Integriti pegawai kunci bendung penipuan kargo, kata bekas TPR

Former Attorney-General's Chambers deputy Devanandan S Subramaniam highlighted the critical role of integrity and effectiveness in preventing cargo fraud at a recent forum. He explained that the responsibility of customs officers lies in ensuring all documents are certified before cargo is allowed to leave the port. According to him, weaknesses in customs release procedures could lead to cargo being released even if crucial documentation related to ownership is incomplete or unavailable.

Devanandan noted that documents such as Form K1, manifests, and cargo bills must be checked before cargo is authorized to leave. However, he acknowledged that it is unclear how the procedure is conducted now with the use of electronic documents. "Integrity plays a role. We can have all the laws we need, but if officials lack integrity, things like this can still happen," he added.

As a former head of commercial crime at the Attorney-General's Chambers, Devanandan spoke about his experiences in investigating cargo fraud over 20 years ago. He emphasized that the main challenge for prosecutors is to prove not only that documents were falsified but also that the accused knew the documents were false. He used the example of a cargo valued at around USD2 million that was supposed to be sent to Chittagong, Bangladesh, but instead was diverted to Klang Port.

According to him, the cargo originated from Belawan, Sumatra, but the ship charterers then instructed the captain to change the destination to Klang Port, while the ship owner still held the original bill of lading as proof of ownership. According to him, the cargo remained on board after the releaser obtained the required clearance.

Subsequent investigations found falsified documents, including the customs Form K1. The company director was charged with using falsified documents as bait, while the company itself faced charges of receiving stolen goods. However, the case was dismissed as the prosecutor failed to prove that the company director knew or had reasonable grounds to believe in the falsity of the documents in question.

Devanandan stressed that finding a falsified document alone is not enough to prove the accused's guilt if knowledge of the deception cannot be proven. He stressed that customs officers are responsible for ensuring all documents are certified before cargo is allowed to leave the port or territory under customs control. "As long as they ensure everything is in order, things like this will not happen," he concluded, adding that the success of electronic document use may depend on the integrity of the officials.