Of invisible hands and clueless politicians and Heat is on in battle for Wanita chief post

Dear Editor

We refer to the above two articles published in The Malay Mail of Friday 27 September 2013 in which references were made to National Feedlot Corporation and Datuk Seri Shahrizat Abdul Jalil in bad light.

In the articles, the terms such as “scandal” and “they fear the National Feedlot Corporation (NFC) case involving Shahrizat’s husband will affect the movement’s future path, with the possibility of more scandals cropping up before the next general election”, were published.

We write to clarify.

  1. First, the MACC had on 31 May 2012 cleared Datuk Seri Shahrizat Abdul Jalil from any involvement in NFCorp and the NFC project. MACC operations evaluation panel (PPO) chairman Tan Sri Dr Hadenan Abdul Jalil was quoted to have said in a Malaysian Insider report, “The decision to award the contract to the company and to award the loan do not involve her.”
  2. Despite this finding from the highest authority, editors and journalists continue to link NFCorp and Datuk Seri Shahrizat Abdul Jalil unfairly.
  3. There are three separate entities here that need to be understood – NFC, NFCorp and Datuk Seri Shahrizat.
  4. Auditor General Tan Sri Dato’ Setia Haji Ambrin Buang in a letter to NFCorp clarified, “Perkara yang menjadi fokus utama pengauditan prestasi yang dijalankan oleh JAN ialah pencapaian projek Pusat Fidlot Nasional (PFN) sejak penubuhannya pada tahun 2006 dan bukannya National Feedlot Corporation Sdn. Bhd. (NFCorp.) sebagai sebuah syarikat. In addition, the AG in clarifying the melodrama and the misreporting that ensued, said,“Jika dibaca keseluruhan LKAN 2010 itu, tidak ada pun disebut perkataan-perkataan seperti kucar kacir, ‘in a mess’ atau pun penyelewengan. Perkataan ini digunakan oleh pihak-pihak lain di luar kawalan Jabatan Audit Negara. Perkara ini telah saya jelaskan dalam kenyataan akhbar saya pada 25 Januari 2012.”
  5. The Auditor General had clearly stated in his report that he had audited Pusat Fidlot Nasional (PFN) and which translated reads National Feedlot Centre, a government project under the Ministry of Agriculture and Agro-Based Industry. The Auditor General who audits only the government machinery does not and did not audit private limited companies such as National Feedlot Corporation, established through the Companies Commission of Malaysia.
  6. However, the similarities of their acronyms “NFC” for the two entities above have led to much of the confusion. Which was why, the Auditor General in his 2010 report had distinctly distinguished the entities as PFN and NFCorp. In the translation of PFN into English by both the opposition and the media, the acronym “NFC” was used and which implied both are one and the same.They are not. NFC is a government project. NFCorp is a private limited company. And as the MACC puts it, Datuk Seri Shahrizat is not involved with these entities.
Posted in 2013, September, Statements |

Police reports lodged on Rafizi and Zuraida for abuse of Auditor General’s 2010 report

NFCorp Press Conference

KUALA LUMPUR — Police reports have been lodged against MP for Pandan Mohd Rafizi Ramli and MP for Ampang Zuraida Kamaruddin who had deliberately abused, distorted, and exploited the Auditor General’s 2010 report through media statements that led to the businesses of National Feedlot Corporation Sdn Bhd (NFCorp) and its related companies, ruined.

Media statements by the two PKR MPs based on conjecture and distortion had not only riled the public but it had also alarmed the government, financial and business communities, and led to the assets of NFCorp and its related companies frozen, and banking facilities withdrawn by financial institutions.

In uncovering evidence of the abuse, lawyers representing NFCorp and its related companies Wan Shahrizal, Hari & Co have advised chairman Datuk Seri Dr Mohamad Salleh Ismail to lodge the police reports as the Auditor General’s 2010 report had clearly spelt the performance of the Pusat Fidlot Nasional (PFN) under the Ministry of Agriculture and Agro Based Industry (MOA) and not NFCorp, a private limited company.

Rafizi Ramli and Zuraida Kamaruddin had in a news conference on 1 November 2011, misrepresented beef production expectations. Rafizi claimed that 330,000 heads of cattle were expected in 2010 when according to the Implementation Agreement signed between the Government and NFCorp, a cumulative 246,000 heads of cattle were only expected four years later in 2014 when the contract farmers under the Entrepreneur Development Programme (EDP) and NFCorp came into full swing.

xFAI_3827xThe AG’s audit had been based on the parameters of the signed Implementation Agreement (see table enclosed) and not on overall statistics of a Government national policy posted on the web that Rafizi had plucked to defame and discredit NFCorp.

The Auditor General’s Report had reported that the PFN did not meet expectations but Rafizi, Zuraida and the opposition insisted that it was NFCorp that did not meet the expectations.

In the accusations, Datuk Seri Shahrizat Abdul Jalil was also made to answer her role in NFCorp by the opposition for the PFN’s shortcomings. In May 2012, the MACC had cleared Datuk Seri Shahrizat and that she had nothing to do with the project. The opposition, in particular Rafizi and Zuraida, however continued to slander her in political ceramahs and statements despite an ongoing court case in which Datuk Seri Shahrizat is suing both Rafizi and Zuraida.

In Rafizi Ramli’s blog posted on 1 November 2011, Rafizi had said, “Oleh kerana Dato’ Seri Shahrizat Jalil masih belum bersuara dalam perkara ini, seperti yang dijanjikan minggu lepas, KEADILAN akan menganjurkan satu rombongan menjejaki lembu di Pusat Fidlot Kebangsaan pada hari Khamis 3 November 2011 dengan diketuai oleh YB Aminuddin Harun (ADUN Sikamat), Saudara T Kumar (Timbalan Setiausaha Agong) dan Saudara Fariz Musa (Ahli Majlis Pimpinan Pusat) untuk meninjau sendiri prestasi Pusat Fidlot Kebangsaan.

Lawyer Wan Shahrizal Wan Ladin said, “This move by Parti Keadilan to challenge the findings of the Auditor General Tan Sri Dato’ Setia Haji Ambrin Buang was high-handed. The AG had presented the facts and Rafizi had seen it fit to dispute the audit on PFN with an unauthorized visit to NFCorp’s premises in Gemas, Negeri Sembilan.”

The AG whose task is to audit only government ministries, departments and agencies, had relied on sources from the MOA for its audit on the PFN as stated in his 2010 report.

“Pengauditan ini meliputi aspek perancangan, pelaksanaan dan pemantauan terhadap projek PFN. Semakan terhadap dokumen dan fail yang berkaitan telah dilaksanakan di Bahagian Industri Tanaman, Ternakan Dan Perikanan dan Bahagian Pengairan Dan Saliran Pertanian, Kementerian serta Bahagian Pembangunan Komoditi Ternakan, Jabatan Perkhidmatan Veterinar (JPV). Di samping itu, temu bual dengan pegawai yang terlibat serta lawatan ke tapak PFN juga dilakukan.” (Appendix I)

National Feedlot Corporation Sdn Bhd, a private limited company registered under the Companies Act 1965, was not and never audited by the AG whose jurisdiction did not include. Another company awarded the beef project Lamberts Agricultural Trade (M) Sdn Bhd, also a private limited company, was similarly not audited.

Wan Shahrizal added, “The deliberate distortions and manipulation created by the two and the opposition were politically motivated and aimed at outraging the public, derailing a national food security project to reduce beef imports, as well as jeopardising the creation of 310 contract farmers under the Entrepreneur Development Programme (EDP).

“It was also aimed at ridiculing and undermining the Prime Minister and his government, and at damaging the operations of NFCorp and its related companies. More importantly for the opposition, it was to bring down a Federal cabinet minister and UMNO Wanita chief who commands a voting population of 1.3 million members.”

“We have lodged police reports on Rafizi Ramli and Zuraida Kamaruddin, and will soon be issuing Letters of Demand to commence legal action for both to answer for the damage they have caused to the plaintiffs from abusing, distorting and exploiting the AG’s 2010 report,” added Wan Shahrizal Wan Ladin.

The AG’s news release issued 25 January 2012 had clarified, “Perkara yang menjadi fokus utama pengauditan prestasi yang dijalankan oleh JAN ialah pencapaian projek Pusat Fidlot Nasional (PFN) sejak penubuhannya pada tahun 2006 dan bukannya National Feedlot Corporation Sdn. Bhd. (NFCorp.) sebagai sebuah syarikat.” (Appendix II)

Despite the detailed clarity of the MOA’s PFN performance in the AG’s 2010 report, the opposition continued to mislead the public that NFCorp was to be blamed and held responsible.

Zuraida Kamaruddin insisted, “The entire national cattle-farming project is still in a ‘mess’, regardless of who said it. It’s still in a mess, whatever they say and going by the books,” (The Malaysian Insider – 26 January 2012).

Tan Sri Ambrin in his letter to NFCorp had written to clarify, “Jika dibaca keseluruhan LKAN 2010 itu, tidak ada pun disebut perkataan-perkataan seperti kucar kacir, ‘in a mess’ atau pun penyelewengan. Perkataan ini digunakan oleh pihak-pihak lain di luar kawalan Jabatan Audit Negara. Perkara ini telah saya jelaskan dalam kenyataan akhbar saya pada 25 Januari 2012.” (Appendix III and Appendix II)

Datuk Seri Dr Salleh said, “Rafizi and Zuraida capitalized on the AG’s report on PFN and abused it to attack NFCorp, and especially Datuk Seri Shahrizat Abdul Jalil for their political gain to win the GE13. The opposition’s blogs have also continued to slander her incessantly.”

In a separate matter, NFCorp and its chairman have filed a writ of summons in the High Court of Kuala Lumpur against Rafizi Ramli, Free Malaysia Today (FMT), its editor and reporter for defamatory remarks published in an article in FMT dated 9 July 2013 entitled ‘NFC’s RM163 million ‘burnt’.

Another suit against Rafizi Ramli and MalaysiaKini for defamation in respect to the purchase of KL Eco City properties had also been filed. Case management for this matter is set for 13 September 2013.

NFCorp Production Schedule

NFCorp Production Schedule

ABOUT PUSAT FIDLOT NASIONAL (NATIONAL FEEDLOT CENTRE)

The Pusat Fidlot Nasional (PFN) or National Feedlot Centre (NFC) was set up by the Government as a concept zone to meet the goals and objectives in accordance with the National Meat Policy (Ruminant Sector) 2006. They include to develop the National Feedlot Centre concept for commercial and integrated cattle feedlot farming; to establish a beef production system through contract farming with a sustainable and integrated chain of product marketing throughout Malaysia; and to establish an integrated supply chain for beef production involving downstream and upstream activities through companies such as National Feedlot Corporation Sdn Bhd.
To facilitate the attainment of these objectives, the Government and National Feedlot Corporation agreed that the scope of the project would include NFCorp having the mandate to undertake and develop the Project including monitoring, guiding and nurturing contract farmers; subject to existing laws, both parties shall jointly facilitate free movement of any livestock cattle and/or beef for the project throughout Malaysia; and the parties shall cooperate with each other to encourage local cattle farming to progress towards self-sufficiency level of 40% of the total local beef production, increase local beef production in Malaysia, and consequently reduce the importation of sub standard beef so that it meets the objectives of the National Meat Policy.
The PFN/NFC’s success hinged on a government-built Export Quality Abattoir (EQA) capable of slaughtering 350 heads of cattle a day which according to the Auditor General’s 2010 Report had been suspended by the government in May 2009 pending the findings of an independent viability and business model study commissioned by the government. Without an EQA, the slaughter of cattle in large numbers was not possible.
According to the Auditor General, UPM Holdings was appointed to conduct the study in June 2009 which was completed and tabled to the government on 5 April 2011. To date, the government EQA has yet to be constructed to fulfill the aspirations of the government’s National Meat Policy (Ruminant Sector) 2006.

Posted in 2013, August, Releases |

NFCorp clarifies terms of sale

nfcmeatworkspc

No variations to the terms of the sale and purchase agreement

KUALA LUMPUR — Following aspersions, distortions, and fabrications on the terms of sale of National Feedlot Corporation Sdn Bhd (NFCorp) by certain quarters, its Chairman Datuk Seri Dr Mohamad Salleh Ismail today clarified that statements made recently by an opposition MP were inaccurate and untrue.

At a news conference here today, Datuk Seri Dr Salleh said, “The terms of the sales and purchase agreement between NFCorp and Kirimitonas Agro Sdn Bhd would see the latter purchasing the entire shares of NFCorp and its related companies, and accordingly take over all the assets and liabilities which include the RM250 million loan with the Government of Malaysia.”

“NFCorp has no knowledge whatsoever of any variations to the original terms and conditions in the agreement, and neither has the buyer informed our clients anything to the contrary.”

Lawyers acting for NFCorp Wan Shahrizal Wan Ladin of Wan Shahrizal, Hari & Co said that letters of demand against the parties for defamation have been issued.

Corporate lawyer acting closely on the SPA between the buyer and seller Datuk Feroz Moidunny of Feroz & Co added, “There is no stripping of assets whatsoever in the deal as claimed by the opposition. The assets and liabilities of NFCorp are part and parcel of the sale agreement between the NFCorp and Kirimitonas Agro.

“Kirimitonas Agro has agreed to undertake the full repayment of the RM250 million loan.

“It is therefore not true for the opposition to claim that the government is unlikely to get back the balance of RM163 million as claimed by the opposition.” Continue reading

Posted in 2013, Releases, September |

NFCorp sues PKR Strategy Director Rafizi Ramli and MalaysiaKini

mkrrback

MEDIA STATEMENT BY

WAN SHAHRIZAL WAN LADIN
LEGAL COUNSEL, WAN SHAHRIZAL, HARI & CO

NFCorp sues PKR Strategy Director Rafizi Ramli and MalaysiaKini

KUALA LUMPUR — National Feedlot Corporation Sdn Bhd (NFCorp) chairman has filed a legal suit against the Parti Keadilan Rakyat Strategy Director and MP for Pandan – Mohd Rafizi bin Ramli, and MKini Dotcom Sdn Bhd – owner of news portal MalaysiaKini in the High Court of Kuala Lumpur on 3 June 2013.

Case Management before deputy registrar Puan Siti Nur Shafrida binti Hashim came up today.

The suit is for damages suffered by the plaintiffs as a result of lies, misleading information, exposure of confidential banking information and slander by the defendants.

On 7 March 2012, Mohd Rafizi Ramli had claimed in a media news conference held at the PKR headquarters that eight loans had been taken for the purchase of KL Eco City properties at the peril of a government loan deposit placed at the bank. Continue reading

Posted in 2013, Statements |

BAFIA charges against Rafizi Ramli should stand firm

If BAFIA is allowed to be breached under the pretext of whistle blowing, the very stratum of banking collapses

Dear Editors

We refer to various news reports that have emerged following the remarks made in parliament by YB Datuk Seri Mohamad Nazri Abdul Aziz, Minister in the Prime Minister’s Department that in NFC’s case, “Rafizi Ramli is not a whistleblower but a trumpet blower”.

We wish to comment as well as state the facts.

Under the Whistleblower Protection Act 2010, a bona fide and a genuine whistleblower should report anything he thinks bordering on criminality or other wrongs to the appropriate authorities first to allow for them to take action. By doing so this way, we have a situation where there is a bona fide whistleblower and the integrity of BAFIA would be protected. Continue reading

Posted in 2012, November |

NFCorp welcomes Attorney General’s statement

The legal defence team for National Feedlot Corporation Sdn Bhd (NFCorp) has welcomed the Attorney General’s statement reported in the New Straits Times (NST) of 20 October 2012.

It was reported, “In an immediate response, Gani said a ‘thorough investigation’ had been done to cover all forms of criminal breaches.”

“The investigation did not reveal criminal breaches as far as the Agriculture and Agro-based Industry Ministry is concerned.” Continue reading

Posted in 2012, October |

Attorney General must be fair and thorough

We refer to the media coverage following the release of the Auditor General’s 2011 Report with regards to National Feedlot Corporation (NFCorp). In the Auditor General’s report, it has been stated that the Ministry of Agriculture, Ministry of Finance and the Attorney General’s Department are contemplating civil action against NFCorp.

NFCorp wishes to clarify that the alleged breach by NFCorp (which is denied) needs to be examined thoroughly in all fairness to the parties. Continue reading

Posted in 2012, October |

Auditor General audited Pusat Fidlot Nasional, not NFCorp

We refer to several erroneous news reports on National Feedlot Corporations Sdn Bhd following events with the Auditor General and the Public Accounts Committee recently.

Please allow us to clarify on three concerns.

First, the Auditor-General (AG) does not audit private limited companies incorporated under the Companies Commission of Malaysia. The AG clarified this in his media statement of 25 January 2012 that the Jabatan Audit Negara (JAN) had audited the Pusat Fidlot Nasional (PFN) / National Feedlot Centre (NFC), a project under the Ministry of Agriculture and Agro-Based Industry. The AG had stated that the JAN did not audit National Feedlot Corporation Sdn Bhd (NFCorp), the company.

(http://www.audit.gov.my/index.php?option=com_content&view=article&id=104&Itemid=108&lang=ms)

Second, the claims by Rafizi Ramli on allegations of abuse and mismanagement in the company after irregularities were pointed out in the last Auditor-General’s audit report, is incorrect and false. As confirmed by the AG, NFCorp was never audited. Rafizi misled the media and public with his statements tantamount to ‘absolute fitnah’ on NFCorp.

Third, the directors of NFCorp wish to clarify that they had not purchased luxury properties from the funds of the government loan. Nor had the directors leveraged from it. Rafizi’s claims that loans were taken for eight office lots at KL Eco City based on this premise, is absolutely false. There has been no abuse whatsoever. No loans have yet been taken for KL Eco City. The documents distributed by Rafizi were for other private loans taken for properties in Phileo Damansara and Plaza Damas in 2005 and 2008, several years before KL Eco City was launched for sale in 2011. They are not connected to KL Eco City. NFCorp was not even established in 2005.

As for the properties in 1 Menerung, these are the assets of the company acquired after the government had deferred the construction of an Export Quality Abattoir (EQA). Clause 12 of the Loan Agreement has allowed for the purchase of properties. The properties are tenanted with income paid directly to the company. These properties are not the personal nor private investments of the directors.

As such, Rafizi Ramli and the opposition are not to be believed for their fabrications, distortions and misrepresentations.

Posted in 2012, October |

BAFIA charges should stand strong, clear abuse by Rafizi Ramli

We refer to the news coverage surrounding Rafizi Ramli’s application for BAFIA charges to be dropped reported yesterday.

In the coverage, lawyer N Surendran was quoted to have told reporters outside the court, “It also goes against public policy because what Rafizi has done is to expose abuse of public funds.”

National Feedlot Corporate Sdn Bhd (NFCorp) wishes to state that the financial bank documents distributed by Rafizi Ramli in violation of BAFIA at his news conference of 7 March 2012, were bank balance summaries of deposit accounts, loan accounts and the personal account of its chairman.

The loan accounts were not connected to NFCorp. They were personal loans taken in 2005 (long before NFCorp was established) and 2008 (long before even KL Eco City properties were launched for sale in 2011) but which Rafizi had said were taken for the purchase of KL Eco City office lots.

The NFCorp deposit account is free from any encumbrances and is not at risk in any way as it is not connected to the personal loans taken in 2005 and 2008. Continue reading

Posted in 2012, September |

Lawyers obtain leave to challenge notice

We refer to news coverage that reported lawyers assisting Shamsubahrin Ismail – Latheefa Koya and Murnie Hidayah Anuar had recently obtained from the High Court to challenge notices issued by the Malaysian Anti Corruption Commission (MACC).

The lawyers claimed that they were assisting Shamsubahrin to give his statement in relation to his corruption allegation against NFCorp executive chairman Datuk Seri Dr Mohamad Salleh Ismail.

NFCorp wishes to clarify as follows –

i.      this case is actually DPP VS Shamsubahrin bin Ismail, and NFCorp appears as a witness for the DPP and not for any other reason

ii.    there is no other outstanding matter between the MACC and NFCorp

Posted in 2012, September |