Integriti pegawai kunci bendung penipuan kargo, kata bekas TPR

Former Deputy Public Prosecutor Devanandan S Subramaniam highlighted the importance of integrity and effective enforcement in preventing cargo theft, emphasizing that mere legal provisions are insufficient to ensure goods are released according to procedure. He noted that procedural weaknesses in customs release can lead to cargo being released even when essential documents related to ownership are incomplete or unavailable.

Devanandan pointed out that documents such as Form K1, manifests, and cargo bills need to be checked before cargo is allowed to leave the port. However, he acknowledged uncertainty about how the procedure is currently executed with electronic documents. "Integrity plays a crucial role. We can have all the necessary laws, but if officials lack integrity, incidents like these can still occur," he stated.

As a former head of commercial crime at the Public Prosecutor's Office, Devanandan shared his experience from over 20 years ago during a forum on strengthening Malaysia's downstream petroleum value chain and identifying gaps and enabling factors within Malaysia's regulatory landscape, organized by Maritime Network Sdn Bhd in collaboration with Universiti Malaysia Terengganu (UMT).

He explained that one of the main challenges for prosecutors is proving not only that documents are forged, but also that the accused knew the documents were false. He used the example of a USD2 million shipment that was supposed to be sent to Chittagong, Bangladesh, but instead was diverted to Klang Port. According to Devanandan, the shipowner then instructed the captain to change the destination to Klang Port, while the sender still held the original cargo bill as proof of ownership.

The cargo remained on board after the release officer obtained the necessary approval. Subsequent investigations found false documents, including K1 customs forms. The company's managing director was charged with using false documents, while the company itself faced a claim for receiving stolen goods. However, the case was dismissed because the prosecutor failed to prove that the managing director knew or had reasonable grounds to rely on the false documents.

Devanandan emphasized that finding a false document alone is not sufficient to prove the accused's wrongdoing if their knowledge of the deception cannot be proven. He stressed that customs officers are responsible for ensuring all documents are authenticated before cargo is allowed to leave the port or facilities under their control.

"As long as they ensure everything is in order, incidents like this will not happen," he said, adding that the use of electronic documents may change the examination process, but its effectiveness remains dependent on the integrity of officials.