Showing posts with label Altantuya. Show all posts
Showing posts with label Altantuya. Show all posts

Monday, February 9, 2015

Well Connected at Home, Young Malaysian Has an Appetite for New York


By LOUISE STORY and STEPHANIE SAUL.  Published by The New York Times on 8 Feb 2015.

In early 2010, a young Malaysian financier named Jho Low began making some very expensive real estate deals in the United States.

First, a shell company connected to Mr. Low, famous back home for partying with the likes of Paris Hilton, purchased a $23.98 million apartment in the Park Laurel condominiums in Manhattan. Three years later, that shell company sold the condo to another shell company, this one controlled by someone even more prominent in Malaysia: the film-producing stepson of the prime minister.

A similar transaction was playing out on the other side of the country. Mr. Low bought a contemporary mansion in Beverly Hills for $17.5 million, then turned around and sold it, once again to the prime minister’s stepson. (Read a summary of this article in Malay.)

Mr. Low also went shopping at the Time Warner Center condominiums overlooking Central Park. He toured a 76th-floor penthouse, once home to the celebrity couple Jay Z and Beyoncé, then in early 2011 used yet another shell company to buy it for $30.55 million, one of the highest prices ever in the building.

At the time, Mr. Low said he represented a group of investors, according to two people with direct knowledge of the transaction. Mr. Low recently told The New York Times that he had not purchased the penthouse for investors, and that it was owned by his family’s trust.

One thing is clear: As with nearly two-thirds of the apartments at the Time Warner Center, a dark-glass symbol of New York’s luxury condominium boom, the people behind Penthouse 76B cannot be found in any public real estate records. The trail ends with Jho Low.

Mr. Low, 33, is a skillful, and more than occasionally flamboyant, iteration of the sort of operative essential to the economy of the global superrich. Just as many of the wealthy use shell companies to keep the movement of money opaque, they also use people like Mr. Low. Whether shopping for new business opportunities or real estate, he has often done so on behalf of investors or, as he likes to say, friends. Whether the money belongs to others or is his own, the lines are frequently blurry, the identity of the buyer elusive.

Mr. Low’s lavish spending has raised eyebrows and questions from Kuala Lumpur to New York, where he has made a boldface name for himself as a “whale” at clubs like the Pink Elephant and 1Oak. The New York Post once called him “the mystery man of city club scene,” adding, “Speculation is brewing over where Low is getting his money from.”

One answer resides at least indirectly in his relationship, going back to his school days in London, with the family of Malaysia’s prime minister, Najib Razak. Mr. Low has played an important role in bringing Middle Eastern money into numerous deals involving the Malaysian government, and he helped set up, and has continued to advise, a Malaysian sovereign wealth fund that the prime minister oversees.

Now, that relationship has become part of an uproar gathering around Mr. Najib and threatening his already shaky hold on power. In Parliament, in political cartoons and in social media, Mr. Najib’s critics tend to argue that he is too close to Mr. Low.

Much of the concern, even in Mr. Najib’s own long-ruling party, involves questions about the Malaysian sovereign wealth fund. More broadly, though, the prime minister’s trappings of wealth and the widely broadcast tales of his wife’s outsize spending — the diamond jewelry, the collection of extravagantly costly Hermès Birkin bags — have become a focus of Malaysians’ rising unease with their government’s institutionalized culture of patronage and graft.

“We are very concerned,” Tengku Razaleigh Hamzah, a member of Malaysian royalty and an independent-minded elder statesman of Mr. Najib’s party, said in an interview in Kuala Lumpur last summer. “We want people of integrity to be up there.”

Increasingly, the glare turns to Mr. Najib’s stepson, Riza Aziz, and so to Mr. Aziz’s friendship with Mr. Low. With Mr. Low’s help, Mr. Aziz runs a Hollywood company that produced the films “The Wolf of Wall Street” and “Dumb and Dumber To.” He has spent tens of millions more on the homes in Manhattan and Beverly Hills, transactions that involved Mr. Low, The Times found.

“That’s a lot of money,” Sivarasa Rasiah, an opposition lawmaker, said of Mr. Aziz’s spending. He added, “Every U.S. report on him talks about family wealth. Family who?”

While Mr. Aziz has previously said he is personally wealthy, he declined to explain how he had acquired his money. Mr. Najib’s office, in a statement, said, “The prime minister does not track how much Mr. Aziz earns or how such earnings are reinvested.” As for the prime minister himself, the statement said he had “received inheritance.”

In a statement provided by a spokesman, Mr. Low, whose full name is Low Taek Jho, said he “is a friend of Mr. Riza Aziz and his family.” His real estate transactions with Mr. Aziz were made “on an arm’s-length basis,” he said, adding that he had never purchased real estate in the United States for the prime minister’s family or “engaged in any wrongful conduct regarding any financial matters for the prime minister and his family.”

At the Time Warner Center, The Times found, the 76th-floor penthouse, purchased through a shell company called 80 Columbus Circle (NYC) L.L.C., is one of at least a dozen that can be traced to people with close ties to current or former high-ranking foreign officials, or to the officials themselves.

According to one member of the condominium board there, while the board understood that the penthouse had been bought for investors, it did not ascertain their identities. At the Park Laurel, where Mr. Najib’s stepson owns, the board did not respond to questions about whether it had examined the financing of the purchase.

In fact, in-depth scrutiny of real estate deals is not required. International anticorruption organizations have criticized this lack of inquiry — not just by real estate brokers and condo boards, but by banks, lawyers and the federal government.

“People should ask the questions, ‘Why is it that this individual is bringing in millions of dollars into America, and how was it acquired?’” said Charmian Gooch, co-founder of Global Witness, a nongovernmental organization that works against corruption around the world.

THE MAKING OF A FINANCIER

To mention Mr. Low in Malaysia is to conjure the image of a baby-faced young man in rimless glasses and a loose black V-neck, holding a magnum of Cristal and surrounded by celebrities. But if he is sometimes derided as a tabloid party boy who once flew a group of bottle girls from New York to Malaysia, the reality is that the clubbing life, for Mr. Low, was actually a way to build a booming business managing money for his friends.

“I think a relationship with an investor is not just about managing their money well,” he said in an extensive interview with The Star, a Malaysian newspaper, in 2010. “Although it is not in my job scope, but if my friend says he wants a flight urgently to somewhere or he wants a dinner reservation at a well-known place, I’ll do my best to make it happen.” He also said, “I am usually the concierge service that arranges everything, and thus my name is all over the place.”

Around George Town, on Penang Island, where Jho grew up, the Lows were seen as a family of somewhat deflated affluence, according to several businessmen who have known them for years. The father, Larry, was an executive for an investment holding company called MWE Holdings, but he split with his partner in the mid-1990s and faded from the local business scene. Still only a teenager, Jho, the youngest of three children, emerged as the family’s best hope for the future.

There was money for education abroad, and in London, while attending the ancient and elite Harrow school, Mr. Low became friends with Mr. Najib’s stepson, Mr. Aziz, who was studying at the London School of Economics. He also grew close to Mr. Aziz’s mother, Rosmah Mansor, who stayed for months at a time in an apartment she kept there.

In college, at the Wharton School of the University of Pennsylvania, Mr. Low kept up his ties back home by running a Malaysian student group. But he also came to know the children of prominent Jordanian and Kuwaiti families. Even before graduating, he was managing money for what he later described as “my family and close Middle Eastern and Southeast Asian friends.”

After college, many of his early business deals were based in Malaysia — helping a Kuwaiti bank purchase a high-rise complex called the Oval, and bringing Middle Eastern money into the country to finance a commercial zone in the south and a new financial district in the capital. By 2007, he had formed an investment group that included a Malaysian prince, a Kuwaiti sheikh and a friend from the United Arab Emirates who went on to become ambassador to the United States and Mexico.

Two years later, he was pitching his idea for a Malaysian sovereign wealth fund. His plan was to invest public money for the public good through a fund tied to one of the country’s oil-producing states, and so he began wooing the sultan of Terengganu, who was also Malaysia’s king under the nation’s rotating monarchy.

It was all about making connections, making friends. Success, he told The Star, is “attributable to being at the right place and right time and meeting the right people coupled with a trusting relationship.”

In April 2009, those ingredients all came together for Mr. Low. The stepfather of his friend Mr. Aziz became prime minister of Malaysia.

Mr. Najib, 61, has a deep pedigree in Malaysian politics. His father, Tun Razak, was the country’s second prime minister, in the 1970s. His uncle was its third. His cousin is now defense minister.

Mr. Najib has risen through the political ranks: member of Parliament at 23; chief minister of his home state; minister of education, defense and finance; and deputy prime minister.

The family is tightly intertwined with Malaysia’s leading political party, the United Malays National Organization, whose long hold on power owes much to its close relationship with the country’s business elite. That closeness, in turn, has helped engender a culture of corruption, said Zaid Ibrahim, a former minister of legal affairs and judicial reform who served alongside Mr. Najib. Inflated government contracts are the norm, widely accepted because recipients simply turn around and donate to the party, he said.

“You know why corruption is very high in Malaysia?” he said. “It’s because the party in power is synonymous with the state.”...

Read more here: 

Wednesday, January 2, 2013

The Marginalised And The Elite



By Alyaa Azhar. Published by Free Malaysia Today on 2 January 2013.

Three members of a family in Pengerang, Johor, unable to cope with the loss of their home, committed suicide by inhaling charcoal smoke in an enclosed room yesterday. The family had received a notice informing them their home was being acquired for the controversial RM60 billion Petronas’s Refinery and Petrochemicals Development project.

They were told that they would receive only RM20,000 in compensation as the land on which their house was on was owned by another. Gabungan NGO Pengerang, a grassroots group opposing the oil plant, said the man sought help from the ruling political party, and had informed the party he wished to commit suicide.

The group’s treasurer, Chua Peng Sin, said the man, by name of Pang, suffered financial difficulties as he was earning a living helping out at a restaurant. He was forced to quit his job to care for his wife, who had suffered a stroke, and their child, who was diagnosed to be mentally disabled.



By G Vinod. Published by Free Malaysia Today on 2 January 2013.

PKR director of strategy Rafizi Ramli claimed that Deepak bought 19 types of jewellery, worth about RM13 million for the prime minister's wife. Rafizi also produced several documents, including invoices and bank payment records made to two luxury jewellery companies based in Hong Kong – Dehres Limited and Firestone Corporation Limited.

The payments for the jewellery were made by two companies linked to Deepak – Carpet Raya Sdn Bhd and Carpet Plus Sdn Bhd. Rafizi urged the authorities to investigate, alleging that the matter was nothing short of a corrupt act. He said that it would not be difficult for an agency like the Malaysian Anti-Corruption Commission (MACC) to investigate as each luxury jewellery is unique, with its own reference code. 

“For example, Deepak’s company made payment for the purchase of a diamond ring, code DR 2763, worth US$1.5 million. “So we have its code and the MACC could easily trace this matter if it hauls up Deepak for an investigation,” Rafizi said, adding that it would be difficult for anyone to forge a bank record.

Read more here: 

Friday, December 28, 2012

Malaise in Malaysia: Corruption in High Places



Posted by The Huffington Post on 27 December 2012.

It is an accepted cliché that power corrupts and is usually in reference to a country's leaders and their ability to amass private fortunes at the expense of their electorate. But the real tragedy is how corruption corrodes civil society. It creates cynicism, anger or voter apathy, with people losing confidence in politicians and therefore losing their connection with democracy. If the problem cannot be solved through the ballot box because of a corrupt electoral system, then a country is really in trouble.

Malaysia may not be in big trouble yet. While it still has a robust free press and whistleblowers are protected, the current issues have a chance to be addressed fairly. But the media is under pressure to conform and whistleblowers have been arrested instead of the corrupt officials. One of the foundations of the fight against corruption is the need to protect the messenger, and while many countries are being urged to adopt such legislation, it is only effective if respected and enforced.

Malaysia ranked 60th out of 182 nations last year in Transparency International's Corruption Perceptions Index, down four places from 2010, when 178 countries were included. Two recent scandals have rocked the establishment party of UMNO, bringing disrepute to people in high places from the Prime Minister down. The Scorpene submarines deal has exposed the hypocrisy of leaders who pledge to end corruption yet proceed as if winning elections is all about self-enrichment.

Malaysia was a signatory of the UN Convention against Corruption (UNCAC) in 2008 with a legal obligation to "prevent, investigate and prosecute" cases of international corruption. However, a complaisant majority party and judiciary allow for delays in hearings, refusals to release documents and in the case of the submarines deal, to deny that French law has jurisdiction over Malaysian transactions. The French government however, is actively pursuing its own inquiry and has released over 153 documents making it clear that apart from individuals, the ruling party (UMNO) was the biggest beneficiary, receiving commissions, bribes and support fees in the millions.

In spite of government harassment, the civil rights organization, SUARAM, is determined to uncover the truth in its pursuit for accountability and stated in a May 2012 press conference in Bangkok, that it will continue to make the results public as the case proceeds in the French Court.

Another scandal has recently become public and tarnished the reputation of a former government minister and family members when it was revealed that National Feedlot Corporation funds were misused for the purchase of condominiums using Malaysian government funds. Government patronage over the years has involved highway construction and defense contracts and a variety of other government arrangements with UMNO cronies. Prime Minister Najib Razak, who chairs the Finance Ministry Acquisition Committee, is in the powerful position of being able to award contracts and to charge whistleblowers instead as a smokescreen to protect his friends.

PKR leader Anwar Ibrahim has condemned such politically-motivated charges and his party is setting up a National Oversight and Whistleblower Centre to offer future informants protection via legal and monetary aid. Anwar promises to end corruption and dissatisfaction with UMNO and has been reinforcing the popularity of the PKR. But while the integrity of the electoral process is in doubt and the institutions responsible for anti-corruption and the rule of law have been compromised, it is difficult to foresee how the next election will play out.

It is ironic that the shining example of democracy, the U.S., has also been undergoing problems with electoral integrity, as right-wing public officials attempted to purge electoral rolls of potential Democratic electors, proving that nothing is safe, even in a democracy, if the judicial system is underpinned by a right-leaning Supreme Court.

Anwar Ibrahim is being hounded by the Prime Minister Najib Razak and the ruling party UMNO, and after surviving trumped up charges and years in prison under a previous administration, Anwar is used to having his reputation slandered by the opposition. However, the victimization is proving counterproductive as his popularity is increasing and his message of moderation, inclusion and hope is resonating with his growing coalition as well as the center.

Anwar may not yet have the following to counter the strength of UMNO, with its entrenched 20 years of patronage creating a loyal party base especially in rural communities, but he certainly has the attention of those who want to see Malaysia's democracy strengthen and mature. The educated voters of Malaysia hope that Anwar Ibrahim will be their country's next Prime Minister, leading Malaysia to an incorruptible leadership role in the global community.

Written by Dr Azeem Ibrahim, the Executive Chairman of The Scotland Institute and a Fellow at the Institute for Social Policy and Understanding.

Monday, November 5, 2012

Exploitation Of Religion For Political Gain [Part 2]


The Muslims in this country have certainly come of age. Lovingly protected by the government against the pitfalls of sin and eternal damnation, today a growing majority of Muslims are attracted to the beautiful notion of being governed by the hudud penal code and becoming a true Islamic nation.

It is wonderful to know that a Muslim NGO has called for the banning of Bollywood superstar Shah Rukh Khan’s “My Name Is Khan” movie which confuses Muslims as it promotes liberal Islam and religious pluralism. It has also warned Malaysian broadcasters against airing the hit film and called for the blocking of the distribution of the film CD.

Malay right-wing group Perkasa also called for Muslims nationwide to boycott award-winning singer Jaclyn Victor for singing the Malay-language Christian song “Harapan Bangsa”. PAS Youth has done its bit to ban Valentine’s Day, a well-known Western celebration and live concerts which promote a loose lifestyle. And now it wants to meet the King, because the MCA president refuses to apologise for purportedly insulting Islam.

PAS is also ready to hold a discussion with former Perlis mufti Prof Madya Mohd Aszri Zainul Abidin on the “Ayatollah” issue should it ever come to power. Malay bibles have been banned in the Peninsula and the government is serious to disallow Allah’s name to be uttered by non-Muslims. Maybe, the time is ripe for the Muslims in this country to have an Islamic state.

Read more here: 

The tables are now turned. The leaders of Umno and MCA are turning their respective parties into morbid supremacist parties. The very oaths they promised to uphold to create a nation based on shared ideals and ideas, they are the first to break them. They have proven to be utterly irresponsible. The recent outbursts by MCA leaders appear dangerously to reflect Hitleristic inclinations. Chua Soi Lek and his cabal of morbid anti Islam and anti-Malays are making out the Chinese as anti-Islam and yellow supremacists. Just like Hitler from his Mein Kampf, the speeches by Chua Soi Lek and leaders of his ilk, show clearly that they view racial conflict as the determining factor in Malaysian history. Race is not simply just a political issue to be used to curry the favour of the Chinese masses, but the granite foundation of Hitler’s Chua Soi Lek’s ideology. Will the majority of right thinking Malaysian Chinese identify with anti-Islam and anti-Malay MCA?

The Umno people must be blind to the emerging fact that MCA is both anti Islam and by extension anti Malay. But then you have a not so intelligent Umno president who goes around performing the obligatory prayers but who cannot give another example of an unclean mughallazah. With Najib leading Malaysia, we do not have a future. Chua Soi Lek is a racist, anti-Islam and anti-Malay. If 80 per cent of those who lived under Islamic government are poor and illiterate and that Islamic laws sanctioned the rape of thigh revealing ah-moys in short skirts, then who is the founder of all higher humanity and material advancement? Chua Soi Lek and the Chinese? That sounded to me similar to the exhortations of Hitler and his Aryan race. That all manifestations of human culture, all the results of art, science, and technology that we see before us today, are almost exclusively the creative product of the Aryan? Read MCA and Chua Soi Lek? Was that the basis for asking an additional RM 50million but in the end got RM 30 million more that Chua Soi Lek asked? So MCA and Soi Lek must be treated as coiffured peacocks? Soi Lek’s and the other MCA minions gave the inference that MCA  is the Prometheus of mankind from whose bright forehead the divine spark of genius has sprung at all times.

So Soi Lek warns Malaysians and the Chinese especially  exclude and reject him and the MCA and a few thousand years darkness will again descend on the earth, human culture will pass, and the world of Malaysians turn to a desert. The world, my dear Soi Lek, does not revolve around MCA. Because to Soi Lek; culture and civilisation in this country are inseparably bound up with the presence of the Aryan MCA. If he and MCA die out or decline, then Malaysia is doomed. Mca plans to do 8 mega fund raising dinners to strengthen its war chest.

Soi Lek and other MCA leaders say the walkout that took place when it did such a dinner in Johor was not a reflection of eroding support for MCA. Then why is Soi lek venting his anger at China Press for reporting the walkout? The fact of the matter is- support for MCA is thinning out. And MCA and its supporters know it. Rich and not so rich Chinese are no longer supporting MCA and Umno. So, MCA goes on the offensive, attacking what it sees as the one thing horrifying Chinese.

The creation of an Islamic state and the implementation of Islamic laws especially hudud. Its principal unifying theme to mobilize Malaysian Chinese is to scare Chinese of the specter of hudud and an Islamic state being established in Malaysia. That agenda says MCA, will impoverish Malaysia because 80% of the people living in Islamic countries with Islamic law are poor and illiterates. Islam will license Muslims to rape cheongsam clad and armpit revealing Chinese ah-moys.

If the Malaysian Chinese support MCA, they are identifying with a party that is anti-Islam and anti-Malay. Meanwhile neutered and eunuch Umno watches passively. — sakmongkol.blogspot.com

Read more here:

Sunday, October 21, 2012

The Murder of Altantuya Shaariibuu


Written by John Berthelsen. Published by Asia Sentinel on 18 October 2012.


It will be six years tomorrow since bodyguards for now-Malaysian Prime Minister Najib Tun Razak dragged the Mongolian translator and party girl Altantuya Shaariibuu out of a car in a patch of jungle near the Kuala Lumpur suburb of Shah Alam. As she begged for her life and apparently that of her unborn child, they knocked her unconscious, then shot her twice in the head. 

That was Oct. 19, 2006. According to court testimony, Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, members of the elite Unit Tindakan Khas, both assigned to Najib’s office, then wrapped Altantuya’s body in C4 plastic explosives and blew her up, possibly to mangle her remains so badly that the fetus would be destroyed. 

Sirul Azhar was interrogated by police shortly after the murder was discovered. He was informed that anything he said could be held against him, in accordance with the law. In his cautioned statement, as his confession was called in Malaysia, he told authorities he and Azilah had been offered RM100,000 to kill the woman and her two companions, who were causing highly public embarrassment for Abdul Razak Baginda, Najib’s best friend. The 28-year-old Mongolian woman, in a letter found after her death, wrote that she was sorry she had been blackmailing Razak Baginda, who had jilted her after a jet-setting whirl throughout Europe and Asia.

If French police records are to be believed, Razak Baginda was allegedly central to a massive bribery case in which a total of nearly €150 million in payments were steered to two Razak Baginda companies, Perimekar Sdn Bhd and Terasasi Hong Kong Ltd. 

As Asia Sentinel reported earlier this year, records seized by the French police show that former Prime Minister Mahathir Mohamad and the French Foreign Minister Alain Juppe were aware of the transactions. Memos obtained by Asia Sentinel show the French expected at least part of the money to be steered to the United Malays National Organization, Malaysia’s biggest ethnic political party. 

Sirul’s confession was never admitted in court despite its seeming legality. And, despite a 14-month trial, neither the prosecutors, the defense nor the judge asked who had offered the RM100,000 payment to the two men. Najib’s chief of staff, Musa Safri, reportedly dispatched the two policemen to pick up Altantuya and her companions, who mercifully weren’t around when the two murderers abducted Altantuya, or presumably they would have died with her, As nearly as can be detremined from official records, Musa Safri was never questioned about the matter, nor was Najib. 

This recounting is important because in recent weeks Najib’s government has embarked on a concerted legal campaign to discredit a long string of political reform and independent news organizations who have kept the Altantuya story and others concerning corruption and political misdoings alive in Malaysia. Instead, the government and UMNO leaders have accused the reformers of being the tools of the opposition Pakatan Rakyat coalition, or of foreign powers, out to destabilize Malaysia. The presumptive foreign powers are shadowy ones, sometimes German, sometimes American, sometimes Israeli, sometimes unnamed. Enormously long blogs have been written calling into question the French documents, which were published by Asia Sentinel.

But whoever these foreign powers are, they are cast as out to hoodwink Malaysia’s voters out of the government that is best for them in national elections to be held sometime next year, probably in April. This is an old story, peddled by a long string of disreputable governments across the world when reformers get too close, and it may hold sway again in Malaysia. 

But there is one incontrovertible fact. Altantuya Shaariibuu is dead, and she appears to have been killed at the behest of someone with considerable clout in Kuala Lumpur. If her dying statement to Sirul Azhar, as he recounted it in his confession, is to be accepted, she appeared to have been carrying the baby of someone, perhaps high in power in Malaysia. 

And, despite indignant denials from the powers that be, Altantuya appears to have had inside knowledge of the later events in France when Razak Baginda and Najib Tun Razak visited to deal with matters surrounding the purchase of Scorpene submarines from the French contractor DCN. 

Although pro-government critics have denied she had ever visited France, according to testimony given by Abdul Razak when he was under investigation for ordering the two bodyguards to kill Altaantuya, he himself told investigators he traveled with her to France in 2005. 

Records seized by French investigators from DCN, the defense contractor that sold Malaysia the submarines, bear that out, According to French investigators’ records, Abdul Razak Baginda and Altantuya met with Jean Marie Boivin, the alleged French fixer who helped to organize “commissions” for friends in high places to pick DCN’s submarines on that same trip. Boivin arranged to pay for a jaunt by Altantuya and Abdul Razak to Macau.

Najib has sworn on the Quran that he never met Altantuya, although she was in France at the same time as he was, accompanying Najib’s best friend, Abdul Razak Baginda. On June 11, 2005, Najib gave a press conference after having visited the site where the Scorpene submariners were being trained. 

“As a maritime nation, (the) acquisition will give our navy the added capabilities,” he told the media. Earlier, in the port city of Brest, Najib visited a naval base where Malaysian navy submariners were training, and, according to the log of an Australian submariner association, presented jackets made available by Perimekar – Abdul Razak Baginda’s company – to the crew.

Back in Kuala Lumpur when it was realized that Altantuya was missing, her cousin lodged a police report and sought help from the Mongolian embassy in Bangkok. The Malaysian police found fragments of bone, later verified as hers, in forested land near Shah Alam. The honorary Mongolian consul in Malaysia was given a packet of pictures of Altantuya in Paris, apparently recovered from her hotel room. She had posed in front of the Louis Vuitton headquarters and a variety of other Paris sites. Altantuya’s cousin said she had been shown a picture of the dead woman at a dinner with Najib. If it existed, it was not included in the packet made available to the Mongolian consul, who forwarded the rest of them to Asia Sentinel.

After the arrest of Razak Baginda and the two policemen, there ensued a carnival of a trial in a Malaysia high court, in which prosecutors were switched at the last minute; in which Abdul Razak Baginda was acquitted without having to put on a defense; in which nobody in Najib’s office was called to testify about who offered to pay the RM100,000; in which Sirul’s confession was never introduced, nor was he asked about any of the facts in it; in which nobody ever asked why immigration records for Altantuya and her two companions disappeared; why or how the two policemen were able to get their hands on C4 plastic explosives available only to the military in the bid to destroy her body. The honorary consul was never asked who gave him the pictures, nor if there others that might have shown more than just her.

On Feb. 3, 2009, Sirul pleaded with the court not to sentence him to death, describing himself as "a black sheep that has to be sacrificed" to protect unnamed people. "I have no reason to cause hurt, what's more to take the life of the victim in such a cruel manner .... I appeal to the court, which has the powers to determine if I live or die, not to sentence me so as to fulfill others' plans for me." 

Eventually the two bodyguards were convicted and packed off to prison. They launched appeals, then other appeals. Their appeals were supposed to have been heard in February this year, eight months ago. Mysteriously their appeals have been delayed. They were supposed to be heard in August. They have been delayed again, and the suspicion is that they will be delayed until after the next election, or perhaps forever. 

Altantuya Shaariibuu continues to await justice. Birnam Wood still may come to Dunsinane.

Wednesday, October 10, 2012

French lawyers debunk Bernama report on Scorpenes hearing



Written by  Stan Lee, published by Malaysia Chronicle on 9 October 2012.

It looks like Prime Minister Najib Razak and his Umno party are pulling out all stops to convince Malaysians that the Scorpenes corruption trial in Paris is a mere figment of the Opposition's imagination.

With the 13th general election looming and the stakes high, resolving the public perception that Najib had pocketed a massive illicit kickback is a necessity if he is to to be assured of a comfortable win over arch rival Anwar Ibrahim, who leads Malaysia's Pakatan Rakyat opposition front.

On Monday, quoting a 'prominent' French Government prosecutor Yves Charpenel, national news agency Bernama reported that Yves had denied there was an 'ongoing trial in France'. "I am aware about all the fuss kicked up by certain media (organisations) in Malaysia over this matter but what I can say is that this is nothing more than a trial by the media," Bernama reported Yves as saying. "A trial is a trial with all the rules. Investigation is another thing."

Contradictory

Whether Yves was accurately quoted and reported in the right context remains to be seen. However, William Bourdon, the French lawyer acting for Malaysian NGO SUARAM has debunked the Bernama report.

"Yves Charpenel's statement is absolutely contradictory with the current investigations. The Tribunal deGrande Instance has convened a criminal inquiry of which SUARAM has been accepted as a civil party since March 2012," Bourdon, who was deported from Malaysia when he came to brief his client last year, said in a statement released by SUARAM late on Monday night.

"Upon completion of the inquiry will the investigating judge make the decision of whether the case goes to full trial. It's the investigating judge that makes the decisions not the prosecutor. To our knowledge the current prosecutors in charge of the case have not made any such statements as suggested by Charpenel. The two Judges, Roger Le Loire and Serge Tournaire continue their investigations on the Scorpene inquiry”.

Najib and the Umno-led federal government had hammered through a RM7.3 billion purchase of 2 Scorpene submarines from DCNS in 2002 despite public protest that the ships were unsuitable for the shallow local waters. There was also uneasiness over the exorbitant price tag.

In 2010, SUARAM lodged a complaint with the French authorities, resulting in the current investigative trial against DCNS. The French naval giant is believed to have paid Najib and his Umno party an illegal kickback worth at least 114 million euros to secure the sale of the two submarines to the Malaysian government. The payment was allegedly made through a firm controlled by Najib's close friend Razak Baginda.

Guilty conscience? Why so SCARED?

The Umno-controlled press has repeatedly insisted that there was no proof of any wrongdoing but Najib and his administration have failed to convince Malaysians, largely because they kept rebuffing all efforts by civil society groups to hold a public inquiry.

The latest attempt to make Najib and Umno account for the murky deal is an invitation by Opposition Leader Anwar Ibrahim to the lawyers of both Suaram and DCNS to come to Kuala Lumpur and brief the Malaysian Parliament on the case.

"I refer to the above ongoing judicial inquiry at the Tribunal De Grande Instance in Paris presided over by Judge Roger Le Loire and Judge Serge Tournaire into the complaint by SUARAM. a Malaysian human rights non-governmental organization alleging that corrupt and illegal payments were made by the French suppliers DCNS and Thies and their joint venture company Armaris to Malaysian citizens and officials in relation to the purchase of the submarines in 2002 which were at the material time authorized by the then Malaysian Defence Minister and current Prime Minister Datuk Seri Najib Tun Razak. where payments of up to 700 milliom ringgit were received by companies (Perimekar Sdn Bhd and Terasasi) owned by his adviser and close associate, Abdul Razak Baginda," Anwar wrote in his letter dated October 2, 2012.

"I am informed that you are representing the interest of DCNS in the above inquiry. As Leader of Opposition in the Malaysian Parliament. 1 have on this same date issued an invitation to the lawyers acting for SUARAM viz Messieurs William Bourdon and Joseph Breham to deliver a briefing on the status and development of the inquiry to interested Malaysian Members of Parliament during this current session of the Malaysian Parliament which will run until 22" November 2012. I will be inviting all members of the Malaysian Parliament to attend this briefing. As the allegations are in respect of the conduct of DCNS. I am of the view that it is appropriate that you are also invited to attend in order that interested Members of Parliament may also hear from DCNS."

Najib's penchant for false public relations and media spin

However, Defense Minister Zahid Hamidi has been quick to object to the invitation on the grounds that the acquisition had followed "legal procedure". Umno-linked groups too have rushed to shoot down Anwar's invite, rather illogically accusing him of trying to sabotage the nation by inviting "foreign interference" in domestic affairs.

In response, opposition leaders have expressed disappointment and concern over the "desperation" revealed by Najib, accusing him of doubletalk as he had just last week vowed to rid Malaysia of corruption and even donated RM1 million to the Vienna-based International Anti-Corruption Academy (IACA).

"The proof of the pudding is in the eating. If Najib and Umno are innocent, let the lawyers from both sides - DCNS as well as SUARAM - come to Malaysia and clarify everything to Parliament. But obviously, this is what Najib and Umno fear most. Their reaction is very revealing," PKR vice president Tian Chua told Malaysia Chronicle.

"As for the Bernama report, they could have twisted Yves Charpenel's comment - we don't know. But what we do know is that in the wake of the Bersih 3.0 rally in April, the Umno-controlled media tried to discredit Australian Senator Nick Xenophon by accusing him of describing Islam as a criminal organisation rather than a religion. Then there is Najib's contract with FBC Media and US poison blogger Josh Trevino. The fact is Najib has the worst record of abusing the media than any other leader. He has given Malaysia a really bad name overseas. Let's see if the Yves Charpenel report will blow up in his face."

Investigative trial stage: Different system, witnesses will be subpoenaed

Tian was referring to Xenophon, a member of the international observer team invited by Bersih to assess if its demands for electoral reform were reasonable. The Australian leader had expressed shock at the Malaysian police brutality towards peaceful Bersih protesters during the April 28 demonstration for clean polls.

For his chiding comments, the Umno-owned NST had deliberately misquoted a speech he made to the Australian Parliament back in 2009. In fact, Xenophon had not referred at all to Islam, but had instead been criticizing Scientologists and their money-raising tactics. The newspaper just substituted the word Islam instead of Scientologist.

As for UK-based consultancy FBC Media and blogger Josh Trevino, both have been disgraced and dropped by various top international media including BBC and the Guardian for not disclosing they had underlying deals to churn out false positive publicity for Najib and Sarawak Chief Minister Taib Mahmud.

Indeed, going through the latest Bernama report and the Yves Charpenel quotes, it is evident that all the French prosecutor may have said was that the Scorpenes case had not gone into FULL trial yet but was still at the investigative trial stage.

This is actually in line with all the disclosures made by Bourdon and SUARAM so far. In fact, SUARAM has made it very clear that what was now taking place was an investigative trial, overseen by 2 investigative judges. The French judiciary system is different from the British, on which Malaysia's own legal system is based.

Sinking with Najib & the Scorpenes

Industry practitioners question whether Bernama had led Yves on by asking whether a full trial was now ongoing. Hence his denial. The Malaysian news agency could then have written up its report to highlight Yves' denial, but deliberately omitting to put into full context his statement.

But as Bourdon pointed out, the investigative trial is in full swing and the first witness already subpoenaed to take the stand to answer all the queries the investigative judges wish to make on the case.

Apart from Najib's foreign media consultants and the NST, Bernama too has attracted controversy of late. Just weeks ago, it was forced to deny it had 'doctored' photos depicting a much larger crowd at Najib's recent Hari Raya open house so as to give the impression that the PM was more popular that he really is.

However, due to the angry reaction of the Malaysian public and the slew of 'photo-shop mistakes' pointed out by netizens, Bernama's chief editor had no choice but to finally admit the photos had indeed been "tampered" with.

Saturday, September 8, 2012

Were the 5 charges against Suaram company politically motivated?


By Teoh El Sen. Published by Free Malaysia Today on 8 September 2012.

Pro-establishment Malay rights groups demanded to know why Suaram was registered as a company, Suara Inisiatif Sdn Bhd, with a paid-up capital of RM2. Jaringan Melayu Malaysia (JMM) and Perkasa have accused the NGO of being funded by foreign powers to “destabilise the peace of the country”.

The Companies Commission of Malaysia (CCM) then raided Suaram’s offices and found that the company was suspected of having breached the Companies Act 1965 for carrying out activities unrelated to the purpose of its establishment as a business.

More recently, Germany’s Ambassador to Malaysia, Dr Guenter Georg Gruber, admitted to channelling funds to Suara Inisiatif to finance specific project initiatives. In response, Foreign Minister Anifah Aman asked for an explanation of the funding, saying that it could be “seen as interference in the domestic affairs of a sovereign state” because the Malaysian government considers Suaram to be politically-biased.

Suaram has consistently denied any wrondoings and in defence, claim that the timing of the checks were clearly “political” as the NGO has been aggressively highlighting the suspected corruption in the Scorpene scandal, which implicates Prime Minister Najib Tun Razak.

Suaram adviser Kua Kia Soong has revealed that Suaram receives money from Finland, the United States, Canada and various state governments in Malaysia, as well as donations from citizens. He argues that Suaram was a registered company as the authorities have traditionally made it difficult for vocal NGOs to be properly registered as a society.

Read more here:
http://www.freemalaysiatoday.com/category/nation/2012/09/08/un-rep-ok-for-ngos-to-receive-foreign-funding/
Even the Malaysia government received foreign funding but nobody has accused it of being a 'foreign agent', argues United Nations Special Rapporteur, Maina Kiai.

http://www.freemalaysiatoday.com/category/nation/2012/09/08/suaram-company-to-face-five-charges/
Domestic Trade, Cooperatives and Consumerism Minister Ismail Sabri Yaakob said the Companies Commission of Malaysia (CCM) has identified five charges under the Companies Act 1965 to be made against Suara Inisiatif Sdn Bhd (Suara Inisiatif)... He said the action taken against Suara Inisiatif was not politically motivated, but because of the offence it allegedly committed.

Sunday, July 31, 2011

Scorpenes graft: Official Secrets Act must make way for Freedom of Information



Published by Malaysia Chronicle on 31 July 2011. By Maclean Patrick.

The Freedom of Information (FOI) Act is indeed a step in the right way for a government to be transparent and accountable to the people it serves. It allows the people of a nation to have knowledge on the dealings of the government it has installed to look into its welfare.

Yet in Malaysia, the Official Secrets Act (OSA) may go head to head with the proposed FOI Act. The Official Secrets Act (OSA) passed in 1972 states, “any document specified in the schedule and any information and material relating thereto and includes any other official document, information, and material as may be classified as ‘Top Secret’, ‘Confidential’, ‘Secret’, or ‘Restricted’, as the case may be, by a minister, the Menteri Besar or Chief Minister of a state or such public officer appointed under section 2B”.

In 1983, a provision was added to the OSA that makes it an offense to not report anyone seeking official Information. If charged for not reporting foul play, the accused will face an $8600 fine and/or a 5-year prison sentence.

Under the OSA, the government can classify any document as “Secret” and this is a point of contention for the FOI Act. By implementing the FOI Act, the provision that allows this has to be removed and replaced with instead by a list of documents that can be classified secret.

The Schedule to the Act covers "Cabinet documents, records of decisions and deliberations including those of Cabinet committees", as well as similar documents for state executive councils. It also includes "documents concerning national security, defence and international relations"

Over the years the OSA has been used against bloggers, public documents such as toll concessionaires, water rates by a private water utility and a 433-page report of recommendations on how to fix the police force.

It is because the OSA is open to abuse by those in power, that it either has to be abolished or redesigned to allow for greater transparency and with a better classification to what can and cannot be considered state secret. With this the FOI Act can work, allowing the general public access to what and how the government is using public funds and to how the decisions came about.


Read more:

http://www.malaysia-chronicle.com/index.php?option=com_k2&view=item&id=16811:scorpenes-graft-official-secrets-act-must-make-way-for-freedom-of-information&Itemid=2

Saturday, April 11, 2009

Look, Ma! No Mens Rea!

Establishing Motive
By Hakim Joe

Malaysian Today. Saturday, 11 April 2009 16:44

One of the general orthodox principles in criminal law is intent. However, in criminal jurisprudence, motive is only paramount to the investigation of the case before trial as the relevance of a defendant's intentions to his or her criminal liability cannot exculpate someone who has committed a criminal act.

However, motive and intent are part and parcel of the same felony as both are construed to be referring to whether the individual plans to commit an act that is defined as a crime. The conventional opinion is that motive and intent is inconsequential after a crime has been committed. It does not matter what the reasons are for someone to commit a crime but that he or she is culpable of that particular offence.

Yet motive is critical in establishing blameworthiness. For example, the Law states that it is a crime to kill another human being. What if the defendant killed in self-defense? Will the defendant suffer the same consequences as someone who kills for money, revenge, fun or on orders from a superior? Justice will therefore not be served if motive is disregarded completely.

In the case of the Altantuya murder, the prosecution has proven beyond a doubt that the two defendants were guilty as charged. It would have taken a shorter court time to prosecute if their cautioned statements were admissible but what about motive thence? The two defendants did not possess any motive or intent to commit murder. Yes, monetary rewards were spoken of here but as Corporal Sirul Azhar Umar's statement remained inadmissible, the requirement to investigate who was offering this "reward" becomes insignificant to the court. The prosecution is therefore only concerned about proving guilt.

Someone has been killed and the perpetrators will be punished accordingly. It is besides the point that the two defendants belong to a civil enforcement agency or that they could have been formally ordered to terminate the victim. Owing to the fact that this case involved a lot of high profile people, the news is being carried by quite a few international media. While it can be said that justice has now been served with the death sentences, a few pertinent questions remain unanswered.

Both defendants did not know the victim when she first arrived in this country. They were both ordered to "assist" RB in this case, which was when they first encountered the victim. The person doing the ordering must have a motive here as no official police report was lodged by RB. Did this person, who happens to be the ADC to the PM (DPM during the time of murder), know the victim beforehand? Negative, as it was established from RB that he only seeked assistance from the ADC when he could no longer stand the victim's harassment anymore. Did this ADC therefore voluntarily decide to help his friend by ordering the two defendants to look into the case or was he impelled to doing so by some higher authority? That was never established, as the ADC was never summoned to appear in court. It was therefore never questioned during the trial who was offering the reward, if any, for services rendered.

What about the expunging of the victim's immigration records to show that she has never legally entered this country? Police officers do not have the capability or authority to perform this action but yet it was accomplished accordingly. We are now talking about two distinct branches of the civil service being involved – the police and the immigration department, and this plot to commit murder and to cover the tracks later could only have been completed by someone possessing the authority to involve both the two mentioned civil services.

Why an investigation into this conspiracy was never initiated only causes to reinforce this fact. Additionally, why the ADC was never called up in court points to the fact that the AG's chambers is also involved and that makes three different civil services, not two, that are implicated in this plan to suppress the motive from ever being revealed. Without an official investigation into the motive, the real murderer remains anonymous.

Moreover, why did the court deem Corporal Sirul's cautioned statement inadmissible? Such a written statement can only be rejected by the court in order to protect the defendants and since there was no indication of it being illegally obtained by force, why then the decision to make it inadmissible?

As Corporal Sirul has later admitted in court that the victim's jewellery were kept "at his house after he has murdered her", it would point out that his cautioned statement is legally admissible under Section 27 of the Evidence Act. However, even the defendant's admittance to committing the crime was expunged from court records as the Judge deemed it prejudicial to the defendant.

What we have here are no longer three civil services but four that is abetting in this conspiracy to end this case here without the requirement to reinitiate another investigation. Without establishing motive, the sentencing of the two accused becomes the reason for closing this file permanently.

Who are these people seen to be protecting then? Well, RB was never that important a figure to have involved four civil services coming to his aid even though he was eventually acquitted. That is a fact.

Unless the two accused did the crime on their own volition without incentive or orders from any third party, it can be adduced that they were acting as professional killers and this can be demonstrated by the fact that Corporal Sirul's cautioned statement indicated a monetary payment after the job is satisfactorily completed.

If that was the rationale and the basis for assumption, then who was the one doing the hiring and why was it so important that the victim needed to be disposed of in the manner that it happened?