Questions are being raised in cyberspace, in the wake of the two MBs syndrome in Perak, about the ominous silence from the Malaysian Anti-Corruption Commission (MACC) on two reports lodged last year on July 3 and Aug 11 by lawyer Kong Hong Ming, a former PBS leader, against a controversial half billion ringgit road construction project in Sabah where Gamuda Bd was reportedly involved as a sub-contractor.

Lawyer Raja Datuk Seri Eleena Raja Azlan Shah , 48, the daughter of the Sultan of Perak, has a major stake in Gamuda Bhd through her interest in Generasi Setia (M) Sdn Bhd.

The first report called upon the then ACA (Anti-Corruption Agency), “to investigate any corrupt practices or abuse of power committed in the implementation of a road construction project – the 179 km Jln Sapulut in Pensiangan to Kalabakan in Tawau – by the Federal Government through the JKR (Public Works Department).”

Sapulut is a town along Sapulut River in the interior of Sabah. The 1713m Gunung Antulai is located about five kilometres from the town. Near the town is the Batu Punggul limestone massif and cave, a popular spot for eco-tourists.

However, a search of the Gamuda website drew a blank for the Jalan Sapulut to Kalabakan project.

Kong, in making the report, provided “some documents for the purpose of investigation”.

“However, I am uncertain whether any investigation has been carried out. The ACA officers were professional and courteous to me at least during my first two visits to the ACA office in Tawau,” explained Kong.

“But I was surprised that on another occasion, while I was there, a male staff was not so happy to accept my report on related matters.”

The thrust of Kong’s complaint is that the design and build contract for the RM565 million Jln Sapulut to Kalabakan project specified a permanent bituminous road with a sealed pavement.

Instead, the complaint goes, the Federal Government only completed a standard gravel road “wholly contrary to the design and build contract for a bituminous road”.

According to a list of EIA (environmental impact assessment) done by Sinoh Environmental Sdn Bhd, the contractor is listed as Konsortium FA–Irama Duta .

The company apparently focuses on building highways and bridges to residential communities, commercial and institutional buildings and heavy civil engineering works.

Original road already a gravel road

abdul ghapur salleh In an interview with Utusan Online last year, after he was returned unopposed as the Kalabakan MP, Abdul Ghapur Salleh mentioned the Jln Sapulut to Kalabakan project was begun in 2005 and would be completed sometime this year at a total cost of RM700 million.

“Before the design and build contract, the existing road was already then a very good gravel road built and used by timber operators for logging activities,” Kong pointed out in his report.

“It is just too plain and obvious when inspecting the newly-completed retaining structures and concrete roadside drains which are already in such a deplorable condition.”

“It is a crime to allow such shoddy workmanship and inferior work on this expensive project. What was the basis for the Federal Government to accept the road as practically and satisfactorily completed?”

Kong adds that the project was more than just a serious wastage and abuse of public funds but “a case of an outrageous and scandalous wrongdoing” which had deprived all Malaysians, especially those in Tawau, from having a good system of road networks for their social and economic development.

“Those who were responsible for the suffering of the people must be held accountable for the tragic loss of public funds and blatant abuse of power,” demands Kong. “It will be even more outrageous for us if the MACC were to ignore the report.”

In short, Kong was virtually complaining that those involved in the contract took the money and left the Jln Sapulut to Kalabakan project no better then when they first took it over i.e. as a gravel road. The project “was completed” sometime early last year and the contractor has since demobilised from the site, presumably after the standard six months complaints period ended.

The contractual obligations of the contractor in a design & build contract require the company:

(1) To provide the design, scope of work and specifications to be approved by the Federal Government; and

(2) To build according to the approved design, scope of work and specifications.

Apparently, in a design & build contract like that for Jln Sapulut-Kalabakan, the contractor is not permitted to amend or vary the design and scope of work. In a nutshell, the contractor must complete the work in full conformity with the approved design and scope of work without any variations.

Kong’s Aug 11 report last year at the ACA office in Tawau was a repeat of his earlier report on July 3 which did not seem to persuade the anti-graft agency to move into action.

Kalabakan, a parliamentary seat which borders East Kalimantan has a population of 115,000 spread over three state seats i.e. Sebatik, Tanjung Batu and the largely Iban area, Merotai.

The Jln Sapulut to Kalabakan project, it was promised, would shorten the distance to several areas along the east coast especially Lahad Datu and Semporna, compared with the old Jalan Sandakan-Tawau road.

The Pan Borneo Highway was expected to be almost completed during the 9th Malaysia Plan (2006-2010) period with the sealing of Jln Sapulut-Kalabakan, the southern east-west link, along with Jln Keningau-Kimanis and Jln Sipitang-Tenom.