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Immediately after his acquittal, Razak Baginda left the country

Discussion in 'Jurisprudence and legal theory' started by Molineux, Sep 4, 2010.

  1. Molineux Super Moderator

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    As for the 'puppy-chucker'. She has been positively identified and will be convicted of cruilty animals. Very impressive detective work. Those more cynical than I might suggest that if the Bosnians were as good at tracking down their war criminals as they are at tracking down a non-entity who likes to give puppies an early swimming lesson, the International Criminal Court would have completed its work years ago! James L. no:6



    French Lawyer Looks for Answers for Scandal in Kuala Lumpur


    WEDNESDAY, 28 APRIL 2010

    Photo: Stephanie Wang
    French Lawyer Looks for Answers for Scandal in Kuala Lumpur

    Joseph Breham, one of a team of lawyers looking into allegations of corruption in a Malaysian submarine purchase from a French defense conglomerate, told reporters in Kuala Lumpur Wednesday that he had filed a 10-page inquiry with the French courts that calls into question the actions of a company with close ties to the Malaysian Prime Minister's best friend and aide, Abdul Razak Baginda.

    Breham is also expected to question several witnesses in Kuala Lumpur about the case, which has broken into the open after years of silence in Malaysia. The inquiry, which now rests with independent French prosecutors, is directed at a €114 million (US$151.1 million) commission paid to a company called Perimekar, which Breham's legal team suggests was established in 2001 purely for the purpose of receiving the kickback. Najib Tun Razak, then Malaysia's defense minister, led the negotiations with the French government to buy the two Scorpene-class submarines, build by Armaris, a subsidary of the French defense giant DCN, and to lease a third a few months later, in 2002.

    Political reformers in Malaysia say they are placing their hopes on the French investigation to get to the bottom of the payment to Perimekar and its implications because, they say, there is little hope that the Malaysian justice system will bring the truth to light. Despite repeated requests for information by opposition leaders in Malaysia's parliament, Najib and other top members of the government have refused to answer.

    Cynthia Gabrial, who sits on the board of directors of the human rights NGO Suaram, for whom Breham and his colleagues are acting, told Asia Sentinel that "whoever's guilty must be punished, and if it has the be the French court system that actually brings this issue to surface, then so be it."

    It isn't likely that anybody will get any answers soon, however. The Perimekar episode goes well beyond Malaysia and is believed to be just a part of years of peddling defense equipment including submarines to countries across the globe by DCN.

    Investigating judges looking into some parts of the French establishment have been stalled for years by their inability to obtain defense secrets, partly because of a suspicion that they are related to top figures in French politics. In the past allegations have arisen that sought to ensnare such figures as Edouard Balladur, who ran against President Jacques Chirac, and Nicholas Sarkozy, now the French president, who was Balladur's campaign manager.

    Perimekar, according to the Malaysian government, was paid by DCN for "coordination and support services" during the submarine negotiations. But Breham and Suaram say it's highly unlikely the company had the ability to carry out such a role.

    "Perimekar was created only in 2001, a few months before the submarine contract was definitely signed," Breham told the press conference. "This means that Perimekar has no experience at all in submarine deals, has no experience in logistics, has no experience in nothing regarding submarines."

    "Perimekar until this contract had never had any contract with any company. The only thing Perimekar had done until this signature of the €114 million contract was lose RM75,000 (US$23,310) in 2002. That was the only thing Perimekar had ever done," Breham said.

    Breham said the French prosecution is particularly concerned about the fact that Razak Baginda's wife, Mazalinda, was the principal shareholder of KS Ombak Laut Sdn Bhd, which owned Perimekar. He said he hopes the inquiry will answer where the money for the commission came from, where exactly the money went, and if the money stayed in Malaysia.

    Perimekar appears to have been subsumed into another company, Boustead DCNS, a joinrbenture between Boustead's parent company and DCNS, SA, the Frnch defense company. In its annual report, Boustead Heavy Industries described Perimekar as an "associate of the Group" that is "involved in the marketing, upgrading, maintenance and related services for the Malaysian maritime defence industry."

    The inquiry is now at a preliminary stage, Breham said. If the French prosecution finds that the questionable elements surrounding the commission payment to Perimekar warrant further investigation, it will pass the case on to an 'instruction judge' who will conduct a deeper inquiry that could last for years. For instance, a similar corruption case involving DCN and the sale of frigate to Taiwan has dragged on for more than 10 years, Breham said. Then, if the judicial power believes there is sufficient evidence of corruption, the case will move to trial phase.

    The scandal began to come to the surface in 2006 with the gruesome murder of Altantuya Shaariibuu, a Mongolian translator and spurned lover of Razak Baginda who had accompanied him to France for some of the transactions over the submarines. Altantuya was shot in the head and her body was blown up with military explosives in a patch of jungle outside of Kuala Lumpur. Two of Najib's bodyguards, who were directed to intercede with her by Musa Safri, Najib's chief of staff, have been convicted of the killing. Neither Najib nor Musa has ever been questioned by law enforcement officials about the case. Razak Baginda was tried along with Najib's two bodyguards but was acquitted without having to put on a defense in a trial that left more questions than answers. Immediately after his acquittal, Razak Baginda left the country for England, where he remains.http://malaysiasms.wordpress.com/2009/06/12/altantuya-accused-razak-baginda-gets-oxford-doctorate/

    Breham said the French jurisdiction cannot consider the murder of Altantuya Shaariibuu in its investigation. "The only thing that France's jurisdiction will delve into is corruption."

    Breham said the French jurisdiction cannot consider the murder of Altantuya Shaariibuu in its investigation. "The only thing that France's jurisdiction will delve into is corruption."

    Above: Written by Hamish McKenzie
    WEDNESDAY, 28 APRIL 2010

    Photo: Stephanie Wang


    FROM WIKIPEDIA
    Altantuya Shaariibuu
    [edit]Accusation of Najib Abdul Razak's involvement
    Raja Petra was charged on May 6, 2008 with sedition for allegedly implying that the Deputy Prime Minister Najib Razak was involved in the sensational killing of a young Mongolian woman, Altantuya Shaariibuu. Also charged for sedition was businessman Syed Akbar Ali, who had allegedly posted a seditious comment on Malaysia Today.[22]
    Raja Petra Raja Kamaruddin, who did not deny that he linked Deputy Prime Minister Najib Razak to the slaying, pleaded innocent to the charge, and said he should have the right to hold the powerful accountable for wrongdoing. Raja Petra was taken to a detention center after he refused to post the bail of RM5,000. The court set the trial for October 6, 2008. If convicted, he faces up to 3 years in prison. "I am not posting bail. See you guys in October, I will be out for Christmas. Don't worry."[23] His wife said she was "quite stunned" that Raja Petra refused to post bail, and said she thought he wanted to make a statement by not posting bail, which he reportedly felt he could not afford to. She launched a campaign to solicit donations of RM1 from the public for the RM5,000 bail, but called it off a few hours later after the campaign raised over RM35,000.[22]
    Several Members of Parliament from the opposition Pakatan Rakyat coalition were present at Raja Petra's hearing, with one, Nurul Izzah Anwar, calling Malaysia Today 'the primary source of a lot of unearthing of scandals especially corrupt practices of the leadership and the government...it has helped [open] the eyes of the nation to what is going on and what is wrong with the country. It played a huge role in the last elections."[22] On the same day, Lim Kit Siang raised the issue of Raja Petra's sedition charges in Parliament, arguing that Najib had personally intervened to ensure the Attorney-General would charge Raja Petra with sedition, and calling it an abuse of power.[24]
    Raja Petra Kamaruddin's wife Marina Lee Abdullah stated that "He is on a hunger strike. It is a protest. The last time he did this, his liver was damaged. I don't think he is going to last that long." Raja Petra also refused visits by family members.[25] On his release, Raja Petra claimed that he had not, in fact, been on a hunger strike but was refusing to eat and drink for fear of being poisoned, as Chief Inspector Azilah Hadri and Cpl. Sirul Azhar Umar (on trial for the murder of Altantuya Shaariibuu) are being remanded in the same prison [26].
    [edit]Statutory declaration
    In a statutory declaration on June 18, 2008, Raja Petra accused Datin Seri Rosmah Mansor (the wife of Malaysia's Deputy Prime Minister, Datuk Seri Najib Razak) of being one of three individuals who were present at the crime scene when Altantuya Shaariibuu was murdered on Oct 19, 2006[27]. The statutory declaration also mentioned that every information he obtained regarding the above allegations were contained in a Military Intelligence reports received by Prime Minister Abdullah Ahmad Badawi, implying knowledge on the part of the Prime Minister.[28]

    First Lady of Malaysia, H.E. Datin Paduka Seri Rosmah Mansor to Receive International Peace and Harmony Award 2010

    NEW YORK, April 16 /PRNewswire-USNewswire/ -- Her Excellency Datin Paduka Seri Rosmah Mansor of Malaysia will receive the International Peace and Harmony Award from the Business Council for International Understanding tonight in New York City. The award will be presented by former Secretary of State Lawrence Eagleburger at an event emceed by Academy Award-winning actor, Jamie Foxx with performances by the Boys Choir of Harlem and Leona Lewis.
    The International Peace and Harmony Award, an iconic cast lucite piece designed by renowned sculptor Sergey Eylanbekov, is intended to highlight the First Lady's extensive charitable efforts and to celebrate the important links between the Malaysia and the United States.
  2. Molineux Super Moderator

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    Immediately after his acquittal, Razak Baginda left the coun

    The Altantuya Murder: Justice On Trial
    Explosive testimony on the photo allegedly showing Najib & Altantuya
    together was suppressed. Court irregularities abound.
    02.07.2007
    An unbelievable spectacle took place in the bizarre murder trial of
    Mongolian beauty Altantuya in Day 10 (June 29). When the family lawyer
    (Karpal Singh) of the murdered victim attempted to ask the deceased’s
    cousin a question regarding “a government official” photographed together
    with the deceased, prosecutor and defence lawyer acted in unison to thwart
    the question. This resulted in a shouting match, with Karpal Singh on one
    side, confronted by the combined forces of prosecutor and defence lawyers
    on the other.
    On an earlier day (Day 7, June26), a similar division of forces in the court
    occurred when a Mongolian witness told the court that the immigration
    entry computer records of the deceased and her two Mongolian companions
    (including the witness) had been mysteriously erased. While Karpal Singh
    asked the court to take proper note of this highly irregular event, both
    prosecutor and defence lawyer objected to this evidence as irrelevant, and
    insisted that it be expunged.
    Now, isn’t that a strange phenomenon? A prosecutor is supposed to seek
    justice for the deceased victim’s family against the murderers, so how come
    the prosecutor is now ganging up time and again with defence lawyers to
    oppose the victim’s family lawyer? Is this a case of prosecutor vs defence or
    a case of (prosecutor + defence) vs victim’s family? Obviously, prosecutor
    and defence seem to have plenty of common interests which contradict
    those of the victim’s family. What is that common interest?
    The answer may lie in the identity of that “government official” that
    The Altantuya Murder: Justice On Trial 95
    appeared in the photograph with Altantuya that both prosecutor and
    defence tried so hard not to allow its exposure.
    !e taboo photo
    On Day 10, Altantuya’s cousin Ms Burmaa Oyunchimeg testified that after
    Altantuya returned from France, Altantuya went to Hong Kong to meet
    the witness, and showed the latter a photograph that shows Altantuya, her
    alleged lover Razak Baginda (the third accused) and “a government official”
    taking meal together. Answering Karpal Singh later, after the shouting
    match in the court had subsided, she said this “government official” was
    Najib Razak. She could distinctly remember this name because it bears
    similarity to her cousin’s alleged lover’s name, and she even asked Altantuya
    whether they were brothers. Burmaa further added that the photo had also
    been shown to Altantuya’s father.
    Now, the revelation of Najib Razak in the photo would not have caused
    such a sensation if not for the Deputy Prime Minister’s oft repeated denial
    of any knowledge of Altantuya, including a public denial during the recent
    Ijok by-election, when even the name of Allah was invoked.
    What does DPM Najib Razak have to say now that his denial is directly
    contradicted by witness Burmaa? His press secretary Tengku Sarifuddin
    Tengku Ahmad issued a brief statement on June 30 saying that the DPM
    declined to comment for two reasons. One, any comment from Najib might
    be subjudice, since the case is on-going. Two, Najib had already repeatedly
    denied acquaintance with the girl in the past, “as such, the issue over the
    picture does not arise”.
    Subjudice to the case? That sounds ridiculous. How would a simple
    statement like “I have never had my photo taken with Altantuya” be
    subjudice? In fact, being the No.2 leader in the government, Najib is
    absolutely duty bound to the nation to say outright whether he was ever
    photographed with Altantuya, in view of the serious implication of Burmaa’s
    allegation.
    The issue over the picture does not arise? Equally ridiculous. In fact, the
    opposite is true. Precisely because of Najib’s past denials, it is all the more
    imperative that Najib must stand up now to clarify to the nation.
    Guilty conscience
    There is only one explanation for Najib’s past denials and his present silence
    96 The March to Putrajaya
    – guilty conscience. If Najib’s conduct with respect to the case has been above
    board, there is no reason whatsoever for him to deny acquaintance with a
    good friend’s (Razak Baginda) friend (Altantuya). Similarly, if the allegation
    of the picture is false, it is inconceivable and totally incomprehensible
    and irresponsible that Najib should have chosen not to refute Burmaa’s
    allegation.
    In fact, Najib was so worried about the publicity of the picture that his
    secretary called editors of the local press, and requested them not to blow
    up the issue. This has resulted in this explosive story staying clear of the
    headlines on the next day (June 30), and the name of “Najib Razak” not
    being identified as the DPM in Malay and English papers. (In one Chinese
    paper – Guang Ming – this Najib story hit the headline in the front page in
    the evening edition, but disappeared completely from it in the day edition
    next morning, June 30). And of course, Anwar Ibrahim’s criticism of the
    trial and his specific call on Najib to clarify on the picture during a press
    conference was generally blacked out.
    However, despite such suppression of news, irreversible damage is done.
    There is little doubt that Najib is deeply troubled and his political position
    seriously weakened.
    Political manipulations
    That this murder case has been subjected to serious political manipulations is
    obvious from the very start when police commenced its highly questionable
    investigation, right through to the present trial stage when the conduct of
    prosecutor and defence lawyers appears increasingly dubious. Instead of
    prosecutor seeking the truth and defence lawyer fighting to defend the
    accused as their prime objectives, both seemed to be pre-occupied with
    an over-riding mission – to prevent the whole truth from emerging.
    Their combined efforts to cover up issues of immigration record erasure
    and identity of Najib Razak in the picture are just two examples of such
    conduct.
    The highly irregular nature of this case was also marked by frequent and
    mysterious changes of legal personnel, resulting in the complete changeover
    of defence lawyers, prosecutors and judge even before hearing began.
    These weird phenomena were crowned by the shock appearance of a new
    team of prosecutors who were appointed only hours before the hearing
    was supposed to begin, thus necessitating an impromptu postponement of
    hearing for two weeks. None of these changes of legal personnel has been
    The Altantuya Murder: Justice On Trial 97
    properly explained, except for the first accused’s lawyer (Zulkifli Noordin)
    who quit because of “serious interference by third parties”.
    Under these circumstances, the public must brace themselves for
    more aberrant scenarios from this court, while Najib and his supporters
    may have to keep their fingers crossed in the long days ahead when many
    more witnesses have yet to walk through what must appear to Najib as a
    minefield.
    K QUEK
  3. Molineux Super Moderator

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