Putrajaya sues Kelantan for violating the land rights of the Temiar Orang Asli community in Gua Musang…

Putrajaya is suing the Kelantan state government for violating the land rights of the Temiar Orang Asli community in Gua Musang.

The suit, which was filed at the High Court in Kota Bharu, also named the state director of the lands and mines department, state director of the forestry department and five private entities as defendants.

The Orang Asli at Gua Musang: Under Threat!

18 January 2019

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Putrajaya is suing the Kelantan state government for violating the land rights of the Temiar Orang Asli community in Gua Musang.

“For the first time since Merdeka, the federal government is instituting legal proceedings on behalf of the Orang Asli in recognition of the federal government’s constitutional and legal duty to protect and promote their wellbeing and advancement,” said attorney-general Tommy Thomas in a statement today.

Thomas said the Kelantan state government and its agencies had granted logging rights in Gua Musang to private companies without consulting the Temiar community or offering them compensation.

“Their actions have deprived the Temiar Orang Asli of their native land and resources, and have caused widespread erosion, pollution, and irreparable damage to the ecology and landscape of Pos Simpor (in Gua Musang),” he added.
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Thomas noted that although land, forestry and mining matters fell within the state government’s jurisdiction, it was also bound by a “paramount and non-delegable duty” to protect and preserve the welfare of the Temiar Orang Asli.

He said the federal government viewed the encroachments on those lands seriously.

“Commercial development and the pursuit of profit must not come at the expense of the Temiar and their inherent right, as citizens of this country, to the land and resources which they have traditionally owned and used,” he added.


Read more: The simmering disquiet in Gua Musang


The suit, which was filed at the High Court in Kota Bharu, also named the state director of the lands and mines department, state director of the forestry department and five private entities as defendants.
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It seeks legal recognition of the Temiars’ native land rights in Pos Simpor, and injunctions to prevent private entities from encroaching on and destroying native land for commercial profit.

Putrajaya would represent the Temiar for free.

Thomas said the decision to sue Kelantan was made after Prime Minister Dr Mahathir Mohamad and the cabinet were moved by the Temiar’s plight.

Last August, some 200 Orang Asli from the Temiar community in Gua Musang went to Putrajaya to seek the federal government’s help to ban loggers and plantation firms from their ancestral land.
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Several of their leaders met with Mahathir, who promised to resolve the problem but conceded that the PAS-controlled Kelantan government had the final say over land matters.

Meanwhile, Kota Bharu MP Takiyuddin Hassan had said Kelantan has no provision to recognise Orang Asli ancestral land.

“In Kelantan, there is no ancestral land for the Orang Asli, there has never been (a provision) in Kelantan’s land laws and it has never been gazetted.

“(However) the state government has gazetted the Orang Asli’s ‘kawasan rayau’ (foraging land) where they can farm, rear animals, and so on.

“The government will not give permission to companies for logging in areas classified as ‘kawasan rayau’,” he added.
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The Temiar have been fighting loggers for years, setting up blockades which would be demolished by state government officers or those working for private companies

Beside loggers, a more recent threat to their lands are durian plantations.

https://www.malaysiakini.com/news/460786

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https://weehingthong.org/2016/09/29/thugs-break-up-orang-asli-blockade/

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In PAS’s Kelantan: It looks like The Forestry Dept is the enemy of the Orang Asli!

BETRAYAL? By the very dept that is supposed to be on their side?

Is the Kelantan Department of Orang Asli Development (Jakoa) on the side of the Forestry Dept, too?

11 Feb 2017

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JAKOA has not washed hands off Kelantan Orang Asli

KUALA PILAH: The Department of Orang Asli Development (JAKOA) has not washed its hands off issues involving the welfare of the orang asli community in Gua Musang, Kelantan.

Director-general Mohd Jamalludin Kasbi said the department always held talks with the Kelantan Forestry Department (JPNK) and the Gua Musang district police chief on ways to resolve those issues.

“JAKOA plays a role in looking after the welfare of the orang asli and we should be informed so that we can help … but we are not involved in the issue in Kelantan … sometimes they (the orang asli community) act on their own.

“The approach we use is to submit applications through the (proper) channels, according to the rules.

“As the department which has been empowered, we have rules and we also observe the rules of other departments and those of the state government. We cannot do things any way we want,” he told reporters here today.

6 Feb 2017

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Gua Musang blockade set ablaze and torn down by bulldozers

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Temiar Orang Asli versus Kelantan Govt at the Kota Bharu High Court.

In this first customary land rights case of customary law, the Temiar are arguing that their lands cannot be given away without compensation, if they have customary land rights.

They are represented by S. Yogeswaran.

30 May 2016

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Kes orang asli Temiar lawan k’jaan Kelantan didengar: Dua wakil daripada tujuh buah kampung di Pos Bel…

Temiar Orang Asli get day in court against Kelantan gov’t

Alyaa Azhar

Today marks the first day of hearing for the land rights case of the Temiar Orang Asli of Pos Belatim, Kelantan, against the state government and the director-general of the state’s land and mines.

This is after the Court of Appeal ordered a retrial of the case almost two years ago.

Today’s hearing saw two representatives from the seven villages of Pos Belatim – Angah Along from Kampung Chermal and Hassan Alang from Kampung Belatim – giving their evidence before the judge at the Kota Bharu High Court.

Lawyer S Yogeswaran, representing the Temiar, said three more witnesses from the applicants’ side will provide their evidence at the next hearings on August 15 and 16, as well as on August 24 and 25.

Three witnesses from the Kelantan state government are also expected to provide their evidence.

The Temiar had filed the application to court, stating that they have customary rights under customary law.

This is after the Perbadanan Pembangunan Ladang Rakyat Negeri Kelantan entered into an agreement with another party to develop the land, but the Temiar were not happy as the project had encroached on their lands.

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The hunt for Pathmanathan Krishnan @Muhammad Riduan Abdullah, ex husband of Indira Gandhi…

On Jan 29, 2018, the Federal Court ruled that the conversion of Indira’s three children – Tevi Darshiny, 21; Karan Dinesh, 19; and Prasana Diksa, nine – by her ex-husband was illegal, and declared it null and void.

The Star reported Muhammad Riduan, who has been on the run since then, had taken away their youngest daughter when she was just 11 months old.

Read more at https://www.thestar.com.my/news/nation/2019/01/18/efforts-to-track-down-indira-gandhis-exhusband-ongoing-says-bukit-aman-cid-director/#GMSrAhu7oxGjCruF.99

18 January 2019
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Efforts to track down Indira Gandhi’s ex-husband ongoing, says Bukit Aman CID director

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PETALING JAYA: Efforts to track down the ex-husband of M. Indira Gandhi is still ongoing, says Comm Datuk Seri Wan Ahmad Najmuddin Mohd.

The Bukit Aman CID director said the police are actively using all resources to track down and detain K. Pathmanathan@ Muhammad Riduan Abdullah since May 30, 2014 after the Ipoh High Court issued a warrant for his arrest.

“We have also asked the public to supply information of his whereabouts and even urged the man to turn himself in.

“However, both avenues have not yielded any result,” he said in a statement on Friday (Jan 18).

The police have also informed Indira’s lawyer on steps taken to track down Muhammad Riduan, he added.

“We appeal again to anyone with information of his whereabouts to come forward as soon as possible,” Comm Wan Ahmad Najmuddin said.

https://www.thestar.com.my/news/nation/2019/01/18/efforts-to-track-down-indira-gandhis-exhusband-ongoing-says-bukit-aman-cid-director/

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29 January 2018

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Federal Court rules unilateral conversion of Indira Gandhi’s 3 children ‘null and void’


THE Federal Court today ruled that the unilateral conversion of M. Indira Gandhi’s three children to Islam is null and void.

The apex court’s five-man bench, comprising Court of Appeal president Zulkefli Ahmad Makinudin, Chief Judge of Sabah and Sarawak Richard Malanjum, Zainun Ali, Abu Samah Nordin and Ramly Ali, delivered the landmark judgment.

Zainun, who read out a summary of the judgment, said the conversion will also need the consent of both parents.

“Consent of both parents must be sought. The article should not be construed literally… (It) requires the consent of both parents.

“The constitution word ‘parent’ is a case of being lost in translation, both parents have equal rights.” – January 29, 2018.

https://www.themalaysianinsight.com/s/34933/

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24m24 minutes ago

“The court ruled that the Registrar of Muallafs (Muslim converts) had acted beyond the “limits of power” in registering the children as Muslims when conditions for their conversion were not fully met.”  

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Federal Court: Unilateral conversion of Indira Gandhi’s 3 children is null and void (updated)

PUTRAJAYA: In a landmark decision, the Federal Court here granted an appeal by kindergarten teacher M. Indira Gandhi, who challenged the conversion of her three children to Islam by her ex-husband Muhammad Riduan Abdullah.

The Apex Court on Monday nullified the conversion of her three children, Tevi Darshiny, 20; Karan Dinesh, 18; and Prasana Diksa, eight.
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On Dec 30, 2015, the Court of Appeal reversed the quashing of Indira Gandhi’s children Prasana Diksa and Karan Dinesh’s certificates of conversion, but made no ruling as to Tevi Darshiny, as she was already above 18 years old.

In a 2-1 majority decision then, the panel ruled the children’s conversion was under the jurisdiction of the Syariah Court.

On July 25, 2013, the Ipoh High Court quashed the three children’s certificates of conversion, declaring it null and void.
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Read more at https://www.thestar.com.my/news/nation/2018/01/29/federal-court-unilateral-conversion-of-indira-gandhis-3-children-is-null-and-void/#6b6PpSvVRY0wB33m.99

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The Medan Imbi building: Almost anything was possible under BN #cashisking

The area was previously a playground and open space but is now replaced with a six-storey office building and a fruit stall.

18 January 2019

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KUALA LUMPUR: The owner of the controversial building built on two plots of government land in Medan Imbi, Bukit Bintang here has been identified as Willowcrest Management Sdn Bhd, a company linked to businessman Datuk Seri Tee Yam @ Koo Tee Yam.

A search on the Companies Commission Malaysia (SSM) website showed that Willowcrest is 99%-owned by Tee Yam, while the remaining 1% is held by Eco Habitat Sdn Bhd.

The shareholders of Eco Habitat are Tee Yam (90%), with Wong Siaw Puie and Ameera Encee Koo Abdullah owning 5% each.

On Wednesday, Federal Territories Minister Khalid Abdul Samad questioned how a development order had been issued to two properties — one an office building “which looks like a six-star hotel” and the other a restaurant — in Medan Imbi when the land did not belong to either the company or Kuala Lumpur City Hall (DBKL).

This follows an internal investigation by the integrity unit of DBKL, which revealed that both pieces of land measuring 0.14ha  on Lot 568 and Lot 716 belonged to the Federal Territories Land and Mines Office.

The minister was also reported as saying that the owner of the two properties has until the end of the month to come forward.

http://www.theedgemarkets.com/article/medan-imbi-building-owner-identified#.XEEsP3wteyU.twitter

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KUALA LUMPUR (Jan 17): Political party DAP has called on Federal Territories Minister Khalid Abdul Samad to not give the company constructing the “controversial” six-storey building in Medan Imbi, Bukit Bintang, the opportunity to purchase the land, reported The Star today.

This is because an internal probe carried out by Kuala Lumpur City Hall (DBKL) revealed that the building is being developed on “two lots of land belonging to the government”.

DAP chairman Tan Kok Wai said “I don’t think the minister’s decision [in giving the option] is right, to let the owner of the building to buy over the land, which is supposed to be a park,” reported the English daily.

Tan said the lands can be returned to the authorities and made into a recreational park, which was the original plan.

He also suggested that the building can be left as it is to “serve as a reminder for future generations on the ramifications of power abuse”.

Tan queried about the “approvals” given for the construction of the building: “How did it get all the approvals for building laws and bylaws? If not, can the building continue to exist?”

Tan is also Malaysia Special Envoy to China.

It was reported yesterday that the owner of the building has been given an “ultimatum” to buy the land “or the title will revert to the rightful owners”.

“The owner has until the end of the month to contact us and suggest a solution.

“If there is no response, we assume that the owners are not interested in the buildings and the land owners can proceed to reclaim their properties,” Khalid said yesterday.

The two plots of land concerned are Lot 568 and Lot 716, with a combined space of 0.145ha and an estimated value of RM20 million.

https://www.edgeprop.my/content/1462973/dont-allow-medan-imbi-building-owner-buy-land-urges-dap-chairman?fbclid=IwAR32BHrjyjQukyE7LdTCQMz0sKHaoQu2-17jV4kTmZXEcQ0UfZXLQUN5TlQ

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KUALA LUMPUR (Jan 17): The owner of the building constructed on two lots of Government land in Medan Imbi, Bukit Bintang here still faces investigation by the Malaysian Anti-Corruption Commission (MACC) despite being charged and having paid the fine.

Federal Territories Minister Khalid Abdul Samad said the owner has been given until the end of the month to come forward and give an explanation before further action is taken.

“Whatever fines and fees paid or payable will not excuse the owner of the building from any form of investigation by the MACC,” he told reporters after launching the campaign to fly the Federal Territory of Kuala Lumpur flag at the lobby of the Kuala Lumpur City Hall (DBKL), here, today.

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The Year of the Dirty Pig is coming to Singapore. Oink oink.

17 January 2019

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No, LGE is not racist or pro Chinese in giving money to New Era College and private Chinese schools: Others also get money and in larger amounts!

16 January 2019

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PAS is cross over the cross

16 January 2019

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https://www.freemalaysiatoday.com/category/opinion/2019/01/16/the-offence-of-the-cross/

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PAS has accused the developer of an apartment building in Penang – which displayed lights in the shape of a cross – of being involved in the “Christianisation agenda”.

In a statement today, PAS information chief Nasrudin Hassan said one of the founders of Nova Mulia Development Sdn Bhd, whom he did not name, was involved in a US-based Christian business group.

“The founder and managing director of the project developer is a person who is actively involved in the Nehemiah Project and in promoting the Christianisation agenda,” he alleged.

Nasrudin was referring to Annie Choo, who was named the Nehemiah Project “rookie of the year” in 2015, according to a post on the company’s Facebook page. That page is no longer accessible as of 5pm today.

On its website, Nehemiah Project International Ministries (NPIM), which is headquartered in Oregon, describes itself as a business development and support organisation through “biblical entrepreneurship” training, coaching and access to capital.

“(Our mission is to) transform the marketplace with the gospel of the Lord Jesus Christ one entrepreneur at a time.

“Our ultimate goal is to create a community of Kingdom business stewards that provide God-honoring products and services in a God-honouring way, and are contributing to fulfilling the Great Commission,” reads the description.

Malaysiakini has contacted Nova Mulia over Nasrudin’s claims and is awaiting a response.

Meanwhile, Nasrudin also accused Penang Chief Minister Chow Kon Yeow and Nova Mulia of attempting to sidestep the issue by claiming the light from the building displayed a Chinese character instead of a cross.

“Both statements were an attempt to insult the intelligence of the rakyat… They are trying to cause provocation and ethnic tensions in Malaysia.

“The display of the large cross was intentional. They should be respecting religious sensitivities in this country,” he said.

Nasrudin also criticised Islamic Affairs Minister Mujahid Yusof Rawa’s handling of the issue. Mujahid had said he had not received any report on the matter.

“PAS urges the religious affairs minister to be stern and prevent such things from occurring. Don’t be so defensive. You look weak when it comes to defending the interest of Islam and Muslims,” he said.

https://www.malaysiakini.com/news/460460

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The offence of the cross

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Yet another brouhaha about a cross made headlines last week. A series of lights in a new residential apartment block in Penang in the shape of a cross quickly went viral. (The property developer has since clarified that the lights formed part of a Chinese character that was being tested out.)

In other countries, no one would have paid much attention to it but here it quickly becomes a big issue.

The Penang mufti expressed concern and demanded that the state government investigate whether it was done purposely or if it was a coincidence. He also requested that the lights be rearranged so that they don’t look like a cross. He went on to advise the public “to be mindful of their actions to protect the harmony of Malaysia’s multiracial society” and warned that “the Federal Constitution forbids any form of effort to promote or preach other religions to Muslims”.

Commenting on the same issue, Umno Supreme Council member Reezal Merican demanded that the state government summon the developer of the building to explain the matter, adding (according to a New Straits Times report) that “this is not an issue of non-tolerance… but what is happening is an eyesore and can cause restlessness”.

This is hardly the first time the image of a cross has sent Muslim groups into paroxysm. A few years ago, a Muslim group protested against a cross on a church wall in Taman Megah insisting that it was an affront to Muslims and an attempt to subvert their faith.

Irrational fear

The cross, of course, is not an illegal symbol even in Malaysia and neither is it a proscribed item like the black IS flag, for example. How a few lights in the shape of a cross can be seen as such a threat to someone’s faith, an affront to the position of Islam in the federation, something that causes “restlessness” in society and a danger to peace and harmony is simply incomprehensible.

And to suggest, as the Penang mufti did, that merely displaying a cross might somehow violate the constitutional injunction against promoting or preaching other religions to Muslims is utterly absurd.

Taken to its logical conclusion, it would mean that all crosses anywhere in Malaysia are ultra vires the constitution and must be removed. And what about the statues, images and icons that decorate Hindu, Buddhist and other temples in Malaysia? Would that too be seen as an attempt at trying to convert Muslims or somehow challenging the special position of Islam in the country?

To be sure, many Malaysian Muslims would take umbrage at the suggestion that their faith is so weak that it could be undermined by the sight of a cross. The Muslims I know are secure in their faith and laugh at the antics of washed-out politicians like Reezal who are constantly looking for issues to exploit. He ignored the 1MDB elephant (the largest corruption case in our history) right under his nose but he’s quick to make a big fuss over a row of lights that resembles a cross.

In any case, if the mere sight of a cross could convert anyone to Christianity, Malaysia would be a Christian country by now because crosses have been a part of the Malaysian landscape for close to 500 years.

Threats and rights

The other thing about this whole controversy is how non-Muslims are constantly being lectured about respecting the sensitivities of Muslims and warned not to do anything that undermines racial harmony.

Even presumptive heir-apparent Anwar Ibrahim recently urged non-Malays to understand the concerns of the Malays, whom he said, “felt a threat to their rights and position”.

It makes no difference, of course, that the threat that all these Malay leaders keep emphasising is more imagined than real. How on earth can the position of the Malays be threatened when the entire power structure of the country is securely in the hands of the Malays?

As I have said before, the so-called “threat” to the position of the Malays is a political construct created to keep the Malay masses subservient to Malay political elites; it is not grounded in reality but in political expediency.

Tolerance is a two-way street

In any case, isn’t tolerance and respect a two-way street? Shouldn’t people like Reezal extend the same courtesy to non-Muslims that he expects them to extend to Muslims?

Imagine the uproar, for example, if a non-Malay politician called something Islamic “an eyesore” as Reezal did when referring to the cross-shaped lights in Penang. How dare he refer to a cross in such a derogatory manner? Shouldn’t all those concerned with peace and harmony in the country take him to task for his demeaning and bigoted remarks?

Surely, maintaining peace and harmony in the country is the responsibility of all Malaysians – Malay and non-Malay, Muslim and non-Muslim – rather than just minority communities. Some would suggest that it is, in fact, incumbent on the majority to set the tone for peace and harmony in the country.

The views expressed are those of the author and do not necessarily reflect those of FMT.

https://www.freemalaysiatoday.com/category/opinion/2019/01/16/the-offence-of-the-cross/

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The anti Eric Paulsen campaign tries to paint him Anti Islam…

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The Fire Dept were supplied with non-fireproof suits for their firefighters. Horrors!

16 January 2019

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SPRM sedang dalam proses untuk menentukan jika 6,000 baju kalis api bernilai RM13.5 juta yang dibeli Jabatan Bomba dan Penyelamat (JBPM) pada 2016 merupakan barang palsu.

Menurut sumber, suruhanjaya itu menerima maklumat bahawa pakaian memadam kebakaran itu tidak dibuat pengilang yang berpengkalan di United Kingdom.

Ini kerana perolehan baju kalis api itu didakwa berasal dari sana, kata sumber.

“SPRM cuba mendapatkan (syarikat) di UK untuk melakukan (analisis) forensik .

“Kita perlu melakukan perbandingan (antara baju yang dibekalkan oleh pengilang dan baju yang diterima oleh jabatan).

“Ini kerana ada tuntutan bahawa pakaian itu tidak dibekalkan (oleh pengilang),” kata sumber kepada Malaysiakini.

Tak selamat, tak patuh piawaian

Sumber itu mengulas mengenai SPRM sedang mengusahakan kerjasama dengan UK melalui perjanjian antarabangsa, Bantuan Perundangan Bersama (MLA)
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Pemeriksaan Malaysiakini terhadap senarai keputusan tender oleh Kementerian Perumahan dan Kerajaan Tempatan pada tahun 2016 mendapati hanya satu syarikat yang dianugerahkan projek itu untuk membekalkan pakaian kalis api bomba tahun itu.

Ia menyatakan bahawa kementerian membuat keputusan dalam satu mesyuarat pada 10 Jun 2016, untuk menyerahkan projek itu kepada syarikat persendirian swasta, yang alamatnya berdaftar di Cheras, Kuala Lumpur.

Jumlah tepat untuk tender bekalan itu adalah RM13,590,000, atau RM2,265 bagi setiap unit pakaian.

https://www.malaysiakini.com/news/460489

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15 January 2019

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The MACC today confirmed that it is investigating the supply of “unsafe” fireproof clothing to firefighters in the country.

The commission was responding to a Harian Metro report which said the fireproof suits were found to have been made from flammable polyester.

“The MACC sent a sample of the fireproof clothing supplied by the contractor to the Chemistry Department which confirmed that the clothing was unsafe to use as it did not comply with the standards set by the Fire and Rescue Department,” it said in a statement today.

The MACC said it is seeking mutual legal assistance over the matter from the United Kingdom.

The report said the MACC had seized some 6,000 of the problematic fireproof suits in 2017.

They were supplied in 2016 and were worth between RM2,400 to RM2,500 a piece. Following the seizure, subsequent supplies were cancelled.

As a result, the report said the firefighters were facing a shortage of firefighting suits and had to share or use worn out ones.

The MACC clarified that its investigation does not prevent the Fire and Rescue Department from acquiring new firefighting suits.

“If there is any doubt, the Fire and Rescue Department can get in touch with the MACC,” it said.

The Harian Metro report, citing sources, said certain quarters within the Fire and Rescue Department and the Housing and Local Government had arranged for the acquisition from a particular company.

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Penang: The mystery of the blue-faced woman…

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Seremban: Beaten up at a mall, the boy is said to be in the ICU…

15 January 2019

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