Khir Toyo faces assembly ban over Balkis case
The Malaysian Insider | March 27, 2009
SHAH ALAM, March 27 – Datuk Seri Dr Mohd Khir Toyo could be banned from the Selangor assembly while his wife faces possible police action for not attending the Balkis inquiry.
State speaker Teng Chang Khim said both are in contempt of the State Assembly when they failed to attend the Select Committee for Competence, Accountability and Transparency (Selcat) inquiry into Balkis, a charity set up by the former Barisan Nasional state government for their wives.
“It’s the Legislative Assembly which established Selcat and action can be taken against Dr Khir, who is a member of the Assembly, while his wife is liable for criminal action under Section 3 of the Contempt of the House Enactment 2008,” Teng said today.
He said Selcat has recommended that Dr Khir be sent to the Selangor Assembly’s. Privilege Committee while a police report will be lodged against his wife Datin Zahrah Kechik for failing to attend the inquiry.
Teng disclosed that any member of Selcat can refer the former Selangor Menteri Besar to the Privilege Committee while the Selcat secretary will lodge the police report against Zahrah.
“It will then be the responsibility of the police to conduct investigations and refer the report to the Attorney General (AG) Chambers to determine if she should be charged, in court.”
Teng said by convention, Dr Khir can be suspended, without pay from the Assembly.
On Monday, solicitors representing Dr Khir and Zahrah, sent letters informing the committee they would not be attending the public inquiry because Selcat did not have “certification” from the AG.
Teng said Dr Khir was ignorant of the state Constitution and Standing Orders which is the basis of the establishment of the Selcat.
“Selcat does not need certification because the State Assembly is a legislature and does not come under the supervision of the AG.”
Teng added no Barisan Nasional assemblyman, including Dr Khir had apposed the motion to establish Selcat when it was tabled in the state assembly last year.
“In fact, two Barisan Nasional members in Selcat had taken part in meetings and were in attendance on the first day of the public inquiry.”
In the inquiry today, Selangor Registrar of Society (ROS) deputy registrar Yunos Jamil admitted Balkis accounts were not audited by authorised auditors, when he supported an application to dissolve the charity.
Upon checking the accounts of the charity,which was submitted with the application to dissolve the Balkis, Yunos told the Selcat the accounts, were not signed by any auditor.
However in his earlier testimony, Yunos had said audited accounts were necessary before any society could be dissolved and he was satisfied that Balkis had fulfilled all requirements.
Yunos was at a loss to explained the discrepancy, which he described as an oversight, and argued that nothing could be done because the decision to dissolve Balkis was made by a minister, in Putrajaya.
But Teng pointed out that it was an offence for any one to submit fraudulent reports to the ROS under the Societies Act.
However, Yunos maintained his department was powerless to act.
Yunos also testified that Balkis had almost RM10 million in cash when it was dissolved but did not have a list of its other assets.
He is due to return before the Selcat on Monday.
http://anwaribrahimblog.com/2009/03/27/khir-toyo-faces-assembly-ban-over-balkis-case/=========================================
State firms settled Balkis' bills
Datin Seri Zaharah Kechik headed the Balkis entourage on the trip to Guangzhou |
SHAH ALAM: State subsidiaries said they felt "obliged" to pay expenses incurred by the Wives of Selangor Elected Representatives' Welfare Association (Balkis) to organise functions and admitted that Balkis was "special" compared with other non-governmental organisations.
The representatives of all three state subsidiaries who testified -- Selangor Agriculture Development Corporation (PKPS) deputy general manager Mohamad Nordin Darhan, former Selangor State Development Corporation (PKNS) chairman Datuk Harun Salim and Kumpulan Darul Ehsan Berhad (KDEB) president Datuk Abdul Karim Munisar -- said they paid the bills forwarded to them by Balkis.
"It looks like it was not a matter of sponsorship but the state subsidiaries becoming 'tukang bayar' (paymaster) for Balkis," said Selcat chairman Teng Chang Khim at the hearing.
KDEB forked out almost RM700,000 to sponsor Balkis functions from 2002 to 2005.
Karim said it was "very difficult" to reject sponsorship applications from Balkis as it was very influential and KDEB belonged to the state government, where Zaharah's husband, Datuk Seri Dr Mohd Khir Toyo was the menteri besar at the time.
PKNS and its subsidiaries spent about RM1 million until 2007 to sponsor Balkis events, a third of it on dinners alone. The corporation also sold two pieces of land below market price to Balkis.
Harun said PKNS never rejected any application from Balkis, which Teng described as "amazing".
PKPS in 2006 paid about RM46,000 in tent rental and hampers for Balkis' functions, 46 per cent of its yearly budget for sponsorship.
Also called to testify yesterday was State Secretary Datuk Ramli Mahmud.
Zaharah and Dr Khir who were scheduled to give their statements today may only be called tomorrow.
However, it is not known if they will attend as Dr Khir has labelled the Selcat hearing as not valid.
Teng said the validity should not be questioned as Barisan Nasional was represented by two assemblymen and both actively participated in the hearing yesterday.
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KDEB paid for flight tickets of Balkis members to go souvenier shopping | ![]() | ![]() | ![]() |
Tuesday, 24 March 2009 07:22am | |
©The Sun (Used by permission) SHAH ALAM (March 23, 2009) : Kumpulan Darul Ehsan Bhd (KDEB) paid for the flight tickets of seven members of the now defunct Selangor assemblymen and MPs wives charity organisation (Balkis) for a “souvenier shopping” trip to Guangzhou, China on May 2007. This was despite the fact that the invoice indicates that the supplier has a local branch based in Kuala Lumpur. The entire cost was absorbed by KDEB which is a state investment arm under its Corporate Social Responsibility (CSR) programme. Abdul Karim added that KDEB had spent a total RM65,300 to buy Songket material to be given as gifts to the Sultan, Datin Seri Rosmah Mansor, Tun Dr Mahathir Mohamed and Tun Dr Siti Hasmah Mohd Ali at a function hosted by Balkis in February 2006 and about RM25,000 for souvenir chocolates. The company also paid RM100,000 for dinner organised by Balkis at the Sunway Lagoon Resort and Spa Hotel on July 24, 2007. This was a week before the association co-hosted three dinners costing RM450,000. The first two dinners on Aug 2 and 3 were held at the same venue and the third on Aug 4 was held at the Sunway Lagoon Theme Park hotel. The cost was borne by the state government with the approval of the financial officer and endorsement of the executive council (exco). Grilled by the Selcat which is chaired by Selangor state assembly speaker Teng Chang Khim on Monday over these payments KDEB made under its CSR programme president Karim Munisar said: “We do not question the relevance of this as it was determined by the previous state government, and there are no criteria or guidelines. Now KDEB is under a new government and if they change the policy and stipulate guidelines pertaining CSR programmes, then we will adhere to it.” Karim was one of the four witnesses who testified before the seven member Selcat panel made up of five Pakatan Rakyat assemblymen and two Barisan Nasional representatives. The other Selcat members are Bkit Antarabangsa state assemblyman Azmin Ali, Taman Medan assemblyman Haniza Talha, Ulu Kelang assemblyman Shaari Sungib, Bukit Gasing assemblyman Edward Lee, Dusun Tua assemblyman Ismail Sani (BN), and Permatang assemblyman Sulaiman Abdul Razak (BN). He said if the president approves the appeal for funding from organisations like Balkis then the board would have to endorse it. Asked what would happen if he had not approved it, Karim replied: “Susah lah! (that’s hard)”. Several state company representatives and their subsidiaries also admitted that they were obliged to pay for the cost incurred by Balkis saying it was a practice which they did not question. The heads and former managers of the companies said that although they agreed to pay for expenditures, the approvals were based on estimates. The final cost would be paid to suppliers based on based on bills that Balkis forwarded to the companies. Earlier during the morning session, state secretary Datuk Ramli Mahmud said the CSR guidelines for state companies are determined by the companies themselves and that there was no fixed guideline. “It is for the CEOs to decide on based on their budget allocations,” he said. Ramli also denied that where the state was concerned there was no special treatment for Balkis as the organisation had to write in to ask for financial assistance if they wanted it. He said the RM450,000 contribution for Balkis dinner at the Sunway Lagoon Resort and Spa Hotel and the Sunway Lagoon Theme Park Hotel were a one-off contribution to the organisation and the state took into account the fact that the organisation was run by the wives of state representatives. We received the endorsement of the state executive council (exco) and the financial officer to host the three events which wives of elected representatives from all 13 states in the country attended , with Balkis as the co-host, he added. Meanwhile former Perbadanan Kemajuan Negeri Selangor (PKNS) general manager Datuk Harun Salim agreed with the committee when asked if PKNS was a “tukang bayar” (pay master) for Balkis as the association would forward its bills to the company to be paid. He said the organisation would usually forward requests to the company to sponsor some of its programmes and admitted that the company usually felt obliged to support Balkis. Harun however denied that he was concerned about repercussions if he did not endorse the sponsorships because he said his performance and the profits of the company were good. Therefore this was not a reason he took into account when approving the soponsorships. PKNS and its subsidiaries had also contributed large sums to Balkis including RM300,000 for the three dinners held on Aug 2,3 and 4. Pebadanan Kemajuan Pertanian Selangor (PKPS) Mohd Nordin Darhan who also testified before Selcat said the company had on Jan 2006 contributed RM46,000 for the officiating of Balkis complex in Section 7, Shah Alam including the cost of 150 fruit hampers for guests. |
http://www.malaysianbar.org.my/legal/general_news/kdeb_paid_for_flight_tickets_of_balkis_members_to_go_souvenier_shopping.html
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Balkis received huge cash payments from Selangor government
By Neville Spykerman.SHAH ALAM, March 24 — Paid trips to Cambodia and Indonesia, cash payments, a mass wedding for converts, and expensive gifts for VIPs, all in the name of Corporate Social Responsibility (CSR), dominated day two of a public inquiry into the Wives of Selangor Elected Representatives Charity Organisation (Balkis).
Today, it was the turn of Permodalan Negri Selangor Berhad (PNSB) chief executive officer Datin Khairiyah Abu Hassan to be “grilled” by the Selangor Select Committee for Competency, Accountability and Transparency (Selcat), over funds which was provided to Balkis since 2002.
Khairiyah, who was accompanied by four aides, disclosed that it was a common practice for the state subsidiary to adhere to all “request” for funds from Balkis, which amounted to between almost RM500,000 to RM1.6 million, annually.
Khairiyah told the committee headed by Selangor speaker Teng Chang Khim that as a state subsidiary it adopted a “compromising attitude” as they wanted to support the state in all projects which improved the
image of the administration.
Khairiyah, who was deputy CEO in 2002, disclosed that it was “usual practice” for Balkis officials to make verbal requests for project funds, and it was not unusual for the payments to be made in cash.
During the inquiry she said the “instructions” were sometimes made over the phone but she later retracted and used the term ‘request’ instead which prompted Teng to remind her that she was testifying under oath.
She admitted she had a close relationship with former Balkis president Datin Zahrah Kechik, who is the wife of former Mentri Besar Datuk Seri Khir Toyo,and added there was no committee to scrutinise the
“request” for funds or how the money was used.
Khairiyah said all requests were approved by the PNSB board collectively.
In 2002, PNSB funded a journey of repentance and self-realisation (Keinsafan) for Balkis members. A total of RM82,000 was paid and the money was used to food, accommodation and humanitarian projects as well as an allowance of RM3,000 for a reporter.
Khairiyah said RM38,000 was dispensed in cash and PNSB did not receive a receipt for the money.
In the same year, Balkis also received RM250,000 of which RM100,000 was in cash, to run a motivational camp for SPM students.
Khairiyah said she is not sure what the cash was used for and did not know who ran the course or why the money needed to be paid in cash.
In 2003, PNSB allocated RM1.65 million to Balkis of which RM148,280 was used to fund a mass wedding of 51 couples who were new converts at Dewan Belia and Sukan in Shah Alam.
Almost RM90,000 was spent on food for the estimated 1,500 guests at the wedding and Khairiah admitted there was no proper documentation on how the rest of the money was spent.
“It is negligence and carelessness on our part,” she admitted.
Khairiyah was at a loss to explained why huge amounts of cash was being dispensed to Balkis over the year and who received the money.
In 2004, PNSB paid RM3,600 for a “Summermen” suit for its then chairman Dr Mohd Khir Toyo as a souvenir for attending a Chinese New Year function, contrary to General Orders that gifts should not cost more than RM1,000 .
In the same year PNSB paid RM16,000 for Balkis members to go on a trip to Bukit Tinggi, Indonesia.
Meanwhile in 2006, PNSB paid RM50,000, in cash, for the opening of Complex Wawasan Balkis in Shah Alam, RM13,000 for food and a singer for a Buka Puasa dinner and RM25,000 for several tables at a
Balkis charity dinner.
In 2007, PNSB paid RM338,547.97 for the Balkis annual sports event of which RM33,000 was used to buy uniforms for participants.
Teng remarked that PNSB had functioned like a cashier to Balkis and added the Select Committee was concerned with the lack of corporate governance by the state subsidiary.
The inquiry continues tomorrow.
http://www.themalaysianinsider.com/index.php/malaysia/21196-balkis-received-huge-cash-payments-from-selangor-government