Saturday, August 08, 2015

PM Najib says he has been cleared of corruption claims, but many, including the Bar, may disagree?

Prime Minister Datuk Seri Najib Razak today said he has been cleared of corruption claims linked to a RM2.6 billion deposit in his personal accounts.

Well, he is wrong - he has not yet been cleared of corruption. What exactly did MACC say - well I went to their website and did searches for 'Najib' and '1MDB', and all I got was these words 'An error has occurred. The requested page cannot be found.'  It would have been good to have sight of the statement of MACC that allegedly stated that the source of the funds was not 1MDB. Was there a statement by MACC saying that the PM was cleared of all corruption claims...?

'Corruption Claims' - well, who exactly cleared the PM? Remember that many are looking into this case - the MACC, the AG's Chambers, the Police, the Special Task Force, Bank Negara, Public Accounts Committee(PAC) in Parliament >> Maybe even the Registrar of Societies...maybe also the Income Tax people.... Who has cleared you of the 'corruption claims'? You, who are the 'suspect' being investigated cannot clear yourself in this case...

If memory serves me, all that MACC state from that 1MDB was not the source of money. I do not remember MACC saying that the PM was cleared of corruption....

The primary question is whether Najib Tun Razak, our sitting Prime Minister, has committed an offence of corruption? About RM2.6 billion found in his bank account/s. That is sufficient in law to raise the legal presumption that 'the gratification shall be presumed to have been corruptly received'(sec 50, MACC Act), and a donation is also a 'gratification'(sec 2, MACC Act).Najib must prove now that the said gratification was not 'corruptly received, etc...' - and the place would be before Malaysia's independent courts...see earlier post:- Can or should PM Najib be investigated and/or charged for corruption? What does the law say? - Just an opinion

The Malaysian Bar, in its recent Media Statement also states:-

The MACC Act 2009 provides that even if the alleged deposit into the personal bank accounts of the Prime Minister may have been a donation, it does not necessarily mean that no corrupt act had occurred.  The term “gratification” in section 3 of the MACC Act 2009 includes a donation, and does not exclude a political donation.  MACC should also look into section 17 (regarding the offence of giving or accepting gratification by an agent), read with section 50 (regarding a presumption in certain offences) of the MACC Act 2009.

It is therefore still imperative that the MACC identify the purpose, if any, of the donation, the conduct and activity of the recipient in relation to the use of that donation, and the reason why the donation was deposited into a private account of the recipient.  Donations of this nature are seldom made for charitable purposes.
  
There is assertion that the money was UMNO's - well, is there proof of this. Was the account, or the sums received and spent reflected in the UMNO Supreme Council minutes? Odd, to say that the account number and details were kept 'secret', the in-flow and the out-flow was also kept 'secret'. In fact, any society must transparently disclose all financial matters to the members - so, was it  there in UMNO's financial reports? Was it discussed at the AGMs?
I am still disturbed by the fact that PM Najib did not immediately come out and say that the money was transferred into HIS PERSONAL Bank Account, but that money was the account under his name held in trust for UMNO(whereby such is permitted under the UMNO Constitution and fully known to the Supreme Council). But sadly,,,he kept silent...only stating that it was not for his personal gain.. The failure to be totally transparent then...resulted in much 'suspicion' amongst the people of Malaysia...

Our PM could have been forthright right from the beginning stating that the money was from who...and who...and we would not have wasted time with investigating whether 1MDB had transferred money directly to the Prime Minister's personal bank account...

What has happened to the MONEY and the said bank account? Maybe, the relevant authorities should seize and hold this money and freeze this account/s pending the completion of all investigations...if not, the money may just disappear..

Najib can say this and that...but since he is the 'suspect' here, his words are not enough for this matter > Malaysians need proof... and corroboration. Most importantly, the investigations really need to be conducted by a truly independent body... not by public servants...and not by people the PM has the power to 'direct, appoint, remove or 'transfer' - a Royal Commission? I feel that the Courts would be best forum...

This matter cannot be investigated and settled in 'secret' - Malaysians need to know everything - and it is them that need convincing... Even, when the MACC came out and said that the source of funds was not 1MDB - many doubted that...

Malay Mail

Najib says cleared by MACC over RM2.6b deposit

By Ida Lim

Saturday August 8, 2015
12:12 PM GMT+8

CHERAS, Aug 8 ― Prime Minister Datuk Seri Najib Razak today said he has been cleared of corruption claims linked to a RM2.6 billion deposit in his personal accounts. 

The Umno president reiterated that he did not take the money for his own interests, but received it on behalf of his party.

"Don't say I sell the country, I won't sell the country, I'm prime minister that will take responsibility for whatever I do,” he told Umno members at the launch of the Bandar Tun Razak division's meeting.

While he said others may have received money in exchange for favours such as contracts and land development approvals, Najib said he never did so and that this aided his exoneration by the Malaysian Anti-Corruption Commission (MACC).

“Already solved, how much, that I am willing to explain, with the condition that the opposition explains, that's fair,” he also said, referring to his willingness to disclose Umno's accounts if the federal opposition follows suit.

In his speech, Najib did not directly mention the RM2.6 billion that MACC said was deposited into his accounts by unnamed Middle East donors.

He stressed that his actions were for Umno's benefit, and that party secretary-general Datuk Seri Tengku Adnan Tengku Mansor knows that his fund collections are done for the party's interests.

Najib also explained that “much aid” has been disbursed for the party’s social responsibility programmes.

“We must defend the party because what I do is not for my own interests, but for the party,” he stressed.

He later said that he had not committed any wrongdoing, but had done everything for Umno's benefit.

The MACC has declared that the RM2.6 billion deposited in Najib’s accounts was not from 1Malaysia Development Bhd (1MDB) as previously alleged, but donations from an unnamed source.


Malaysian Insider

Najib says MACC cleared him of corruption

Published: 8 August 2015 1:19 PM


Prime Minister Datuk Seri Najib Razak says he has been cleared of corruption over the US$700 million or RM2.6 billion donation in his personal accounts. – The Malaysian Insider file pic, August 8, 2015.Prime Minister Datuk Seri Najib Razak says he has been cleared of corruption over the US$700 million or RM2.6 billion donation in his personal accounts. – The Malaysian Insider file pic, August 8, 2015.
 
Malaysian Bar Press Release

Press Release | Let the MACC Investigate Without Impediment, and Allow the Truth to Emerge PDF Print E-mail
Friday, 07 August 2015 02:35pm
ImageThe Malaysian Bar denounces the current unrelenting onslaught against the Malaysian Anti-Corruption Commission (“MACC”) in connection with its investigation into the flow of funds from SRC International Sdn Bhd (a former subsidiary of 1MDB), as well as funds of RM2.6 billion, into the Prime Minister’s private bank accounts.    

It cannot be denied that, since 28 July 2015, MACC personnel have been the focus of a police investigation into allegations of leaking of confidential information and involvement in a supposed conspiracy to overthrow the Government, purportedly in violation of Section 124B of the Penal Code.  

In particular, we have seen in recent days the arrest and questioning of Tan Sri Rashpal Singh, a former adviser to the MACC, and Ahmad Sazilee Abdul Khairi, a Deputy Public Prosecutor seconded to the MACC, before they were released.  The latter’s office and home were raided, and documents were reportedly removed. 

The police have also questioned senior MACC officers, including Dato’ Hj Bahri Mohamad Zain (Director, Special Operations Division), Datuk Tan Kang Sai (Deputy Director, Special Operations Division), Datuk IG Chandran (Director, Forensic Division), and Tuan Roslan Tuan Mat (Officer, Special Operations Division).  They reportedly arrested two officers — one of whom was the investigator looking into SRC International Sdn Bhd — who were subsequently released.  In addition, the police raided the MACC’s Special Operations Division and reportedly removed documents — which may well consist of crucial evidence, particularly concerning the investigation into SRC International Sdn Bhd — from the possession of MACC personnel.

Other recent developments include the following:

(1) In an unprecedented move, all five panels that have oversight over the MACC issued a joint press statement on 29 July 2015 appealing for the MACC to be allowed to undertake its work as part of the Special Task Force without any interference or pressure from third parties;

(2) On 30 July 2015, MACC issued another press statement reportedly denying that its officers were involved in a conspiracy to topple the Government, and were instead only carrying out their duties “without fear and favour, in spite of anyone involved”;
(3) MACC Special Operations Division Director Dato’ Hj Bahri Mohamad Zain has been reported as saying he was baffled by the arrest of Deputy Public Prosecutor Ahmad Sazilee Abdul Khairi, and raised the ominous spectre of “hidden hands” at work;
(4) On 4 August 2015, it was reported that the MACC held a special “solat hajat” session to pray for MACC staff, their families, their community and for a corruption-free country;

(5) Datuk Hj Mustafar Ali (MACC Deputy Chief Commissioner (Prevention)) has been reported to have said on 5 August 2015 that “when action is taken on an investigating officer [during an ongoing investigation], it somewhat jeopardises the investigation”; 

(6) Senator Datuk Paul Low, Minister in the Prime Minister’s Department in charge of governance and integrity, reportedly stated yesterday that the police “are showing high-handedness”, and that it “is important that [MACC] do what they need to do”; and 

(7) Also yesterday, Tan Sri Johan Jaafar (Chairman of MACC’s Consultation and Corruption Prevention Panel) reportedly expressed “dismay over the spate of raids and arrests by the police”, and “reiterated the need for the agency to be allowed to execute its duties unhindered”.

It is quite telling, and extremely disconcerting, that the beleaguered MACC as well as a Minister in the Prime Minister’s Department has had to make these statements and express indignation, as well as hold special prayers.  It compounds the commonly held fear that the MACC’s investigation is being seriously derailed, and that there are strong forces at work to curtail the MACC’s efforts.  Astoundingly, at this critical time, MACC Chief Commissioner Tan Sri Abu Kassim Mohamed is on leave.

The investigation being conducted by MACC was part of the work of a Special Task Force that had been set up to look into allegations of financial impropriety involving 1MDB.  It is thus shocking to learn that the Attorney General has reportedly advised that the Special Task Force should be disbanded.   

The reported incidents are wholly inconsistent with the Government’s publicly declared aim to uncover the unvarnished truth behind the alleged deposit of funds into the personal bank accounts of the Prime Minister, and to unearth dishonest dealings, if any, associated with that deposit, and other irregularities concerning 1MDB.  The actions by the police, which have the appearance of an assault on the MACC, have seemingly caused irreparable harm to the standing of MACC as an agency to combat corruption.
The launch of the investigation into the MACC, and the allegation of a plot to overthrow the Government, could be seen as a thinly-disguised attempt to block the truth from emerging.  Moreover, the investigation into allegations of leaking of confidential information and the purported breach of Section 124B of the Penal Code are not carte blanche for the police to intrude into, and interfere with, the MACC’s investigation, and/or to remove or compromise vital evidence collated by MACC.  It must be borne in mind that interfering with or obstructing an ongoing MACC investigation is in itself an offence under Section 48 of the MACC Act 2009. 

Thus, the announcement by the MACC on 3 August 2015 that the RM2.6 billion allegedly deposited into the personal bank accounts of the Prime Minister did not comprise monies from 1MDB but was instead a “donation”, raises more questions than provides answers.  The events preceding as well as following it, as set out above, give rise to the inference that the announcement was a result of external interference, or was made to relieve the pressure faced by the MACC.

The MACC Act 2009 provides that even if the alleged deposit into the personal bank accounts of the Prime Minister may have been a donation, it does not necessarily mean that no corrupt act had occurred.  The term “gratification” in section 3 of the MACC Act 2009 includes a donation, and does not exclude a political donation.  MACC should also look into section 17 (regarding the offence of giving or accepting gratification by an agent), read with section 50 (regarding a presumption in certain offences) of the MACC Act 2009.

It is therefore still imperative that the MACC identify the purpose, if any, of the donation, the conduct and activity of the recipient in relation to the use of that donation, and the reason why the donation was deposited into a private account of the recipient.  Donations of this nature are seldom made for charitable purposes. 

The Malaysian Bar demands that the MACC to be allowed to conduct its investigation independently and comprehensively, without any external threat, pressure or influence. The flagrant level of intimidation inflicted on, and the climate of fear foisted upon, the MACC must stop.  The role and responsibility of the MACC must not, and cannot be, perverted to excuse or exculpate anyone — including politicians — from allegations of corruption.

Steven Thiru
President 
Malaysian Bar

7 August 2015
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