MAS, the $20m Gatekeeper

MAS only a Gatekeeper and "We don’t own the cargo complex".

MASKargo senior general manager Datuk Ong Jyh Jong said they were merely the “zone authority” for the complex.

“We don’t own Kompleks Kargo Udara Kedua. Our task there is gatekeeping, ensuing the goods passing the zone have all the right documentation and those who work there are authorised personnel.”

He said they also provided security coverage within the cargo complex perimeter but not on the premises belonging to Federal Express, DHL, Klas and 21 other freight forwarders operating within the cargo compound.

He said Malaysia Airports Holdings Berhad owned the complex while Dynaview managed the premises of those operating there.

Nobody is at fault, you see!!!

For $20m per annum, they get gatekeeping job and all they do is to provide security coverage at the perimeter - that means, only employing "Jaga" (security guard); nothing else.

"Park at your own risk; Store at your own risk"

Read the contract carefully. It's full of exclusion clauses and absolutely no liability. However, Common Law has distinguished it and they cannot claim exceptions if there is negligence or omission to act. There is a duty of care principles to adhere to.

An interesting report was in the NST.

The blame game has started.

The Airfreight Forwarders Association of Malaysia (AFAM) and MAS had a face-off over the heist, NST report.

AFAM blames MAS for their lack of security measures at the cargo complex. MAS however claimed they cannot be held responsible as the complex does not belong to them and that they are only in charge of security at the entrance and exit points.

WHO THEN IS IN CHARGE OF SECURITY AT THE COMPLEX?

MAS senior GM (cargo) Ong Jyh Jong pointed out that the heist had not taken place at the MASkargo Complex in Penang, but rather at the Second Air Cargo Complex (SACC) in Batu Maung.

"We are merely the zone authority at the SACC and the premises do not belong to us. We only play the role of gatekeeper at this complex," he said. "Our responsibility is to monitor incoming and outgoing goods. We ensure the documents are in order and the goods match the items on the manifests. "We also monitor people who go in and out of the SACC, ensuring they have the proper security clearances," Ong said.

AFAM chairman Walter Culas said the Ministry of Finance had appointed MAS as the Free Commercial Zone (FCZ) authority at the Penang airport in 1996. "Therefore, MAS should be responsible for all entries into the zone. "How can MAS say that they will leave it to the authorities to decide who is responsible for the robbery? Under the Free Zones Act 1990, MAS is responsible for everything that goes in and out of the free zone area. "The issue is the main guard house at the entrance as the robbers were allowed to drive straight in without security checks."

He accused MAS of trying to wash their hands off the robbery when it was allegedly negligence on their part which contributed to the heist.

"Nothing was done, the identity cards of the two truck drivers were not even checked by the security guards when the robbers drove in," Culas claimed.

"They should be held accountable for what happened at the entrance because there is only one entry and exit point at the SACC," Culas said.

THE ISSUE OF IMPLEMENTING THE ELECTRONIC CARGO PROCESSING SYSTEM

Ong said that MAS had tried to have an electronic system installed but this move was contested by AFAM in court. MAS had wanted to charge RM5 for each cargo processing fee. AFAM rejected it. Culas replied that the subject of the electronic system was totally irrelevant to the heist. AFAM would like to categorically mention the issue of tracking cargo has nothing to do with the latest robbery at Batu Maung.

Over the past years, AFAM had highlighted the urgent need to have better security facilities such as CCTVs, tighter security procedures for movement into cargo facilities, an alarm system and the installation of a direct hotline to the nearest police station. All these were ignored.

ON THE WARNING FROM AFAM ON THE BIG ROBBERY

Ong confirmed that MAS head of security Jeff Nor Jetty had received the warning from AFAM but said there was nothing specific which made it difficult for them to take effective action. Culas said AFAM took their own initiative to tighten security measures at the MASkargo Complex in KLIA after they received the anonymous tip-off.

Ong later said an ‘operations order’ had been issued to security personnel to be more vigilant.

AFAM’S CLAIMS THAT ANYONE CAN GO INTO THE COMPLEX WITH A WAVE OF A HAND

Ong said that such a statement was uncalled for as MAS had stringent security measures at the Kuala Lumpur International Airport Cargo Complex. Culas said he would stand by the claim as he was speaking from experience and had personally gone to the MASkargo Centre in Bayan Lepas, Penang and been allowed entry after waving his hand at the security guards.

"Ask any freight forwarder in Penang and they will verify my claim. It is a fact of life and the same thing was going on at KLIA until last year following the RM4 million LCD heist in October. "The current stringent security measures were only implemented after last year’s heist," he said.

Ong later replied that MAS begged to differ on this claim saying it was not so casual. The guards were trained security personnel.

It is a fact of life - just wave your hands at the security and .... semua OK!

Coming back to the question: Who actually is at fault? Act of God? Ask Samy Vellu.