Posts Tagged ‘SRC

07
Sep
18

Lawyers hail move to appoint senior counsel to handle SRC, 1MDB prosecution

Lawyers hail move to appoint senior counsel to handle SRC, 1MDB prosecution

Lawyers say Sulaiman (left) and Sri Ram bring with them a wealth of experience and knowledge to handle the cases with decorum and ethics.

PETALING JAYA: The government will be represented by two of the best legal brains when the state takes on counsel representing those charged with offences related to 1Malaysia Development Bhd, lawyers said.

They said Sulaiman Abdullah and Gopal Sri Ram brought with them a wealth of experience and knowledge to handle the cases with decorum and ethics.

The lawyers said the rakyat could be rest assured that the prosecution would be conducted fairly and effectively.

Lawyer S N Nair said Sulaiman was a fearless, reputable criminal and civil lawyer with a sharp intellect and an impeccable legal mind.
SN Nair.

“He speaks his mind as he sees fit in court. The man is a stickler for details and I have benefitted immensely from him in my legal training as a rookie lawyer,” said Nair who worked with Sulaiman in the defence of Anwar Ibrahim who was charged with sodomy in 1998.

As for Sri Ram, Nair said his prowess in law was equally formidable – both on the Bench and the Bar.

“His judgments whilst on the Bench speak volumes of his ability as a criminal and civil lawyer,” Nair said, adding that any defence lawyer, including Muhammad Shafee Abdullah who leads Najib Razak’s defence, would have their hands full.

He said the stakes were very high as the government would lose its credibility should its prosecutors fail to secure convictions against accused persons.

Nair said this in response to the surprise move by Attorney-General (AG) Tommy Thomas to appoint Sulaiman and Sri Ram as ad-hoc prosecutors to handle these cases, which will attract global media attention.

Sri Ram is a retired Federal Court judge and is back in legal practice while Sulaiman, a former law lecturer, has appeared in several public interest cases.

Thomas announced yesterday that he was stepping aside as lead prosecutor in the trial of former prime minister Najib and in the preparation of the 1MDB case and was, instead, appointing the two senior lawyers to do this.

Sulaiman will lead the prosecution team in the trial of Najib who is facing criminal breach of trust, abuse of power and money laundering charges.

The charges are related to the RM42 million allegedly deposited into his personal bank accounts from SRC International Sdn Bhd, a former subsidiary of 1MDB but now placed under the finance ministry.

Najib will face trial from Feb 12 to March 29 next year.

Sri Ram has been appointed senior deputy public prosecutor to spearhead the process of studying investigation papers , drafting charges and prosecuting any accused charged with 1MDB-related offences.

Thomas said he had come to realise he could not combine his “onerous commitments” as AG and public prosecutor – as he had to handle many and varied responsibilities as the chief legal officer in an administration undertaking various reforms – and prosecute the case as well.

Lawyer N Sivananthan said the appointments were an extremely positive development and the AG must be congratulated for being magnanimous in making this decision.
N Sivananthan.

“The government now has the benefit of having the finest legal minds to guide it in this rather complicated and unique prosecution that it is faced with,” he said.

Sivananthan, who had in the past urged the AG to consider appointing lawyers, said Thomas’s decision effectively introduced an independent and impartial decision making process.

He said the AG could make any decision on representations made by accused persons to drop or reduce charges without being in a position of conflict.

Sivananthan said the special licence given to Sulaiman and Sri Ram also removed the concerns of any conflict on the part of deputy public prosecutors in the present team who might have been privy to the previous decision making process to exonerate Najib.

Lawyer Muhammad Rafique Rashid Ali said the complex SRC and 1MDB scandal, which had engulfed the nation, had crystallised into a full-blown criminal proceeding against Najib and others.

“This will be a trial which will put Malaysia in the spotlight. Therefore. the nation’s best legal brains must be allowed to represent the government to ensure the prosecution presents water tight cases, as well as to ensure a fair trial,” he said.

Rafique said the two senior lawyers were doing a national service in not charging the government any legal fee.

He said the duo’s legal knowledge and advocacy skills were an advantage as they would also be able to read the defence’s manoeuvres and even possible questionable tactics.

…more
Lawyers hail move to appoint senior counsel to handle SRC, 1MDB prosecution
V Anbalagan
September 1, 2018 – FMT

Advertisements
15
Jun
17

Call for probe into claims that Anwar’s prosecutor got money from Najib

Call for an independent prosecutor to be appointed to probe into claims that Anwar’s prosecutor got money from Najib

I fully support PKR de facto leader Datuk Seri Anwar Ibrahim’s call for Tan Sri Muhammad Shafee Abdullah, the lawyer who successfully led the prosecution that secured his sodomy conviction, to be investigated.

Anwar made the call after allegations emerged that Shafee received RM9.5 million from the Prime Minister Datuk Seri Najib Abdul Razak in two tranches – on Sept 11, 2013, and on Feb 17, 2014.

Anwar said: “The claim by Sarawak Report that RM9.5 million of SRC International Sdn Bhd funds were transferred from Najib’s personal bank account to Shafee’s personal bank account is very serious.

“This matter urgently needs to be investigated by the authorities. What is the purpose of Najib transferring such large amount of funds to the personal bank account of a private lawyer who the Najib administration appointed to handle my prosecution?”

The Prime Minister or the Attorney-General should firstly disclose how much Shafie had cost the government and the taxpayers for engaging Shafie to lead the prosecution team against Anwar, firstly, at the Court of Appeal and secondly, at the Federal Court, when this was the task of the Attorney-General. What were the special or extraordinary circumstances justifying the appointment of Shafee as prosecutor for Anwar’s case.

The Court of Appeal on March 7, 2014, overturned the decision of the High Court in Kuala Lumpur, which acquitted Anwar, and sentenced him to five years’ imprisonment. The Federal Court on Feb 10, 2015, upheld the Court of Appeal’s conviction of Anwar.

Malaysians are entitled to know whether Najib’s RM9.5 million payment to Shafie had anything to do with the two Anwar appeal cases at the Court of Appeal and the Federal Court.

Furthermore, the Attorney-General, Tan Sri Mohamad Apani should appoint an independent prosecutor to probe into claims that Anwar’s prosecutor got money from Najib, and the integrity of Anwar’s charge, trial and imprisonment.

…more
Call for an independent prosecutor to be appointed to probe into claims that Anwar’s prosecutor got money from Najib
3 June 2017 – blog.limkitsiang.com

02
Apr
17

Deloitte wants to resign as auditor for SRC International

Deloitte wants to resign as auditor for SRC International

Deloitte Malaysia has stated their intention to resign as the auditor for former 1MDB subsidiary SRC International Sdn Bhd.

This was according to the Finance Minister Najib Abdul Razak’s parliamentary written reply to Petaling Jaya Utara MP Tony Pua.

“Based on information obtained from SRC International’s management, Deloitte had stated their intentions to resign.

“As for now, SRC International is still looking for a new auditor and until a new auditor is appointed, Deloitte is still their auditor.

“SRC International is committed to finding a new auditor to replace Deloitte,” read the written reply.

Pua had asked the finance minister to state if Deloitte was still SRC International’s auditor and when the company’s financial statements for 2015 and 2016 would be ready.

The second portion of his question was unanswered.

SRC International was established by 1MDB in 2011 to explore strategic investment opportunities in the energy sector.

The company secured a RM4 billion government guaranteed loan from Retirement Fund Incorporated (KWAP) in 2012 which was reportedly used for investments in Indonesia and Mongolia, among others.

A key figure in SRC International was Nik Faisal Ariff Kamil, a managing director of the company as well as a one-time chief investment officer at 1MDB.

The Singaporean court had heard that Nik Faisal approved the transfer of US$11.95 million from SRC International’s coffers to one Eric Tan Kim Loong, who is now said to be an alias for Malaysian businessman Jho Low.

According to The Wall Street Journal, Tan was the beneficiary of British Virgin Islands-based Tanore Finance, which had sent US$681 million to Prime Minister Najib Abdul Razak’s personal bank accounts.

SRC International had also been accused of transferring RM74 million to Najib’s bank accounts in 2014, based on documents shown to the media by attorney-general Mohamed Apandi Ali last year.

Finance Ministry Incorporated took over the reigns of SRC Interantional from 1MDB in the late 2012.

…more
Deloitte wants to resign as auditor for SRC International
20 Mar 2017 – Malaysiakini

02
Feb
17

Does AG have power to indemnify, asks Mat Zain?

Does AG have power to indemnify, asks Mat Zain?

Former Kuala Lumpur Criminal Investigations Department chief Mat Zain Ibrahim has continued to question whether attorney-general Mohamed Apandi Ali has the power to indemnify anyone.

This follows a 2011 statement when then de-facto Law Minister Nazri Aziz when answering questions in Parliament had said the AG had no power to indemnify any person against criminal action based on political considerations.

Hence, Mat Zain questioned how Apandi could clear prime minister Najib Abdul Razak of any wrongdoing with regard to the 1MDB and SRC International Sdn Bhd cases in January last year.

“The issue here is if in 2011 Nazri who spoke as a minister in Najib’s cabinet confirmed that the AG had no powers to indemnify anyone on political grounds then, where did Apandi obtain his authority or powers to indemnify Najib of any wrongdoing regarding the RM2.6 billion “donations” and SRC International.

Nazri was then responding to a question from Lim Kit Siang over an open letter by Mat Zain who posed a question with regard to RM40 million found in several bank accounts of then Malacca chief minister Rahim Tamby Chik allegedly through abuse of power and corrupt practices that was investigated by the Anti-Corruption Agency.

Mat Zain said now we have a similar situation where RM42 million from SRC International was found in Najib’s personal account.

Apandi, he added had declared Najib committed no crime.

When Nazri issued the statement in Parliament in 2011, neither did the then AG Abdul Gani Patail or members of Najib’s cabinet challenge his (Nazri’s) statement as incorrect.

This, the former top cop said was despite the fact that based on Sections 409, 409A and 409B of the Penal Code, clearly showed Najib could be charged for criminal breach of trust by public servant or agent.

“Section 409A itself stated that it is no defence even if the property or cash was duly recorded and entered in the books and accounts of any company or association or body of person whether incorporated or not,” he said.

Mat Zain said he had previously warned that Apandi would be in a position of conflict of interest situation if he were to make any decision on allegations against Najib, let alone clear the PM from any wrongdoing

“This is through the evidence that is already available in public domain,” he said.

…more
Does AG have power to indemnify, asks Mat Zain?
7 Jan 2017 – malaysiakini

26
Jan
17

1MDB, SRC alleged scams will never be properly dealt with if Umno still in power

1MDB, SRC and the bitter truth

The first exposé of the – hmm! – ‘alleged’ 1MDB colossal scam exploded 23 months ago.

The first time Malaysia’s prime minister himself, Najib Abdul Razak, was specifically named as a recipient of allegedly vast sums of money from 1MDB and SRC occurred 19 months ago.

The first time an actual method of covering up the allegedly dubious activities at SRC was revealed four months ago.

The largest kleptocracy case ever handled by the US Department of Justice has to do with the alleged thefts from 1MDB.

No fewer than six jurisdictions have investigated into the alleged theft of money from 1MDB and SRC and the laundering of the loot.

Three of the jurisdictions have taken legal action against some of the alleged culprits – humans and non-humans.

Some five dozen notable media channels around the world have published and telecast tens of thousands of words and images detailing the alleged theft of money from 1MDB.

In the Land of Endless Possibilities, the investigations into the alleged scams have been frustrated and then ordered to be terminated, only claimed to be in progress, and completed but no action has been taken to remedy the injury due to supposedly insufficient evidence.

In the Land of Endless Possibilities, requests for Mutual Legal Assistance into the matter have been allegedly ignored or rejected.

In the Land of Endless Possibilities, the alleged suspects seem to enjoy protection. In fact, it seems that two of those that have fled are, wonder of wonders, still being paid their salaries.

In the Land of Endless Possibilities, the authorities have offered only bare denials and badly woven fairy tales, whereas the foreign jurisdictions and whistleblowers have provided facts and figures to prove their contention.

In the Land of Endless Possibilities, the auditor-general’s report on his investigation into the 1MDB alleged scam has been locked out of the public’s curious eyes.

In the Land of Endless Possibilities, no questions on the alleged scam are allowed in Parliament.

In the Land of Endless Possibilities, a body of text containing some 5,200 words has been published by one party attempting to defend Najib. (There seems another installment coming.)

The claims contained in that body of text are so fantastical that although the truth can sometimes be stranger than fiction, the sheer ludicrousness exhibited has rendered the whole nothing more than the product of an addled brain.

In the Land of Endless Possibilities, it is plainer than daylight that three of the authorities that have the power to effect justice will not fulfill their obligations. These are the Malaysian Anti-Corruption Commission, the police and the Attorney-General’s Chambers.

Exercise in total futility

Therefore, it is an exercise in total futility to ask any of the authorities in the Land of Endless Possibilities to explain this and that and that other one about the two alleged scams.

Therefore, it is sheer madness to ask the prime minister to explain this and that and that other one about the two alleged scams.

They will simply show you their middle fingers. Which they have been doing, actually. In case you haven’t noticed it. That, of course, is said with my tongue in my cheek.

The bitter reality is that the alleged scams will never be properly dealt with for as long as Umno is still in power. Never. That is spelled N–E–V–E–R.

…more
1MDB, SRC and the bitter truth
Odin Tajué
4 Jan 2017 – malaysiakini

25
Jan
17

‘AG, MACC chief must explain why SRC case not prosecuted’

‘AG, MACC chief must explain why SRC case not prosecuted’

Attorney-general Mohamed Apandi Ali and Malaysian Anti-Corruption Commission chief Dzulkifli Ahmad must explain why the SRC International case was never brought to court, lawyer Haniff Khatri said.

This was after Special Operations Division director Bahri Mohd Zin, 58, opted for early retirement last Friday reportedly dejected over failure to bring the case to light.

“Apandi and Dzulkifli must give an immediate, true and transparent explanation to all Malaysians on Bahri’s statement.

“Otherwise, both must resign immediately for their part in the conspiracy to cover up a crime related to SRC,” Haniff, who is former premier Dr Mahathir Mohamad’s lawyer said.

Bahri told Malaysiakini he opted to retire because he could not serve “spider web laws” where small fries get caught but bigger players escape.

The special division Bahri headed was formed in 2010 to investigate high-profile cases, especially those involving corruption of more than RM1 million.

SRC, which was previously a subsidiary of 1MDB and now under the Finance Ministry, came under the spotlight after RM42 million of its money was found in Prime Minister Najib Abdul Razak’s personal bank account. Najib also helms the Finance Ministry.

While MACC’s 1MDB investigations were complex and involved many overseas jurisdictions – with the attorney-general refusing to issue a mutual legal assistance to the commission to work with foreign investigators – the SRC case was clear-cut as it involved mostly local entities.

The SRC money was deposited into Najib’s accounts in two transactions – on Dec 26, 2014 and Feb 10, 2015 – after being routed through two companies, Gandingan Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd.

Najib has reportedly claimed to be unaware about the money from SRC.

Apandi cleared the prime minister on both the RM2.6 billion found in Najib’s account, which was described as a donation, and the SRC cases.

Malaysiakini reported last week that the Special Operations Division had been allegedly downsized and that six of its officers who were involved in the SRC probe were transferred out of the division.

Among those transferred was Bahri’s deputy, Tan Kang Sai, thus leaving the special investigation unit without two of its top officials.

…more
‘AG, MACC chief must explain why SRC case not prosecuted’
3 Jan 2016 – malaysiakini

13
Jan
17

Six MACC officers involved in SRC probe transferred

Six MACC officers involved in SRC probe transferred

Six senior officers in the Malaysian Anti-Corruption Commission’s Special Operations Division (Bahagian Operasi Khas) who were directly involved in the SRC International investigations had been transferred out.

It is understood that the six in the crack investigation team included the division’s deputy, Tan Kang Sai.

The special division was formed in 2010 to handle high-profile cases as well as cases involving corruption of more than RM1 million.

Two from the team were transferred out in October, while the rest, including Tan, were removed this month. Some of the posts vacated by those transferred out of the special unit have not been filled.

It is understood four of them had been transferred to MACC’s investigation division, while others were transferred to state MACC offices and other government agencies.

Their transfers came in the wake of an earlier transfer at about the same time last year of BOK’s deputy public prosecutor (DPP) Ahmad Shazalee Abdul Khairi.

Ahmad Shazalee, who was the DPP involved in remanding a number of key witnesses in the SRC International probe, was initially transferred to another department in MACC, but earlier this year he was moved to the Attorney-General Chamber’s Trial and Appeals division.

Report of the DPP’s transfer, who was seconded to MACC to help in its investigation, also resulted in the AG’s Chambers lodging a report against Malaysiakini for reporting the matter.

This led to a police investigation and a raid of the Malaysiakini office where one computer was seized.

‘A blow to SRC probe’

Sources said the transfer the six MACC officers could be yet another move to further derail the commission’s investigations into SRC.

The energy company, which was previously a subsidiary of the troubled sovereign wealth fund 1MDB and now under the Finance Ministry, was probed for depositing RM42 million into Prime Minister Najib Abdul Razak’s personal bank account.

Najib was questioned by MACC on Dec 5 last year for two and a half hours. Among others, Najib has reportedly claimed to be unaware that the RM42 million in his bank account came from SRC, a company belonging to a ministry under his charge.

…more
Six MACC officers involved in SRC probe transferred
31 Dec 2016 – malaysiakini




THE Al Jazeera interview

Merdeka! Merdeka! Merdeka!

The dawn of A Better Malaysia!
Rafidah Aziz, Hannah Yeoh, Ambiga at TTDI ceramah

 

Mahathir in Putrajaya ceramah

 

What happened to 1MDB’s money? – CNBC Video
Nuclear lessons for Malaysia (Part 1) (Part 2)
BN govt is directing attention to distant past and distant future, in order to distract people from present misdeeds and poor governance
Felda - A picture is worth a thousand words
How the 1MDB Scandal Spread Across the World (WSJ)
We cannot afford ridiculously expensive RM55 Billion ECRL!
All that is necessary
for the triumph of evil
is for good men
to do nothing.

- Edmund Burke
When the people
fears their government,
there is TYRANNY;
when the government
fears the people,
there is LIBERTY.

- Thomas Jefferson
Do you hear the people sing?

Archives

Advertisements