty as stated in the Petroleum Development Act 1975.
Prime Minister Najib Razak has however ignored the requests, arguing that the Federal government would maintain the "compassionate fund" instead of the oil royalty.
Last May, the Federal government paid RM20 million in such funds, bypassing the Kelantan state government.
Harakah Daily
NB.Latest. The lawsuit will be filed on 30th August 2010 at 9.30 am at the High Court Dagang Jalan Duta Kuala Lumpur.