Freedom of Information - Yeah! Yeah! Teah!

Desiderata is somewhat in buoyany Chinoserie Nu Year mood in anticipating that a new era of Freedom of Information is on the Doggie' horizon.
It may be a spin-off from the Famous -- or isit Notorious? -- METRAMAC SAGA...

On a GOoDFRidae January 27, 2006
from The Star frontpage:

Daim: It was Cabinet's decision

KUALA LUMPUR: It was a Cabinet decision to terminate the first concession of Syarikat Teratai KG, said Tun Daim Zainuddin, who has denied any wrongdoing in the Metramac Corporation case.

In a statement issued late yesterday, the former finance minister also denied that Datuk Anuar Othman and Tan Sri Halim Saad, the shareholders of Metro Juara Sdn Bhd, which bought over Teratai from Fawziah Holdings Sdn Bhd, enjoyed his patronage during his tenure with the Finance Ministry.

Daim also called for the Cabinet minutes concerning the Metramac deal to be declassified so that the truth could be ascertained.

This is the first lengthy explanation made by Daim since he was mentioned in a Court of Appeal judgment on Jan 12, which favoured Fawziah Holdings in its suit against Metramac.

Daim made specific denials on various points raised by Court of Appeal Justice Gopal Sri Ram in his written judgement, where Daim's name was mentioned.

“I did not decide in my capacity as the then Finance Minister as to whether there was a sum to be paid as compensation to Fawziah Holdings Sdn Bhd. It was a decision of the Cabinet that it was not feasible at that time to make any commitment to make such a payment.

“I categorically deny that Anuar Othman and/or Halim Saad had enjoyed my patronage when I was the then Finance Minister,” he said.

“I categorically deny that I oppressed the previous (Teratai) shareholders into parting with their shares.”

Daim stated that it was also the Cabinet’s decision not to pay any compensation to Teratai for the cancellation of the first concession.

He said that he did not have anything to do with the second concession between Metramac and Kuala Lumpur City Hall (DBKL) as it took place 11 months after he had resigned as finance minister.

In an 18-page statement, he also pointed out that he was not a party to the suit by Fawziah Holdings nor did the re-amended statement of claim say that he had committed any wrong.

“The written grounds of judgment of the High Court dated Oct 21, 2003 also makes no reference to me whatsoever,” he said.

Daim also revealed that Datuk Fawziah Abdul Karim, a shareholder and director of Fawziah Holdings and Teratai, had seen him several times and sought his help in mediating between her company and Metro Juara – which he did.

He claimed that Fawziah even wrote to him on Dec 14, 1990 to inform him that Teratai and Metro Juara had reached agreement on all terms of the sale and “requested my good office to speed up the signing of the sale and purchase agreement.”

DESIDERATA finds the many "twists and turns" in this ongoing METRAMAC SAGA would be well served if the Government takes a leaf from the esteemed former Finance Minister's call and accordingly oblige with his call -- good advice -- (as highlighted by Desi in the above news report, partially reproduced):)that the "Cabinet minutes concerning the Metramac deal to be declassified...". I would logically suggest that this the Government do so in sincerest respect to a long-standing Malaysian servant-leader's request as soon as possible by tabling a FREEDOM OF INFORMATION ACT in Parliament so that the Noble Cause of Accountability, Transparency and Good Government is well served.

Meanwhile, the lawyer representing METRAMAC might get a taste of doing jail time and feel the heat that comes along as "Occupational Hazard" for taking on high-profile (cum-politically-connected) court cases.

To wits, also page 1, also The Star:

Lawyer faces contempt
Complaint letter against appeals
judge lands
counsel in trouble
Nation
Friday January 27, 2006


PUTRAJAYA: Lawyer Datuk Muhammad Shafee Abdullah is facing the prospect of being sent to jail for contempt of court for sending a complaint letter alleging misconduct by Justice Gopal Sri Ram.

Muhammad Shafee, the counsel for highway concessionaire Metramac Corporation Sdn Bhd, was reprimanded earlier by the Court of Appeal judge, who said the letter was contemptuous and an attempt at muzzling a judge.

“You cannot muzzle a judge. I will not be the first judge and I will not be the last. This is very serious as we are here as servants of justice,” Justice Sri Ram said during a hearing of Metramac’s application for a stay of execution of a judgment concerning it.


The Jan 24 letter, addressed to Court of Appeal president Tan Sri Abdul Malek Ahmad, was over Justice Sri Ram’s remarks against former finance minister Tun Daim Zainuddin, businessman Tan Sri Halim Saad and his partner Datuk Anuar Othman.

This was in the course of hearing the appeal between construction company Fawziah Holdings Sdn Bhd and Metramac.

Muhammad Shafee had also sent a complaint letter to the Chief Justice over Justice Sri Ram’s conduct in that appeal.

On Jan 12, the Court of Appeal ordered Metramac, the concessionaire of the East-West Link Expressway and Sungai Besi Expressway, to pay RM65mil to Fawziah Holdings in compensation for loss of advertising rights.


DESIDERATA thinks a new era of "openness" will flower in Malaysia if the Players on the Malaysian Stage are truly motivated by the nation's interests. If the intetrests lie within the bedsheets of scitiloP-Business, then be prepared to weep another round for Malaysia.
Postpone that till after February 12, 2006, will you!