(Ipoh, Friday): On 14th March 2001, accompanied by DAP MPs, Kerk Kim Hock (Kota Melaka), Dr. Tan Seng Giaw (Kepong), Tan Kok Wai (Cheras), Fong Kui Lun (Bukit Bintang) and Teresa Kok (Siputeh), I lodged a police report at the Jalan Stadium police station, Kuala Lumpur against the Employees¡¯ Provident Fund (EPF) for criminal misuse of EPF monies for taking part in the bail-out of the RM1.415 billion Time dotCom initial public offering (IPO) undersubscription shortfall when the stock could be bought from the market at one third its price.
On 20th March 2001, accompanied by DAP MPs Tan Kok Wai, Fong Kui Lun, Teresa Kok, PAS MP for Kuala Kedah, Mohammad Sabu and Keadilan MP for Kemaman, Abdul Rahman Yusuf, I lodged a police report at the Sentul police station, Kuala Lumpur against the Pensions Trust Fund (KWAP) for taking up 273.86 million Time dotCom unsubscribed shares for RM903.74 million at RM3.30 per share, when the market had been proved right in being quite unanimous in expecting a sharp plunge of its price on its public listing, so that the police could initiate investigations on possible criminal breach of trust and misapplication of public funds.
When a police officer, DSP Huzir bin Mohamed of Kuala Lumpur Commercial Crime came to see me last Friday, in connection with the EPF, I thought the authorities were taking action, though rather belated, on my police reports lodged in March.
I was surprised however when I was told by Huzir that he wanted to see me not because of my police reports against the EPF or KWAP on the Time dotCom IPO scandal, but because of a police report which the EPF had lodged against me one week after my police report against the EPF.
The police report was lodged by EPF security officer Hashim Md Esa on 21st March 2001, and when I asked as to what was the offence disclosed in the report against me, Huzir said the police had classified the case under Section 27 of the Police Act 1967 read together with Section 116 of the Penal Code.
Section 27 of the Police Act refers to illegal assemblies, where a person found guilty of an offence is liable to a fine of not less than RM2,000 and not more than RM10,000 and jail not exceeding one year - enough to automatically disqualify an elected MP or Assemblyman or to disqualify a person from standing for elections.
Section 116 of the Penal Code refers to ¡°Abetment of an offence punishable
with imprisonment¡± and reads:
¡°116. Whoever abets an offence punishable with imprisonment shall, if that offence be not committed in consequence of the abetment, and no express provision is made by this Code for the punishmment of such abetment, be punished with imprisonment for a term which may extend to one-fourth part of the longest term provided for that offence, or with such fine as is provided for that offence, or with both; and if the abettor or the person abetted is a public servant, whose duty it is to prevent the commission of such offence, the abettor shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with such fine as is provided for the offence, or with both.¡±
I was told that the subject of the police report was my media statement dated 16th March 2001, which the complainant read on the DAP website on the Internet, entitled ¡°The 9.7 million EPF contributors should heed the advice of the Prime Minister and speak out against the imprudent or mismanagement of the EPF funds with the latest case of over RM92.208 million losses suffered by EPF as a result of its RM269 million investment in 81.6 million Time dotCom shares¡±.
In my statement, I referred to the reference by the Prime Minister, Datuk Seri Dr. Mahathir Mohamad two Sundays earlier on 4th March 2001 to "the silent majority", and I said that what "the silent majority" should do was to heed the call by the Prime Minister to speak out against the imprudent or mismanagement of the EPF funds with the latest case of over RM92.208 million losses suffered by EPF as a result of its RM269 million investment in 81.6 million Time dotCom shares.
I said that the time had come for the 9.7 million EPF contributors to cease to be the "silent majority" and be the "outraged majority" and to protest at the lack of accountability and transparency, expertise and professionalism in the management and investment of the RM181 billion EPF funds and they should register their protests, loudly and firmly, but peacefully, at the over 50 EPF offices all over the country.
I was told that the police was investigating my media statement under Section 27 of the Police Act and Section 116 of the Penal Code.
I find the whole situation most outrageous - the police investigating me rather than my two police reports against EPF and KWAP over gross misuse of over RM1 billion of public funds in the rescue of Time dotCom IPO and Halim Saad.
It is most deplorable and not calculated to enhance public confidence in the professionalism of the police that it has not even started any investigation into my two police reports against EPF and KWAP in their misuse of public funds in the bailout of the Time dotcom IPO and up to now, neither body has given any satisfactory or acceptable explanation for the misuse and misapplication of public funds involving losses exceeding RM300 million for KWAP, some RM100 million for EPF or over RM500 million if all government-linked funds and agencies are all added together.