Monday, 15 August 2016

PERINGATAN - Melindungi pengkhianat adalah jenayah





Sidang akhbar bersejarah ini diadakan pada 25hb Januari 2016, lebih kurang tujuh bulan yang lalu, di  pejabat Peguam Negara Malaysia Putrajaya. 

Kandungan sidang akhbar ini diketahui seluruh dunia tetapi sehingga kini ramai yang masih mempertikaikan keputusan Apandi Ali yang dikatakan bertindak lebih sebagai peguambela orang yang disyaki (Najib Razak) daripada tugas hakikinya sebagai peguam negara. 

Dengan bukti-bukti baru yang dikemukakan Kerajaan Amerika Syarikat mungkin Apandi akan membaca kembali kenyataan beliau tempohari kerana isunya bukan sekadar kredibiliti Apandi sebagai peguam negara tetapi juga berkisar dengan kelakuan jenayah melindungi penjenayah.

Kelihatan disebelah kiri Apandi Ali (dalam rakaman video diatas) adalah Datuk Dzulkifli Ahmad (yang memeriksa teks kenyataan yang dibacakan peguam negara dengan teliti). Ketika sidang akhbar ini diadakan pada bulan Januari yang lalu Dzulkifli bertugas dibawah Apandi di Jabatan Peguam Negara. 

Kini Dzulkifli adalah Ketua Pesuruhjaya Suruhanjaya Percegahan Rasuah Malaysia. Perlantikan Dzulkifli memang telah dijangka sejurus selepas sidang akhbar di-atas. 

Jangan terkejut dengan amaran terbaru Dzulkifli, khususnya yang ditujukan kepada penjawat awam, kerana itu adalah tugas terbaru beliau. Saya pasti Dzulkifli sedar bahawa ramai yang sedang memerhatikan beliau secara dekat, dari dalam dan luar SPRM. 

Untuk makluman, Najib Razak adalah penjawat awam.    


p/s 

Bersubahat melindungi jenayah juga adalah jenayah, lebih-lebih lagi jika yang bersubahat itu adalah mereka yang diamanahkan untuk menegakkan undang-undang yang termaktub dibawah Perlembagaan Malaysia. Pastinya hukuman bagi jenayah melindungi kesalahan jenayah akan lebih berat jika yang cuba dilindungi itu adalah pengkhianat negara.



Sunday, 31 July 2016

TMJ : What is your message to the PM ?


Tengku Mahkota Johor - Bearer of the Rakyat's message
Well, the much revered Tengku Mahkota of Johor Tengku Ismail Sultan Ibrahim has made it public that he would be meeting Prime Minister Najib Razak, the infamous Malaysian Official 1, for tea on August 12, 2016. 

The TMJ revealed this during his casual chat with Harith Iskander on the Obviously Harith Iskander live show over Asto Awani last night.

If you listen carefully the TMJ also said "If you all have any message (that) you want me to pass to him... you can see me after the show".  

The time code of this gem of a message is from 34:30 to 35:10. Go listen again. Do listen to the whole episode too, its really worth your time.
Ampun Tuanku. I'm aware that your Highness' offer to be Royal messenger could be a limited one that applies only to those who were present in the studio but would Tuanku please consider making it available to all Malaysians ?  

Ampun Tuanku. Judging from the current state of affairs in our beloved  country I'm very sure there are millions of other Malaysians who are very keen to send their heartfelt wishes and messages to Datuk Seri Najib Tun Razak. 

Ampun Tuanku. Malaysians are generally excited simply because, if our wish is granted, the bearer of the Rakyat's Message will be none other than Brigadier General Tunku Ismail Ibni Sultan Ibrahim. 

Ampun Tuanku beribu-ribu ampun, sembah patik mohon diampun. 



p/s

Readers who have been posting long Messages to the Prime Minister in my previous posts, please redirect your messages/queries here. Please be civil or your message/query won't be published. Thank you.



Saturday, 30 July 2016

1MDB scandal - Challenge the US Attorney General if you are innocent

The consequences of Justo’s leaks are still reverberating around the world. When the US Department of Justice laid out the case against 1MDB last week, it pulled no punches. “The Malaysian people were defrauded on an enormous scale,” said Andrew McCabe, the FBI’s deputy director. US officials told the Guardian that any party who wanted to contest the attorney general’s claim must file a response in a federal court within 60 days to answer the factual allegations. The Guardian 
Loretta Lynch the brave AG
Well the US officials' statement in The Guardian sounds very fair, clear and could easily be understood by a 10 year old kid. Those who are not happy with US attorney general Loretta Lynch could challenge her in a court of law. 

Claims of kleptocracy, money laundering, fraud and implied treason following the US Department of Justice / FBI's joint investigations on 1MDB-linked crimes could be contested in a court of law. 

To begin with Prime Minister Najib Razak, who is the thinly-veiled Malaysian Official 1, should instruct his lawyers to file a response in a federal court (I suppose in the US) within 60 days. 

You can file it on Monday without having to wait for another Tuesday, if you have anything factual to prove that Lynch is wrong.  

I'm sure Najib could seek help from the local Legal Aid Bureau or the Malaysian Bar Council if he feels that his lawyers are not competent enough to stand straight when facing Lynch the US Attorney General.

Malaysian Official 1, if you don't file a response just zip it. We have had enough of your shadow play and outright lies. 

Just to recap below are recordings of Lynch and her fellow investigators press conference during which the 1MDB-linked kleptocracy was unveiled, as the biggest in US history. Listen carefully to the choice of words used to explain the crimes against Malaysia and Malaysians.

Actually Rosmah Mansor's son Riza Aziz and his buddy Jho Low who were named in the DoJ civil suit together with another Arab conman could start filing their response at a federal court in the US if they still happen to be partying in the US. I'm not sure if you could file a response in a US court while drowning your sorrows in a fortified bungalow in KL. No harm trying though.
Riza the stepson 
p/s 

Just remember that Loretta is not Apandi Ali and Apandi Ali is not Loretta. Btw, how many Tuesdays are there in 60 days from the 20th of July?



Friday, 29 July 2016

Remember Xavier Andre JUSTO ?

Many will have to pay for this heinous crime. Not only Najib, Jho Low, Riza and the bunch of thieves and traitors but the others who knowingly became accessory to this despicable crime. The list would certainly include all those who wanted us Malaysians to believe that Justo was the bad guy who wanted to 'topple democratically elected Government' The Malaysian media, particularly those who packed lies as exclusive reports will also have to pay a very heavy price. 

Imagine what would have happened to us Malaysians if both Justo and Claire Newcastle Brown are as intelligent as the entire Malaysian Cabinet ? 

The Malaysian Cabinet is made up of politicians from 13 political parties representing a cross section of the society and ALL of them fully support Najib Razak, the infamous #MalaysianOfficial1

The ruling coalition Barisan Nasional is made up of 13 different parties and NOT a single entity made up of Umno, Umno and Umno. 

p/s Malaysia owes both Claire and Justo, no doubts about that.


1MDB: The inside story of the world’s biggest financial scandal


On 22 June 2015, Xavier Justo, a 48-year-old retired Swiss banker, walked towards the front door of his brand new boutique hotel on Koh Samui, a tropical Thai island. He had spent the past three years building the luxurious white-stone complex of chalets and apartments overlooking the shimmering sea and was almost ready to open for business. All he needed was a licence.
Justo had arrived in Thailand four years earlier, having fled the drab world of finance in London. In 2011, he and his girlfriend Laura toured the country on a motorbike and, two years later, they got married on a secluded beach. The couple eventually settled down in Koh Samui, a tourist hotspot, just an hour’s flight south of Bangkok. After trying out a couple of entrepreneurial ventures, Justo eventually decided that he would go into the hotel business. He bought a plot with an imposing house and began building: adding a gym, villas and a tennis court.


That June afternoon, he was expecting a visit from the tourism authorities to sign off on the paperwork. Instead, a squad of armed Thai police burst through the unlocked door, bundling Justo to the groundThe officers tied their plastic cuffs so tightly around Justo’s wrists that he bled on the dark tiled floor. The police quickly moved into his office, ripping out the computers and emptying the filing cabinets.
After two days in a ramshackle local jail, Justo was flown to Bangkok and paraded before the media, in a press conference befitting a mafia kingpin. Still wearing shorts and flip-flops, he was flanked by four commandos holding machine guns, while a quartet of senior Royal Thai Police officers briefed the assembled reporters on the charges against him.
Justo was charged with an attempt to blackmail his former employer, a little-known London-based oil-services company named PetroSaudi. But behind this seemingly mundane charge lay a much bigger story.
Advertisement
Six months earlier, Justo had handed a British journalist named Clare Rewcastle Brown thousands of documents, including 227,000 emails, from the servers of his former employer, PetroSaudi, which appeared to shed light on the alleged theft of hundreds of millions of dollars from a state-owned Malaysian investment fund known as 1MDB.
The documents that Justo leaked have set off a chain reaction of investigations in at least half a dozen countries, and led to what Loretta Lynch, the US attorney general, described last week as “the largest kleptocracy case” in US history. - 
For a detailed narrative of this #MalaysianOfficial1 #1MDB scam to scheme Malaysia, go HERE.
It beats common sense why members of the Malaysian Cabinet are still throwing their little left weight behind a known thief.  
Please also read The Guardian's editorial that fits perfectly into Najib Razak's GLOKAL.


p/s 

The old man who can't even throw stones to break a glass is super star again. He didn't have to break a single glass to send thieves living in the glass house running helter skelter, like the Malay saying "lari tak cukup tanah".





Wednesday, 27 July 2016

1MDB - The Conference of Rulers has a Sacrosanct Duty to Intervene


Concerned Lawyers for Justice (CLJ)

27th July 2016

What transpired in the past week, especially with the filing of the Verified Complaint by the US Department of Justice (DOJ) on July 20th, against the “international conspiracy to launder money misappropriated from 1Malaysia Development Berhad (“1MDB”), [1] triggers the pressing need for the Conference of Rulers, in accordance with the respective Royal Highnesses’ wisdom and discretion, to exercise the inherent and residual powers to intervene over the matter with all due haste, especially since it involves allegations of billions of dollars misappropriated from the Malaysian public funds.

INTERFERENCE WITH LOCAL INVESTIGATIONS

Over the course of more than a year, Malaysians have waited patiently for the investigations conducted locally to be concluded and for the outcome and findings thereof, only to helplessly witness oppressive measures obstructing due process of law taking place instead.

Officers tasked to look into the scandal, including those from the Attorney General’s Chambers (AGC), the Malaysian Anti Corruption Commission (MACC), and the Royal Malaysian Police Force (PDRM), were harassed, raided, detained and subjected to arbitrary administrative actions by the powers that be. The finding of the Public Accounts Committee (PAC) on the scandal was doctored by the PAC Chairman without the consent and knowledge of the other PAC members. The Auditor General Report on 1MDB is classified as official secret under the Official Secret Act (OSA), precluding the same from being publicly scrutinized, in direct contravention of Article 107 of the Federal Constitution. And the new Attorney General, Apandi Ali, appears to act more like a defense counsel for the Prime Minister, Najib Razak and 1MDB, than as a trustworthy and responsible public prosecutor.

All the above leads to no surprise that the local probe into the scandal fail to uncover what enforcement agencies from foreign jurisdictions, particularly in the US, have now managed to come to clear conclusion of trans-border money laundering involving funds misappropriated from 1MDB.

QUASI CRIMINAL PROCEDURE FOR FORFEITURE OF ASSETS

The statements of facts laid bare at considerable length in the DOJ’s cause-paper consists of serious and grave crimes, notwithstanding the Verified Complaint involves a civil procedure. In fact, the very procedure requires the establishment of criminal activity as ingredient to be fulfilled for the action in rem to succeed, which is not too dissimilar from our own local law, particularly under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLA).

Paragraph 6 of the Complaint summarizes the nature of the crimes alleged: that between 2009 and 2013, “multiple individuals, including public officials and their associates, conspired to fraudulently divert billions of dollars from 1MDB through various means, including by defrauding foreign banks … to launder the proceeds of that criminal conduct, including in and through U.S. financial institutions.” [2]

While locally there seems to be attempts to downplay the severity of the allegations involved, especially by those aligned to the Najib Razak’s administration, it is noteworthy that all the facts stipulated were verified by no less than a special agent of the US Federal Bureau of Investigation (FBI), Robert B. Heuchiling, based from “information supplied by … law enforcement officers, experts, and other witnesses, as well as … investigation … of the [FBI].” [3] Further, the FBI and our MACC had both confirmed that the MACC assisted the FBI in the investigations, [4] thus putting the question whether the US was meddling over our internal affairs as a non-issue, as it was our own agency that provided the commitment for the cooperation into probing the cross-border criminal activity, and more so since the action filed in the US is pursuant to allegations of misappropriated funds laundered into the US’ jurisdiction.

ALLEGATIONS OF CORRUPT PRACTICES AT THE HIGHEST LEVEL

The allegations in the DOJ case on 1MDB illustrates high level corruption involving high level officials that seem to be too cunning and too powerful to be brought to justice here at home.

In fact, the much cited ‘Malaysian Official 1’ in the DOJ Complaint, that is said to have received USD 20 million (approximately RM72 million) that was misappropriated from 1MDB through a bank account held in the name of Good Star Limited in 2011 [5] and USD 681 million (approximately RM2.08 billion) through a bank account held in the name of Tanore Finance Corporation in 2013 [6], fits squarely with Najib Razak’s profile.

This is so since ‘Malaysian Official 1’ is defined in paragraph 28 of the DOJ Complaint as “a high-ranking official in the Malaysian government who also held a position of authority with 1MDB” — corresponding perfectly with Najib Razak’s position as the Prime Minister of Malaysia, and Chairman of the Board of Advisors of 1MDB; while paragraph 29 states that ‘Malaysian Official 1’ is a relative of the co-founder of Red Granite Pictures, Riza Aziz — consistent with the fact within the public knowledge that Riza Aziz is the step son of Najib Razak.

This is fortified even further when paragraph 263 of the Complaint states in the clearest term that ‘Malaysian Official 1’ is the person referred in Apandi Ali’s press statement dated January 26, 2016, wherein Apandi Ali confirmed that a sum of RM2.08 billion were transferred into Najib Razak’s personal bank account (despite curiously finding him not guilty of any offence), [7] literally leaving very little to no room for doubt that the grave allegations made in the Complaint implicates Najib Razak directly, and, unless immediate actions are taken to clear his name, tarnishes the good name of the whole nation almost beyond repair, but for the Royal Highnesses in the Conference of Rulers to recognize the need for immediate intervention.

SACROSANCT DUTY OF THE YDPA AND THE MALAY RULERS

It is said that desperate times call for desperate measures. In which regard, and in all humility, the Concerned Lawyers for Justice (CLJ) craves that the Yang di-Pertuan Agong (YDPA), along with the Royal Highnesses of the members of the Conference of Rulers, would have the wisdom to take the necessary steps to intervene in solving this whole scandal, to summon those implicated in the Verified Complaint to appear before Your Royal Highnesses to show cause and to answer to those serious allegations to Your Royal Highnesses’ satisfactions.

This is especially pressing since the investigations and enforcement against the suspected offenders of the scandal related to 1MDB at the local level had been seriously undermined and compromised, and there is a sense of ubiquitous helplessness among the people witnessing the system being manipulated by those in power to the detriment of the rule of law.

It is our solemn believe that the Malay Rulers and the YDPA are placed at the most sacred and appropriate position as the constitutional guardian of the rule of law and order in the country, overseeing all the three branches of the Government. The power and duty to administer the country were delegated from the Malay Rulers to the respective elected and appointed Prime Minister and his administration, and following which the Prime Minister and every other Ministers holding office are required to take the “Oath of Office and Allegiance” before the YDPA, to preserve, protect and defend the Constitution as per Article 43(6) of the Federal Constitution.

Therefore, when there are fundamental breach of this oath by those to whom such power to administer were delegated to, it is submitted that the YDPA and the Malay Rulers, being the source of such legitimacy to rule, would have the sacrosanct duty and inherent powers to intervene.

The enlightened opinion expressed by Justice Hamid Sultan in his dissenting judgment in Pathmanathan Krishnan v Indira Gandhi Mutho and other appeals [2016] 1 CLJ 911, although remains non-binding upon our Courts, may serve as useful guiding principle for our Rulers in exercising such inherent and residual powers, when His Lordship said that the oath of office of the YDPA under Article 37(1) of the Federal Constitution to uphold the rules of law and order in the country, “gives constitutional, judicial power to HRH to arrest any form of breach of rule of law as judicial power to do so is entrenched in the oath of office of HRH.”

The time has come for the Their Highnesses to act. And the Rakyats are looking up to their Rulers to put an end to this unprecedentedly high-level, prolonged, embarrassing and treacherous scandal.

Mohd Hafizuddin Khan Norkhan
Executive Director, Concerned Lawyers for Justice
Fatihah Jamhari
Secretary-General, Concerned Lawyers for Justice
Aidil Khalid
Campaign Co-ordinator, Concerned Lawyers for Justice

References:

[1] Refer to the DOJ complete cause paper of the Verified Complaint for Forfeiture in Rem dated 20th July 2016, over allegation of “an international conspircy to launder money misappropriated from 1Malaysia Development Berhad (“1MDB”)” at https://www.justice.gov/opa/file/877166/download
[2] Ibid paragraph 6
[3] Ibid page 136
[4] http://www.thestar.com.my/news/nation/2016/07/24/macc-fbi-probe-un-convention/
[5] Ibid No. 1, paragraphs 99 to 102
[6] Ibid No. 1, paragraphs 259 to 264

[7] http://www.agc.gov.my/agcportal/uploads/files/Publications/Press/KENYATAAN%20MEDIA%20BERHUBUNG%20KERTAS%20SIASATAN%20KES%20SRC%20INTERNATIONAL%20DAN%20RM2_6%20BILION%20YANG%20DIKEMUKAKAN%20KEMBALI%20OLEH%20SPRM.pdf

Note: This is a Press Statement released today. 


#MalaysianOfficial1