My email to Y.B. Datuk James Ratib - Varsha Integrity Programme
Dear Y.B. Datuk James Ratib,
I am writing in response to your recent remarks at the Varsha Integrity Programme, as reported in the press, where you raised concerns about "dishonesty without intent" in the public sector. While I commend your commitment to fostering integrity and accountability through initiatives like the Varsha Integrity Programme, I respectfully disagree with the notion that certain instances of dishonesty in public service can be classified as unintentional. Drawing from my ongoing experience with governance issues at the Vistana Heights development in Kota Kinabalu, I believe some actions reflect deliberate misrepresentation or negligence that cannot be excused as lacking intent. Below, I outline specific examples to illustrate my concerns, which undermine public trust and contradict the integrity you advocate.
Alteration of DBKK Meeting Minutes
I have encountered discrepancies in the meeting minutes provided by Dewan Bandaraya Kota Kinabalu (DBKK) regarding the Vistana Heights project.
Specifically, minutes from a May 5, 2025, meeting were updated on July 21, 2025, with changes in wording about the development plan and a retaining wall for Lot S9. These alterations, which included incorrect platform heights (e.g., 101 feet changed to 106.26 feet), were not minor clerical errors but substantive changes that could mislead stakeholders about the project’s compliance. Such modifications, especially when unsigned by key officials like Sr. Lifred Wong, raise questions about transparency and accountability. I find it difficult to accept that altering official records in this manner could be unintentional, as it suggests either deliberate manipulation or gross negligence, both of which demand scrutiny.
Certification of a Non-Existent Retaining Wall
A critical safety issue at Vistana Heights involves the certification of a retaining wall behind houses S1 to S18, which was mandated in the 1997 and 2018 development plans but appears not to have been constructed. Despite this, DBKK issued an Occupancy Certificate based on a completion certificate for the retaining wall and slope protection, signed by engineers and DBKK directors. This certification, which contradicts physical evidence and poses safety risks like potential soil collapse, has devalued properties and endangered residents. Certifying a non-existent structure critical to safety cannot reasonably be classified as "without intent," as it implies either intentional deceit to favor the developer, Topwira Corporation, or reckless oversight by public officials. Either scenario reflects a failure of governance that warrants investigation.
Discrepancies in As-Built Surveys and Platform Heights
Further compounding these issues are inconsistencies in the as-built surveys for Vistana Heights, notably by Jurukur Terra Firma, which I believe were fabricated to secure the Occupancy Certificate. My complaint to Lembaga Juruukur Sabah (LJS) on December 15, 2022, remains unresolved, and LJS’s reliance on unverified claims in their correspondence suggests a lack of due diligence. These discrepancies, coupled with DBKK’s inaction despite over 100 emails sent since 2022, point to systemic failures that are difficult to attribute to mere oversight.
Unaddressed Safety Hazards and Illegal Modifications
The steep driveways at Vistana Heights, particularly for house No. S9, S11, S2 and S2A render standard vehicles unable to access the property, a problem persisting since the Occupancy Certificate was issued in October 2019. Additionally, illegal driveway extensions by homeowners onto Lorong Puncak Vistana 1 have created road hazards, yet DBKK has taken no action despite my complaints. These issues, combined with the absence of a mandated retaining wall despite a 1997 amendment order and a 2014 assurance from the developer, suggest a pattern of neglect or willful avoidance by public authorities, which undermines the public trust you emphasized as critical.
Your statement that “dishonesty without intent” tarnishes the public service’s image is valid, but the examples above suggest that intent or gross negligence cannot be easily dismissed. These actions have caused financial losses, safety risks, and a profound erosion of trust in public institutions. I urge you to reconsider framing such issues as unintentional and to advocate for thorough investigations into these matters, potentially involving the Malaysian Anti-Corruption Commission (MACC). The Varsha Integrity Programme’s objectives of strengthening governance and raising awareness are commendable, but they must translate into concrete action to address these systemic failures.
I respectfully request your intervention to ensure accountability at DBKK, LJS, and other relevant agencies. Specifically, I seek clarification on why discrepancies in official documentation were allowed, why a non-existent retaining wall was certified, and why repeated complaints have gone unanswered. I am prepared to provide further evidence, including emails, meeting minutes, and survey documents, to support a formal inquiry.
Thank you for your dedication to fostering integrity in public service. I trust that your leadership will drive meaningful reforms to restore public confidence and ensure justice for affected residents like myself. I look forward to your response and any actions you may take to address these concerns.
Yours sincerely,
Luqman Michel
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