ON HUMAN RIGHTS, JUSTICE AND PEACE ISSUES, LABOUR RIGHTS, MIGRANT RIGHTS, FOR THE ABOLITION OF THE DEATH PENALTY, TOWARDS AN END OF TORTURE, POLICE ABUSES, DISCRIMINATION...
Anwar must answer for dropping 1MDB lawsuit against Riza, says activist
Published: Feb 26, 2025 8:03 PM
⋅
Updated: 7:03 PM
Summary
Activist
Charles Hector demands Prime Minister Anwar Ibrahim explain 1MDB’s
decision to drop its lawsuit against Riza Aziz and Red Granite,
criticising Anwar’s dual role as finance minister.
Charles
argues that criminals should not be let off just for returning
misappropriated funds and questions whether Riza had repaid the money.
1MDB’s
lawsuit, seeking US$248 million from Riza and his companies, was
withdrawn without explanation, following talks on a potential global
settlement.
Prime
Minister cum Finance Minister Anwar Ibrahim must answer for 1MDB’s move
to drop its civil suit against Najib Abdul Razak’s stepson Riza Aziz
and Red Granite, said activist Charles Hector.
Noting that the
Minister of Finance Incorporated owns 1MDB, he demanded Anwar to explain
1MDB’s decision to drop the case and resign his position as finance
minister.
“Blame must lie on the finance minister, the prime
minister and the cabinet since this is a government-owned company, not
simply a government-linked company (where the government) owns part of
the shares.
“Anwar may be a ‘most forgiving’ prime minister, and
so he can be so for actions done by others that affected him only
personally - like he forgives (former inspector-general of police Abdul
Rahim Noor) for giving him a ‘black eye’.
“But the crimes of
Najib, his wife Rosmah Mansor, his stepson Riza, and Anwar’s now Deputy
Prime Minister Ahmad Zahid Hamidi are crimes against the people of
Malaysia. So, Anwar, even though a ‘good friend’, should act for
Malaysia - and Malaysians have not forgiven yet,” he said in a statement
today.
He added that the parliamentary select committees should also investigate 1MDB’s decision to drop its lawsuit against Riza (above).
Activist Charles Hector
For the record, Riza and Zahid
have been granted a discharge not amounting to acquittal (DNAA) for the
criminal proceedings against them. In Riza’s case, the DNAA was part of
a plea bargain in 2020 that required him to return millions of ringgit.
Najib and Rosmah each have several cases still being litigated in court.
Charles
also argued that criminals should not be let off the hook simply
because they returned the fruits of their crime. This can only be a
mitigating factor for the court to consider imposing a lighter sentence.
He also questioned whether the money allegedly misappropriated by Riza had been returned in the first place.
Riza’s charges
Riza
was charged with five counts of money laundering in 2019 for allegedly
receiving money misappropriated from 1MDB through the Red Granite’s bank
account. Red Granite is a Hollywood production company that he
co-founded and produced the films “The Wolf of Wall Street” and “Dumb
and Dumber To”.
However, his case was dropped the following year on condition that he return the money. Otherwise, the prosecution reserves the right to prosecute him again.
In 2021, however, 1MDB and its subsidiaries filed another suit in the civil courts against Riza, Red Granite Pictures Incorporated and Red Granite Capital Limited.
They
claimed Riza and his two companies purportedly received US$248 million
(about RM1.09 billion) in funds that they allegedly misused for personal
gain, including by financing film production and buying up various
properties.
The suit was withdrawn in open court on Monday without any reason.
The
withdrawal came a week after MACC special operations director Zamri
Zainul Abidin testified that Riza and his lawyers sent representations
to the Attorney-General’s Chambers that they would work towards a global
settlement on the recovery of the US$248 million. - Malaysiakini, 26/2/2025
If the responsible CORONER(Magistrate) has yet to ACT on receipt of report of this death - Action ought to be taken against the said Coroner?
Besides the police investigating the death, the Coroner independently ought to inquire into the death - 'A Magistrate
holding an inquiry shall inquire when, where, how and after what manner
the deceased came by his death and also whether any person is criminally
concerned in the cause of the death.' s.337 Criminal Procedure Code.
If you made a police report - then, now in Malaysia, on request, the police is duty bound to provide you with a status of the investigation of the offence....
107A Report on status of investigation (Criminal Procedure Code)
(1) Any
person who has given information under section 107 may request for a
report on the status of the investigation of the offence complained of
in his information from the officer in charge of a police station where
he gave the information.
(2) The officer in charge of a police
station shall give a status report on the investigation of such offence
to the informant not later than two weeks from the receipt of the
request made under subsection (1)....
And, if the police do not give you the status report ...report to the Public Prosecutor, and you will get the status report...
(4) Where a
request has been made under subsection (1) and the officer in charge of
the police station has failed to furnish the informant with a status
report within the period specified in subsection (2), but subject to
subsection (3), the informant may make a report to the Public Prosecutor
of the failure.
(5) Upon receipt of the report under subsection
(4), the Public Prosecutor shall direct the Officer in charge of the
Police District to furnish him with a detailed status report on the
investigation that has been conducted by the police in relation to the
offence in the information given by the informant.
(6) The Public
Prosecutor shall cause to be furnished to the informant, or direct the
Officer in charge of the Police District to furnish to the informant, a
status report containing such information as may be directed by the
Public Prosecutor.
In the case of the death, possible MURDER, the victim went missing from a student accommodation, and his body was found in a SURAU. Did the police fail to find any witnesses or evidence, CCTV footages, etc...? This raises the questions of the COMPETENCE of the Malaysian police - do we need better and more professional police with required investigating skills.
Was there lesser attention placed because this was no 'important' person - just an ordinary Malaysian? The Home Minister and PM ought to look into this.
NFA(No Further Action) does not mean the investigations are closed - rather 'temporarily stayed' until further evidence emerges. This happens when the police has done its best to investigate and reasonable time has passed, and they are not making any progress...
Problem now, is that many people who report crimes, even small crimes that their neighbor had trespassed into their property and built fences - a crime that is obvious, and the police can act - but then, the police tell them 'NFA" and tell them to go court, etc... This NFAs is a problem, and it pushes people to lose trust in the police and law enforcement - and resort to 'SELF HELP', which is dangerous and may lead to the breaking of laws - worse when it happens by reason of police or law enforcement failure to act and resolve problems..
Whether the victim is a 'small' person or a celebrity/politician, the police and law enforcement need to ACT and resolve the violation of law effectively - hence restoring public confidence in the law and law enforcement.
In the case of Atif - did the police use maximum effort to find the culprits. Did the police go around on foot and meet people trying to find witnesses at the hostel, on the way to the Surau or at the Surau? Did they appeal or make a public appeal in their quest to find witnesses? Did they check all CCTV cameras between the hostel and the Surau where the body was found.
CORONER's inquest is important - but more important is for the POLICE to exercise its BEST EFFORTS to find the culprits or potential suspects...
The lacksadical attitude in investigating missing persons can cause the police to be guilty of ENFORCED disappearance..
Should not failure of police to properly investigate a CRIME also be made a CRIME with a deterrent sentence?
Joint
Press Statement by Eliminating Death and Abuse in Custody Together
(EDICT) and Teoh Beng Hock Association for Democratic Advancement
(TBH-ADA)
27th February 2025 , Parliament of Malaysia
EDICT
and TBH-ADA stand in solidarity with the family of Abu Bakar Ja'afar in
advocating for justice in the death of his son, Muhammad Atif.
We call
for the immediate convening of a death inquiry (inquest) in the
Coroner’s Court pursuant to the Criminal Procedure Code into Atif’s
tragic death.
Atif was
20-years-old and was studying at the Institut Latihan Perindustrian
Mersing (ILP Mersing). On 18 December 2022, Atif went missing from the
student accommodation in ILP Mersing. His family members rushed to
Mersing to search for him but to no avail. The following day, Atif’s
body was discovered in a surau in Mersing, Johor.
A
post-mortem was then conducted on Atif’s remains and his cause of death
was determined to be “traumatic asphyxia” with 53 marks of injury.
Atif’s family believes that Atif was beaten to death by persons unknown
and hoped that police investigations would shed light on this.
However,
despite waiting for more than 2 years, Atif’s family had not received
any updates from the police.
On 15 September 2024, Abu Bakar and Atif’s
brother lodged respective police reports regarding Atif’s death.
Shockingly on the same day, the police have inexplicably classified the
case as “NFA” (no further action) without providing any clear
explanation, leaving the family in the dark about the full circumstances
of Atif’s death.
Undeterred,
Abu Bakar sought legal counsel and filed an application in the High
Court of Malaya in Johor Bahru to compel an inquest to be held into
Atif’s death. Abu Bakar’s application was met with strenuous objections
from the Attorney-General’s Chambers and his application was
subsequently dismissed by the High Court. The matter is now pending on
appeal before the Court of Appeal.
Thus
far, Atif’s family's attempts to seek justice have been met with
silence and/or resistance from the police and the Attorney-General’s
Chambers. Whilst the Attorney-General’s Chambers had indicated that an
inquest will be held via a letter dated 17 November 2024 to his
solicitors, Abu Bakar Ja'afar has to date not received any further
communication from the authorities regarding the same. The family had
also not received any information regarding any charges being brought
against the perpetrators of Atif’s death. Atif’s family finds this lack
of action by the authorities completely unacceptable.
We
at EDICT and TBH-ADA hereby demand that a death inquiry (inquest)
pursuant to the Criminal Procedure Code be conducted immediately to
investigate the true cause of Atif’s death. It is vital for the family
to know how, when, why, and under what circumstances he died.
This
breakdown in the administration of justice, as evidenced by the
authorities' failure to act, must be addressed seriously. We call on the
Attorney-General’s Chambers to take immediate steps to ensure that the
truth is uncovered, and justice is served for Atif and his grieving
family.
Family, rights groups demand update on probe into trainee's death
Alyaa Alhadjri
Published: Feb 27, 2025 4:30 PM
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Updated: 4:01 PM
Summary
Family
members, rights groups, and Petaling Jaya MP Lee Chean Chung highlight
the lack of updates on the investigation of the death of a 20-year-old
student in Mersing, Johor, three years ago.
They say the authorities’ perceived lack of action is unacceptable and urge them to act immediately.
Family
members of the late Atif Abu Bakar, a 20-year-old industrial trainee
allegedly beaten to death by unknown assailants in Mersing, Johor, three
years ago, are seeking urgent updates to their application for an
inquest.
Petaling
Jaya MP Lee Chean Chung, together with representatives from Eliminating
Deaths and Abuse in Custody Together (Edict) and Teoh Beng Hock
Association for Democratic Advancement, today raised the family’s plight
at a press conference in Parliament.
Petaling Jaya MP Lee Chean Chung (centre) with the family of Atif Abu Bakar and rights groups representatives
“We
urge the government, particularly the Attorney-General’s Chambers, to
take immediate steps to uncover the truth and ensure that justice is
served to Atif and his grieving family,” said Lee who read a joint
statement prepared by the two organisations.
According to the
groups, Atif, a student at the Mersing Industrial Training Centre went
missing from his student accommodation on Dec 18, 2022, and his body was
discovered the following day at a surau in Mersing.
A post-mortem
determined Atif’s cause of death as “traumatic asphyxia” with 53 marks
of injury, leading the family to believe he was beaten to death by unknown persons.
Met
later, Edict executive director M Visvanathan, who is also representing
Atif’s family, said the perceived lack of action by authorities is
unacceptable.
Edict executive director M Visvanathan
“If you write to tell us the inquest will be conducted in November, why has it not been conducted yet?
“It has been over two years since the incident, so how long more?” he said.
The
family’s revision application at the Johor Bahru High Court to compel
an inquest into the death was filed after the police allegedly refused
to investigate the case. - Malaysiakini, 27/2/2025
MP calls for inquest into 2022 death of industrial trainee
By HO JIA WEN, TARRENCE TAN and GERARD GIMINO
Nation
Thursday, 27 Feb 2025
KUALA LUMPUR: A Member of Parliament has called for an inquest
without further delay over the death of industrial trainee Muhammad Atif
Abu Bakar in December 2022.
Petaling MP Lee Chean Chung said the
Attorney General's Chambers had indicated that an inquest would be held
via a letter dated Nov 17 last year to the lawyers representing Atif's
family.
However, Atif’s father Abu Bakar Ja'afar has yet to
receive any communication from the authorities about the inquest, Lee
told a press conference here on Thursday (Feb 27).
He said the
inquest under the Criminal Procedure Code should be conducted
immediately as the family must be told of the circumstances of Atif's
death.
On Dec 18, 2022, the body of 20-year-old Atif was found in a surau in Mersing, Johor.
A post-mortem determined the cause of death to be traumatic asphyxia, with 53 marks of injury found.
“Atif's
family believes that he was beaten to death by persons unknown," Lee
said, adding that they initially hoped the police investigation would
shed light on the matter.
He said that after waiting for two years, the family had not
received any updates from the police and claimed the case had been
classified as "no further action" or NFA without a clear explanation
given.
Lee added that failure to resolve the case constituted a breakdown in the administration of justice.
The
family made a High Court filing in Johor to compel the inquest, but the
application was dismissed and the matter is now before the Court of
Appeal, he said.
NGOs Eliminating Death and Abuse in Custody
Together (Edict) and Teoh Beng Hock Association for Democratic
Advancement (TBH-ADA) were also at Thursday's press conference. - Star, 27/2/2025
Beaten to death: Family still waiting for answers after 21 months
Shakira Buang
Published: Sep 25, 2024 7:42 PM
⋅
Updated: 8:52 PM
A 22-year-old student was found dead in a surau in Mersing, Johor, on Dec 19, 2022, a day after going missing from his hostel.
There were 53 injuries on Muhammad Atif Abu Bakar’s body.
The death was caused by traumatic asphyxia (pressure on the chest) disrupting the blood flow from the heart.
After
more than a year and a half of police investigations, the family was
finally informed that no further action would be taken.
They were also advised to refer the case to a magistrate as the police have decided not to pursue the matter further.
For the victim’s family, this decision was unacceptable.
Travelling
more than 350km from their home, they held a press conference in
Petaling Jaya today with their lawyer and the human rights NGO
Eliminating Deaths and Abuse in Custody (Edict) to demand justice.
‘It can’t go on like this’
Suspecting
that Atif was beaten to death by a crowd, Abu Bakar Ja’afar, 62, said
his late son deserved justice, even though he was alleged to be mentally
unstable during the incident.
“But this case has dragged on for
far too long, and we don’t know what’s happening. The hostel
(management) didn’t inform us of anything, they just told me to get the
reports (related to Atif). I went everywhere, but it’s all silent, no
updates.
“I want to know the cause of my son’s death. With all the
beating marks, the forensic report after the post-mortem stated that
his death was caused by pressure leading to a lack of oxygen.
“So, who caused that pressure? I want to know,” he said.
Abu Bakar said he had trusted the police and left them to conduct the investigation.
“But
it’s almost two years now. My eldest son said it can’t go on like this,
remaining silent. I was told that nine to 10 people had been arrested.
“I firmly believed the police would help me, but I’ve been waiting, and still, there’s no decision. It’s just silence,” he said.
Mentally unstable?
Recalling
the tragic incident, Abu Bakar said that on the day of the death, Atif
had called him, asking to be picked up from the hostel the following
day.
However, Atif left the hostel earlier and was found dead in
the Surau Taman Wawasan - about 15km from his hostel at the Mersing
Industrial Training Institute.
Meanwhile, Atif’s brother Muhammad
Aiman, 32, said the police previously informed the family that his
brother was mentally unstable during the incident.
He said he was
told that the deceased had removed his clothes, disturbed the public,
and kicked passing motorcycles before disappearing into the forest in
Mersing.
After searching all day, the victim was eventually found
in Surau Taman Wawasan - about 15km from his hostel at the Mersing
Industrial Training Institute.
According to the family, although
investigations and arrests were made shortly after the death, there had
been no further developments until they were recently asked to file a
new police report.
The report was made on Sept 15, 2024.
On
the same day, the police concluded that no further investigation would
be conducted, and the complainant was advised to refer to the
magistrate.
They had not made a report earlier because they believed the authorities were already taking the necessary measures.
‘Cops don’t know the law’
Meanwhile, the family’s lawyer, M Visvanathan, questioned the police’s actions almost two years after the incident.
He
said the police’s requests for the family to refer to a magistrate for
further action also demonstrate they “don’t know the law”.
Under
Section 13 of the Criminal Procedure Code, when there is a suspicious
death or if the cause of death is unknown, the information must
immediately be conveyed to the magistrate or coroner for action.
“So, in this case, the police don’t know the law,” said Visvanathan, who is also from Edict.
M Visvanathan
He
also urged the police’s Integrity and Standard Compliance Department to
take action against the officers involved in the investigation for
allegedly not performing their duties according to the law.
Malaysiakini is attempting to obtain clarification from Johor and Mersing police regarding the family’s claims. - Malaysiakini, 25/9/2024
A
DAP MP has questioned PAS’ silence on MCA president Wee Ka Siong’s call
for the government to reinstate local election in Kuala Lumpur. Lim
Lip Eng stated that this stands in stark contrast to PAS’ previous
vocal opposition to a similar proposal from DAP just months ago.
Recently, a DAP MP was ANGRY because PAS did not react to MCA's proposal of restoring Local Council(Government) Elections, as PAS did when DAP proposed the same for KL. Is this LAME or what?
Remember, the Pakatan Rakyat (DAP,PKR and PAS) when in Opposition at the Federal Level were all for Local Council Elections especially in the State of Selangor and Penang - but the BIG HURDLE then was a Federal Law, that had to be repealed/amended to allow for democratic elections at the Local Council level.
After GE14, the governments then at least started studies...work towards the restoration of Local Council elections - but it was delayed and delayed - One wonders whether they were serious or not..
However, after GE15 which saw PM Anwar Ibrahim's PH-led Government coming into power - everything about Local Council Elections stopped - the position now seems to be NO Local Council Elections - maintain the status quo, and allow State/Federal government to place their 'political appointees', rather than having a people elected representative, as Councillors (or 'wakil rakyat' in the respective Local Councils.
Based on feedback, reviving local government elections is not a
priority for the people at the moment, said Local Government Development
Minister Nga Kor Ming. Therefore, he said his ministry is
prioritising the people’s livelihood and everyday issues, despite
knowing that the “third vote” - after federal and state elections - is
part of the democratic process. “We understand that local government elections are a reflection of democracy. But there are priorities. “The
most important thing for me now is to revive the economy. We have to
also ensure the roads are level, street lights are bright, toilets are
clean and drains are unblocked. - Malaysiakini, 26/1/2023
## Now, the Federal Minister really has NO POWER over the individual Local Councils/Government. He can just express his opinion - and not bring about any changes. There was in the past a 'dress-code' issue because of some Local Government law - The Minister said it was settled - but really was the said 'bad' law repealed or amended so that the issue does not arise again? I do not think so..unless the Minister can show proof.
### Likewise, the issue of roads(other that State or Federal Roads), street lights, toilets, drains within the Local Council area is all within the jurisdiction of the Local Government - not the Federal Minister. If Federal Government forks out money, then Local Council may accept and do something. That is all.
Now, our Local Government/Councils act like State Legislative Assemblies or Parliament - they make laws, enforce laws, and govern their area. The difference is that there is ZERO Opposition, and even though the law says the proceedings be open to the public - the Council decided to close it, and worse there is also NO Hansard(or minutes of the proceedings) - So, No check and balance, no transparency or accountability.
23 Meetings of local authority to be public [LOCAL GOVERNMENT ACT 1976
All
meetings of the local authority shall be open to the public and to
representatives of the Press unless such Committee by resolution otherwise decides.
END RESULT - we do not know the issues discussed(not discussed), the decisions made, how money has been spend, etc - MEDIA too is unable to report on this.
Minister NGA could have asked for meetings to be OPEN to the Public, for Publicly Available Minutes, For Disclosure of Accounts - Income and Expenditure, Etc - even that he did not do - he seems to be more concerned with toilets, drains, etc.. As a Federal Minister, he would reasonably have greater influence over Federal Territories..DBKL, etc
Our parking fees or house/building rates go UP or DOWN because of Local Council decisions - not State Government or Federal Government. Local Council/Government is VERY RICH and rules over their AREA. New issue 'MCA
has come out strongly against an alleged suggestion to remove the
Chinese characters for Petaling Street from signboards in the capital
city.' - well, this is again a decision of the Local Government?
We really NEED to Restore LOCAL COUNCIL Elections - The right to VOTE should be given to ALL who live and work within the Jurisdiction of the Local Council - not just those who own buildings/homes and pay rates. Constituencies could be drawn up to ensure proper representation. If needed, State or Federal Government could be allocated 2 seats so that their interest be represented.
NOW, even the MPs and ADUNs of Constituencies within the jurisdiction of Local Councils are excluded. Should they, the true elected representatives be accorded the right of attendance and the right to be heard at Local Council meetings - but maybe NO Right to VOTE?
DAP has changed, after the Anthony Loke faction ousted the Lim faction before GE15 - and no more is DAP pushing for democratic Local Council elections. After GE14, the then PH government at least said that they are working towards Local Council Elections within 3 years(?), and a similar position taken by the PN government.
I think that DAP's Lim Lip Eng should have been happy that PAS chose to be 'silent' when MCA called for Local Council elections. This is positive, for PAS too may be re-considering their position on Local Council elections. It was wrong to EGG PAS to oppose calls for Local Council elections..in my opinion. What is the position of DAP, Amanah, MUDA, BERSATU, PKR,...on Local Council Elections?
BUT now, it is back to NO Local Government/Council Elections ...'for now'. The Federal law blocking Local Council elections could have been amended to give respective States the power to decide whether they will have Local Council Elections or not...
Local Council has much POWER to decide on things that affect OUR lives within the jurisdiction of the Council. If we are unhappy with a Local Council decision, we do not have the right of appeal to the State or Federal Government - thus, we have to take the matter to the COURTS. What is a problem now is the LACK of transparency of the laws of the Local Council - even their websites do not, in most cases, lay out the full laws passed and applicable by the Local Council.
If Anwar Ibrahim's government has no desire to restore Local Council Elections - then, should they not consider ABOLISHING LOCAL GOVERNMENT, and transferring its powers to the State or Federal Government, who are rightly composed by democratically elected peoples' representatives? Alternatively, allow the people to democratically elect peoples' representatives into LOCAL GOVERNMENT - end the practice of political appointees.
Why is PAS silent on MCA's local election call, questions DAP MP
Published: Feb 27, 2025 9:45 AM
⋅
Updated: 10:52 AM
Summary
DAP
lawmaker Lim Lip Eng accuses PAS of hypocrisy for remaining silent on
MCA’s call to reinstate local election in Kuala Lumpur, despite PAS
previously opposing a similar proposal by DAP.
He suggests that PAS and MCA might be secretly colluding, using racial issues to serve their political agendas.
A
DAP MP has questioned PAS’ silence on MCA president Wee Ka Siong’s call
for the government to reinstate local election in Kuala Lumpur.
Lim
Lip Eng stated that this stands in stark contrast to PAS’ previous
vocal opposition to a similar proposal from DAP just months ago.
At
the time, PAS strongly opposed the idea, invoking the May 13 tragedy to
scare the public with outdated racial rhetoric, Lim said.
However, he noted that when MCA made the same request, PAS chose to keep mum.
“Clearly, PAS and MCA only exploit racial issues when it suits their political agenda.
“If PAS truly stood by its principles of opposing local election, why did they not challenge MCA the same way they did with DAP?
“Does PAS’ ‘principle’ not exist, or is it merely a tool used when it benefits them politically?”
Lim
also questioned whether PAS and MCA, which are on opposing sides in
Parliament, have been secretly colluding and using racial issues to
further their own agendas.
“This is not about championing the
rakyat or seeking justice. PAS and MCA are nothing more than
opportunistic politicians who are willing to stoke racial tensions when
it serves their interests but remain silent when their allies are
involved,” he added.
Long contentious issue
The
call for the restoration of local council election, which was suspended
following the 1969 racial riots, has been a contentious issue for many
years.
Proponents argue it would give residents a stronger voice
in local governance, while opponents fear it could stir racial tensions
and destabilise the political climate.
Earlier this week, Wee called for local election in Kuala Lumpur, noting the lack of elected people’s representatives in the city aside from MPs.
ADS
“Conducting
local election would allow more elected representatives (local
councillors) to assist MPs in addressing local livelihood issues and
solving community concerns,” he argued.
In
October last year, the Federal Territories DAP urged the government to
reform the Kuala Lumpur City Hall (DBKL) by allowing the appointment of
councillors.
It previously also urged the government to reinstate local government election in the nation’s capital.
The
call courted widespread backlash from political foes and friends alike,
as well as a police report from the Federal Territories PAS Youth.
In December 2023, Housing and Local Government Minister Nga Kor Ming dismissed the restoration of local government election as a priority.
Nga
stressed that he is “always in touch” with Minister in the Prime
Minister’s Department (Federal Territories) Dr Zaliha Mustafa over the
matter.
Zaliha previously pledged to hold discussions with Nga on
the matter and pointed out there are more pertinent issues that need to
be prioritised, including governance of strata properties. - Malaysiakini, 27/2/2025
ELEVEN new members have been appointed to the Kuala
Lumpur City Hall (DBKL) advisory board, who will be tasked with offering
city management recommendations to the mayor.
DBKL, in a
statement, said the advisors were presented with their letter of
appointments on Friday (July 7), for a two-year period effective May 15.
“Under
Section 6(1) of the Federal Capital Act 1960, the appointment of the
Advisory Board members is by the Yang di-Pertuan Agong, who will act on
the advice of the Prime Minister or the mayor.
“The letters were
presented to the members by Kuala Lumpur mayor Datuk Kamarulzaman Mat
Salleh, replacing the advisors who completed their respective two-year
terms.
Appointed to the new board is Datuk Seri Shafei Abdullah,
Datuk Seri Izudin Ishak, Datuk Tong Nguen Khoong, Datuk Ismail Ngah,
Datuk Afdlin Shauki Aksan, Datin Rashidah Mohd Sies, Dr Abdul Basir V.
Kunhimohamed, Lai Chen Heng, Jayakumar R Muniandy, Hayatul Kamil Termudi
and Leong Ooi Kuan.
“With
the new board members, it completes the 13-member advisory board,
together with Datuk Setia Di-Raja Datuk Abdul Ghani Pateh Akhir and
Federal Territories Department director-general Datuk Seri Rosida
Jaafar,” DBKL added.
A quick check showed that several of the board members are political appointees while the rest have technical backgrounds.
StarMetro had previously reported that there had been some
uncertainty on the appointment of the advisory board since there was no
longer a Federal Territories Ministry.
The ministry was
restructured after the 15th General Election to become the Federal
Territories Department, under the purview of Prime Minister Datuk Seri
Anwar Ibrahim. - Star, 7/7/2023
Minister Fahmi just admitted that the Malaysian government caused to be removed over 300,000 online content ALLEGEDLY because it violated national laws - The problem is that we do not believe you - so tell us clearly what was the content removed, and specifically what national law did it allegedly violate.
A TOTAL 300,952 pieces of content were removed from 2024 to Jan 25, this year for violating national laws.In a written parliamentary reply,
Communications Minister Fahmi Fadzil said these followed requests from
the Malaysian Communications and Multimedia Commission (MCMC)...Every content removal adhered to
existing legal provisions, including the Communications and Multimedia
Act 1998, the Penal Code, and other criminal laws," he said
The worry is that Malaysian government may have also removed content that are CRITICAL of government actions/omissions, or views/opinions that are not in agreement with CURRENT government views/opinions. We want confirmation that it is not the case.
Who decides whether someone by his action/commission violates national laws - it is the Courts after a fair trial, not Minister Fahmi or the government. Likewise, it is the Courts only that decides whether an online content is in violation of national laws. All Minister Fahmi or the government can say is that they SUSPECT or ALLEGE that the online content has broken the law - it is the Court that definitely determine whether it is a law-breaking online content, and even then, the Judge may be wrong as his/her decision may be overturned by higher courts on appeal. HENCE, it is important that the government first obtains a COURT WARRANT before it acts to remove any post/online content - this can be done very fast, but it is an important 'Check and Balance' to reduce risk of government wrongdoing or abuse.
Whenever an online content is removed - it must be LISTED, and the reason for its removal must be specifically stated - i.e. which law and which provision of the law did it violate? If it is about pornography, online gambling or some 'Macau Scam', then most Malaysians are OK about it.
But, if it is about views/expression critical of PM Anwar or some Minister or the government, it is a TOTALLY Different Matter - for it is a violation of the freedom of speech/expression - and the one who posted/shared such posts and those who were supposed to receive such communications have had the RIGHT to know what the government did, and WHY - and to also know that it was the Malaysian government that did it, and thus, those aggrieved by this government action have a RIGHT of Appeal to the Minister, and thereafter to go to the Courts for a Judicial Review or other legal challenge.
Minister Fahmi '...said social media platform providers
also removed 300,952 pieces of content identified as violating Section
233 of the Communications and Multimedia Act 1998 and other offences
under national laws. "Of this total, 17,514 were false
content, 14,374 were offensive content, 1,146 were pornographic content,
144 were threatening content, 34 were indecent content, and the
remaining 267,740 involved criminal offences under the jurisdiction of
other agencies," he said.
From, the media report - it seems that the Malaysian Government(or MCMC) asked media platform providers to REMOVE the content - so, the removal was because of government action. So did the Malaysians who posted or shared informed of this Government decision/action and WHY it was done? Remember, how PM Anwar Ibrahim was angry when FB removed his post - thus he would understand how Malaysians feel when their post are removed - they want to know WHY? and, of course, where their right of Appeal lies? To the Minister or to FB or some App owner?
PUBLIC DISCLOSURE - of post removal actions and Why it was done is also important to EDUCATE people of the law broken, and why the government allege the particular law was broken - remember in Section 233, it can be removed if it was 'obscene,
indecent, false, menacing or grossly offensive in character' and secondly that it was done with the '... with intent
to annoy, abuse, threaten, harass or commit an offence involving fraud
or dishonesty against, any person...' - so the information needed was (a) was it obscene, false, menacing, grossly offensive - and why was it so?, and (b) secondly tell us what was the intention = was to annoy, harrass, commit fraud or dishonesty against persons... The government must disclose this clearly...so that persons aggrieved can rightfully appeal the government's decision.
If other laws, mention it clearly.
TRANSPARENCY demands that the full list of post/accounts acted upon by the government maybe on the MCMC website - so persons aggrieved know, and can then appeal to the Minister, and/or later take up a legal challenge in court.
The Malaysian Bar and many others have called for the REPEAL of Section 233 - because it is unjust and too vague, and open to abuse...
At present the Government by its action causes the removal of posts - but sometimes 'hides' its action, so people will wrongly assume it was done by the social media platform on its own. If the Government did it or made the removal request, be HONEST and disclose it.
Was the content of the removed post really FALSE or menacing or grossly offensive to people, or just maybe some Minister or the government of the day? Did it really annoy or harass the people or just the PM and the government? It is a bad piece of legislation that ought to be REPEALED.
300,000 post removed - but why have those who made these post not been charged in Court? Is the government worried that the Court will decide differently from what the government decided?
There must be a requirement for a COURT WARRANT before the government can act to remove any post. That allows the INDEPENDENT Court to assess whether the said post really breaks Malaysian laws, and ought to be removed or not. The court may NOT AGREE with Minister Fahmi. Going to Court for a Warrant is also HONEST, and it allows for the person who posted the right to challenge the Court Order, knowing also that its was the government who violated his freedom of speech, expression and right of communication... and not falsely blame some sosial media provider...
Section 233 COMMUNICATIONS AND MULTIMEDIA ACT 1998(1) A person who-
(a) by means of any network facilities or network service or applications service knowingly- (i) makes, creates or solicits; and (ii) initiates the transmission of,
any
comment, request, suggestion or other communication which is obscene,
indecent, false, menacing or grossly offensive in character with intent
to annoy, abuse, threaten, harass or commit an offence involving fraud
or dishonesty against, any person; or
(b)
initiates a communication using any applications service, whether
continuously, repeatedly or otherwise, during which communication may or
may not ensue, with or without disclosing his identity and with intent
to annoy, abuse, threaten or harass any person at any number or
electronic address,
commits an offence.
OPEN Transparent Action also EDUCATES the Public about the LAW - and what they can do and cannot do. Simply secretly blocking posts, for some unclear reason, may lead to a false impressions, and also continued ignorance of the law. A person may simply post again something not knowing that he/she is breaking the law because of current practice...
No one is unhappy with the REMOVAL of pornography, online gambling, scam sites - but the concern is that the government may be ABUSING its power to remove views/expressions/whistle blowers content/etc that differ or oppose the government views, or the Prime Minister's/Ministers views, maybe even views/expressions that support the Opposition parties,etc That is a violation of Human Rights - our Freedom of Expression/Opinion/Etc
FALSE - If it is FALSE, government's duty is to correct it. Just removal of post is FOOLISH - for people still do not know the truth.
What the government claim is FALSE may later turn out to be true - Remember once the Attorney General claimed that Najib did no CRIME with regard the 1MDB cases - today, we know what the government then said was FALSE - for Najib since then have been convicted and currently serving a sentence.
FALSE too sometimes is RELATIVE - and many a times, where one said something was false was proven wrong. Anwar too, did he not claim his charges were 'FALSE' - but then the Court decided that they were indeed true, and he was convicted at end.
SUHAKAM notes that Section 233 of the Communications and
Multimedia Act (CMA) and laws such as the Sedition Act 1948, the
Peaceful Assembly Act 2012 and Section 504 and 505 of the Penal Code and
The Security Offences (Special Measures) Act 2012 (Sosma) are being
used to censor, intimidate, silence critics and curtail freedom of
expression and speech. Human Rights Commission of Malaysia
Fahmi: Over 300,000 online content removed for violating national laws
The measures are to prevent the
spread of criminal activities and harmful content that could damage
public morality and threaten national security.
Updated 8 hours ago · Published on 26 Feb 2025 8:55AM
The right to freedom of expression is not absolute and remains subject to existing laws - February 26, 2025A TOTAL 300,952 pieces of content were removed from 2024 to Jan 25, this year for violating national laws.In a written parliamentary reply,
Communications Minister Fahmi Fadzil said these followed requests from
the Malaysian Communications and Multimedia Commission (MCMC).
"The right to freedom of expression is
not absolute and remains subject to existing laws, as outlined in
Article 10(2) of the Federal Constitution.
"Every content removal adhered to
existing legal provisions, including the Communications and Multimedia
Act 1998, the Penal Code, and other criminal laws," he said.
He said social media platform providers
also removed 300,952 pieces of content identified as violating Section
233 of the Communications and Multimedia Act 1998 and other offences
under national laws.
"Of this total, 17,514 were false
content, 14,374 were offensive content, 1,146 were pornographic content,
144 were threatening content, 34 were indecent content, and the
remaining 267,740 involved criminal offences under the jurisdiction of
other agencies," he said.
He said the measures are to prevent the
spread of criminal activities and harmful content, such as hate speech
or material that could damage public morality and threaten national
security.
"It is not intended to suppress media freedom or restrict citizens' freedom of expression," he added. - February 26, 2025, Vibes
Fahmi: 3,670 websites with obscene material blocked and 1,993 posts removed
MCMC increased its monitoring efforts with service providers to quickly identify, block, and remove obscene ads on social media.
Updated 1 day ago · Published on 25 Feb 2025 2:02PM
Fahmi was responding to Dr. Halimah Ali (PN-Kapar) in the Dewan Rakyat - February 25, 2025
A TOTAL of 1,993 obscene social media
posts were removed, and 3,670 websites with obscene material blocked
from 2022 to February 15.
Communications Minister Fahmi Fadzil said
the Malaysian Communications and Multimedia Commission (MCMC) increased
its monitoring efforts with service providers to quickly identify,
block, and remove obscene ads on social media.
"Between 2022 and February 15, platform
providers removed 1,993 obscene posts after requests from MCMC under the
Communications and Multimedia Act (CMA) 1998. During the same period,
3,670 websites were blocked.
"To create a safer online environment for
everyone, MCMC requires all social media and messaging services with at
least eight million registered users in Malaysia to apply for a license
starting January 1.
"This measure aims to ensure compliance
with the CMA 1998 and adherence to MCMC's Code of Conduct (Best
Practices), enhancing accountability for online content and user
interactions," he said.
Fahmi was responding to Dr. Halimah Ali
(PN-Kapar) in the Dewan Rakyat regarding the ministry's policies to
tackle pornographic ads on social media, tabloids, and online media,
which could encourage sexual harassment and create tension in marriages.
- February 25, 2025, Vibes
1Malaysia Development Berhad (1MDB) has today withdrawn its
US$248 million lawsuit against Riza Aziz, the Hollywood producer and
stepson of former Prime Minister Datuk Seri Najib Razak, along with his
two companies. During proceedings before High Court Judge Datuk Raja Ahmad
Mohzanuddin Shah Raja Mohzan, lawyer Rabindra S. Nathan confirmed that
he had received instructions to withdraw the action against Riza, Red
Granite Pictures Incorporated, and Red Granite Capital Limited. However, Rabindra did not provide a reason for the withdrawal in open court.
1MDB drops US$248 mil (about RM1.2 Billion) suit - WHY? !MDB is a government company - hence it belongs to the Malaysian people, and as such our PM and Finance Minister is responsible - Did the Finance Minister Anwar Ibrahim OK this decision by 1MDB?
IMDB is wholly owned by the Minister of Finance (Incorporated) - and thus 1MDB cannot do anything without the approval/consent of the Minister of Finance Anwar Ibrahim... so please explain?
Remember in May 2020, Riza Aziz criminal case was discontinued by the Attorney General/Public Prosecutor Idrus bin Harun
“These
representations have been considered most carefully by those concerned
and a decision has been arrived [at]. An agreement has been arrived at
between the prosecution and the accused under the terms of which the
Federal Government will receive a substantial sum running into several
millions of ringgit.
“The sums
have direct reference to the subject matter of the charges framed in
this case. The accused has throughout this process receive adequate and
competent legal representation. As a consequence of the agreement
arrived at, the charges against the accused will not be proceeded with
for the present pending the completion of the agreement.
“If there
is satisfactory completion of the agreement then appropriate steps will
be taken to ensure that the accused obtains a full acquittal.
“But if
there is no satisfactory completion of the agreement reached the
prosecution reserves its right to reinstate the charges and to prosecute
the accused to the full limit of the law,” Sri Ram added.- Edge, 14/5/202
Riza Aziz was charged with five counts of money laundering
amounting to US$248 million (RM1.25 billion), allegedly misappropriated
from 1Malaysia Development Bhd (1MDB) funds. The agreement was that he will be DISCHARGED and he will return the said monies, and if he did not he will be charged again... it was a DNAA. If Riza was not DNAAed, he will not return the money?
This happens after Tommy Thomas resigned as AG/Public Prosecutor on 28/2/2020. The DNAA of Riza Aziz happened when the Attorney General/Public Prosecutor was Tan Sri Idrus bin Harun (Mac 2020 - September 2023) - only AG/PP have power to discontinue a criminal trial - not any DPP, not even lead prosecutor and former Federal Court judge Datuk Seri Gopal
Sri Ram.
So, the worry then amongst some was that the CRIME be forgiven so long as the fruits of the crime are returned - is a very BAD Precedent. So, if criminals return the money stolen - they get not only a DISCHARGE but also sometimes an ACQUITTAL - meaning that will never ever again be charged for the same or similar crimes based on the same facts.
So, did RIZA AZIZ on his own return the MONEY to Malaysia or 1MDB - I presume he did not, and that is why 1MDB may have decided to sue him...
It does NOT COUNT, if law enforcement in another country(or Malaysia) manages to seize or recover the funds, and return it to Malaysia...
Since 1MDB assets recovery efforts were initiated in June 2018, Malaysia has received US$620 million from the US, made up of:
US$57 million from the proceeds of settlement with Red Granite Pictures (credited in March 2019);
US$137 million from the sale proceeds of Jho Low’s interest in the Park Lane Hotel (credited in April 2019);
US$126 million from the judicial sale of the luxury yacht,
Equanimity, by the Malaysian Admiralty Court (credited into the trust
account in December 2019); and
US$300 million (credited in April 2020) to Malaysia. - Edge, 15/4/2020
Now, 1MDB sued Riza and several companies to recover its monies - so WHY mysteriously have 1MDB dropped the suit now.
On May 7, 2021, 1MDB and its three subsidiaries sued Riza and his two
companies, alleging they had received around US$248 million in funds
they misused for their personal gain, including financing a Hollywood
film, The Wolf Of Wall Street...
BLAME must lie on the Finance Minister, the Prime Minister and the Cabinet since this a government owned company... not simply a government-linked company that owns part of the shares, etc..
Anwar Ibrahim may be a 'most forgiving' Prime Minister, and so he can be so for actions done by others that affected him ONLY personally - like he forgives the IGP for giving him a 'black eye' - but the crimes of Najib, his wife Rosmah, his step son Riza, his now DPM Zahid are crimes against the people of Malaysia... so, Anwar Ibrahim, even though a 'good friend' should act for Malaysia - and Malaysians have not forgiven yet...
In the recent anti-corruption rally - there was a poster 'Father of Liberation of the Corrupted' - BAPA PEMBEBASAN PERASUAH
The issue is not whether these 'criminals' have returned what they have stolen, The issue is PUNISHMENT for those who committed a crime - Are they GUILTY or NOT? That is a matter for the Court to Decide after a FAIR TRIAL - In Riza's criminal case, they discontinued (or paused) his criminal trial, a power that only the Attorney General/Public Prosecutor has, and he was given a DISCHARGE (or DNAA) - and this means Riza can still be RE-CHARGED.
# That could have been a strategic move to get the accused to return the Billions of Ringgit he took/stole - BUT did Riza and his companies return the monies to Malaysia themselves? It does not count that some law enforcement seized/acquired this money and returned it - that is NOT Riza himself returning the money??? The fact that the money 'stolen' is merely a MITIGATING factor that the Court will consider when imposing the sentence...he will likely get a lighter sentence because he, on his own, returned the fruits of his crime.
BUT, then, it looks it did not happen or maybe it did happen - for 1MDB commenced the suit against Riza and others to recover the monies...
If the said monies had been returned to Malaysia, then 1MDB would have simply claimed or initiated a suit against Malaysia to recover the lost funds...it did not do so.
Irrespective of whether 1MDB recovered the monies or not, they still had a LEGITIMATE cause of action against Riza and others - ultimately the Court decides, if 1MDB wins, how much will Riza and others have to pay. It is not simply about money ... so,why did 1MDB drop the SUIT - or maybe, Why did Finance Minister Anwar Ibrahim order/instruct 1MDB to drop the suit. Was there a settlement between parties - where the Defendants agree to apologize, pay some monies and do something and 1MDB drops the suit? I do not know....so, Anwar Ibrahim explain..
Re-CHARGE RIZA Aziz now - will AG/PP Dusuki do it?
Malaysians' DISCONTENT with PM Anwar Ibrahim is growing day by day - any many believe that Najib's 1MDB trial will also suddenly be discontinued, and he will be DISCHARGED(DNAA) or worse still ACQUITTED - meaning no future AG/PP can EVER charge him again for the same charge or other charges based on similar facts..
Art 7(2) Federal Constitution - A person
who has been acquitted or convicted of an offence shall not be tried
again for the same offence except where the conviction or acquittal has
been quashed and a retrial ordered by a court superior to that by which
he was acquitted or convicted.
Section 302(1) Criminal Procedure Code - A person
who has been tried by a Court of competent jurisdiction for an offence
and convicted or acquitted of that offence shall, while the conviction
or acquittal remains in force, not be liable to be tried again for the
same offence nor on the same facts for any other offence for which a
different charge from the one made against him might have been made
under section 166 or for which he might have been convicted under
section 167.
The above is the GENERAL rule - but there may be exceptions.
ANWAR IBRAHIM must resign as FINANCE MINISTER immediately- it was a very important position that the PM and Finance Minister must NOT be the same person. The Prime Minister is an important 'check and balance' to prevent the wrongdoings of any Minister in his/her Cabinet including the Finance Minister. Cabinet is an important check and balance to prevent abuse by any member of the Cabinet.
Maybe, we need a specific LAW governing the workings of the Cabinet - actions of any Minister should require Cabinet Approval be it by unanimous vote, two third majority or simple majority. Cabinet shall be liable for any action/omission of any member of Cabinet. After the 1MDB scandal - rightly all Cabinet Members should have been liable for all that happened - including criminal liability...What do you think?
Anthony Loke, the biggest party in PH - Are you OK with this IMDB dropping the case?
Mat Sabu, are you OK?
Rightly, all the PH leaders would have been consulted and made a decision that it is OK for PM/Finance Minister to APPROVE 1MDB's action of dropping the suit?
Did Cabinet approve?
Or wonder whether Finance Minister Anwar will come out and say something like 1MDB made the decision and acted WITHOUT my knowledge??? UNACCEPTABLE because as Prime Minister and Finance Minister - you are RESPONSIBLE - It is odd to say you were not informed and 1MDB decided on its own without prior consultation or orders...or that you were 'misled' or 'conned' by your public officers and subordinates...
Anyway, Malaysians were very ANGRY with the UMNO-BN government - and they chose to OUST them from government, GE14 - the won about 70 seats...but people were still angry, and in GE15, BN only managed to win 30 seats... They were angry with PH after GE14 possibly for delayed reforms and/or U-turns, and PH was punished with lesser seats in GE15. When PH joined hands with BN, the risk of the anger of the people lashing out in GE16 is very real - we may see the destruction of the PH and BN... We shall see...we shall see?
Finance Minister Anwar Ibrahim, please explain why you ordered/instructed or approved 1MDB to drop the suit against Riza Aziz(Najib's step son) and others?
There must be a Parliamentary Select Committee that MONITORS government owned and/or linked companies like 1MDB, and other government controlled companies. What these companies do or don't do affect Malaysian and Malaysian peoples' monies. Inquire into 1MDB's decision to drop this suit...
1MDB drops US$248mil lawsuit against Riza Aziz and his companies
By Dawn Chan -
February 24, 2025 @ 5:38pm
DB)
has today withdrawn its US$248 million lawsuit against Riza Aziz, the
Hollywood producer and stepson of former Prime Minister Datuk Seri Najib
Razak. NSTP FILE PIC
KUALA
LUMPUR: 1Malaysia Development Berhad (1MDB) has today withdrawn its
US$248 million lawsuit against Riza Aziz, the Hollywood producer and
stepson of former Prime Minister Datuk Seri Najib Razak, along with his
two companies.
During proceedings before High Court Judge Datuk Raja Ahmad
Mohzanuddin Shah Raja Mohzan, lawyer Rabindra S. Nathan confirmed that
he had received instructions to withdraw the action against Riza, Red
Granite Pictures Incorporated, and Red Granite Capital Limited.
However, Rabindra did not provide a reason for the withdrawal in open court.
Riza's lawyer, Tan Sri Muhammad Shafee Abdullah, did not object to the move.
The judge then directed both parties to file written submissions on
costs by Thursday, and set Friday (Feb 28) to address the issue of
costs.
On May 7, 2021, 1MDB and its three subsidiaries sued Riza and his two companies, alleging they misappropriated around US$248 million in funds for personal use, including financing a film and purchasing various properties.
The lawsuit was filed by 1MDB and its subsidiaries – 1MDB Energy
Holdings Limited, 1MDB Energy Limited, and 1MDB Energy (Langat) Limited –
seeking a declaration that Riza was responsible for the misappropriated
funds and demanding repayment.
In a statement of defence filed on Oct 25, 2021, Riza and his two
companies claimed to have secured the loan from the Saudi royal family
or the International Petroleum Investment Company to finance several
films in the United States.
They argued that it was difficult for an unknown film producer to
obtain bank loans and that this necessity led them to seek funds from
individuals or companies.
During the trial, which began in October last year, 1MDB called four
witnesses, including former 1MDB chief executive officer Datuk Shahrol
Azral Ibrahim Halmi, former 1MDB General Counsel Jasmine Loo Ai Swan,
and financial fraud investigator Richard Templeman.
The defendant called one witness, Malaysian Anti-Corruption
Commission Special Operations Division director Datuk Mohamad Zamri
Zainul Abidin.
Zamri testified that Riza was charged in July 2019 with five counts
of money laundering involving US$248 million and that Riza's lawyers had
sought a global settlement with the Attorney-General's Chambers (A-GC)
for the recovery of the funds. - NST, 24/2/2025
Following this, Riza was discharged not amounting to an acquittal (DNAA) by Sessions Court Judge Azman Ahmad after a global settlement agreement in May 2020.
In a statement read out in open court, the late deputy public
prosecutor Datuk Seri Gopal Sri Ram had said under the terms agreed by
both parties, he said the federal government would receive a substantial
sum amounting to millions of ringgit, which have direct reference to
the subject matter of the charges.
Sri Ram had said as a consequence of the agreement, the charges
against the accused would not proceed pending the completion of the
terms of the agreement.
Hearing of IMDB suit against Riza Aziz to begin on Oct 16 next year
By Bernama -
April 12, 2023 @ 3:13pm
The
hearing of a lawsuit filed by 1Malaysia Development Berhad (1MDB) and
three of its subsidiaries against Riza Shahriz Abdul Aziz, the stepson
of former Prime Minister Datuk Seri Najib Tun Razak, for alleged
misappropriation of funds amounting to US$250 million for film
production and purchase of the real estate, will begin on Oct 16 next
year at the High Court here. - NSTP file pic
KUALA
LUMPUR: The hearing of a lawsuit filed by 1Malaysia Development Berhad
(1MDB) and three of its subsidiaries against Riza Shahriz Abdul Aziz,
the stepson of former Prime Minister Datuk Seri Najib Tun Razak, for
alleged misappropriation of funds amounting to US$250 million for film
production and purchase of the real estate, will begin on Oct 16 next
year at the High Court here.
The three 1MDB's subsidiaries are 1MDB Energy Holdings Limited, 1MDB Energy Limited and 1MDB Energy (Langat) Limited.
Lawyer Desmond Low Zhi Jie, representing Riza, also known as Riza
Aziz, and his two companies, Red Granite Pictures Incorporated and Red
Granite Capital Limited, said the trial had been set for Oct 16 to 18,
21 to 25, Oct 28 to Nov 1 and Nov 4, 2024.
"The hearing will be before Judicial Commissioner Datuk Raja Ahmad
Mohzanuddin Shah Raja Mohzan," said the lawyer when contacted today.
According to Low, tomorrow is set for case management.
On May 7, 2021, 1MDB and its three subsidiaries sued Riza and his two
companies for allegedly receiving around US$248 million in funds that
they misused for their personal gain, including financing a film and
purchasing various properties.
The plaintiffs are seeking a declaration that Riza is responsible for the misappropriated funds and demand repayment.
Riza and his two companies, in a statement of defence filed on Oct
25, 2021, claimed to have obtained the loan from the Saudi royal family
or the International Petroleum Investment Company to produce several
films in the United States.
He claimed that it was difficult for an unknown film producer to
obtain bank loans and that had compelled him to seek funds from
individuals or companies. – BERNAMA, NST, 12/4/2023
Prosecution asks for discharge not amounting to acquittal on Riza Aziz in 1MDB money laundering case
ByHafiz Yatim / theedgemarkets.com
14 May 2020, 12:40 pm
Prosecution asks for discharge not amounting to acquittal on Riza Aziz
KUALA
LUMPUR (May 14): The Sessions Court today granted a request by the
prosecution to give a discharge not amounting to an acquittal to Datuk
Seri Najib Razak's step-son, Riza Aziz, who was charged with five counts
of money laundering amounting to US$248 million (RM1.25 billion),
allegedly misappropriated from 1Malaysia Development Bhd (1MDB) funds.
This
follows lead prosecutor and former Federal Court judge Datuk Seri Gopal
Sri Ram applying for the discharge not amounting to an acquittal —
subject to Riza returning part of the loot which amounts to “several
millions of ringgit”.
However,
should the accused fail to return the sum — the amount which is not
immediately known but is understood to refer to a substantial figure —
the prosecution may reinstate the full charges and prosecute him to the
full extent of the law, said the prosecutor.
The discharge was given by Sessions judge Azman Ahmad.
Riza was represented by lawyers Datuk Hariharan Singh Tara Singh and Tania Scivetti.
Sri Ram
read a prepared statement in the prosecution's request for the discharge
not amounting to an acquittal on Riza, who was formerly a Hollywood
producer and co-founder of Red Granite Pictures, the American film
production and distribution company that made The Wolf of Wall Street.
The
former federal court judge said that since 43-year-old Riza had been
charged last July with money laundering, the accused had made several
requests for representation by his solicitors with the relevant
authorities.
“These
representations have been considered most carefully by those concerned
and a decision has been arrived [at]. An agreement has been arrived at
between the prosecution and the accused under the terms of which the
Federal Government will receive a substantial sum running into several
millions of ringgit.
“The sums
have direct reference to the subject matter of the charges framed in
this case. The accused has throughout this process receive adequate and
competent legal representation. As a consequence of the agreement
arrived at, the charges against the accused will not be proceeded with
for the present pending the completion of the agreement.
“If there
is satisfactory completion of the agreement then appropriate steps will
be taken to ensure that the accused obtains a full acquittal.
“But if
there is no satisfactory completion of the agreement reached the
prosecution reserves its right to reinstate the charges and to prosecute
the accused to the full limit of the law,” Sri Ram added.
When contacted, Hariharan and Scivetti confirmed that their client was granted a discharge not amounting to acquittal.
“We are
extremely thankful to the Attorney General’s Chambers and the MACC. Aziz
is pleased to make good on his obligations to those authorities and
looks forward to beginning the next chapter of his life," said his
lawyers.
"But we
are not at liberty to disclose what the terms of the settlement are.
Sorry," they said when asked about the possible terms or quantum of the
settlement.
It was
previously reported that Riza had sent a representation letter to the
Attorney General's Chambers and the court was awaiting the outcome of it
prior to the court fixing dates for trial.
Riza is the son of the former premier's wife Datin Seri Rosmah Mansor from her previous marriage.
According
to previous reports, assets belonging to Riza and fugitive financier
Low Taek Jho — better known as Jho Low — were seized by the United
States Department of Justice in relation to the 1MDB probes.
It was reported that the US had returned US$300 million (RM1.3 billion) of seized 1MDB assets to Malaysia last month. - Edge, 14/5/2020
Muhyiddin thanks US and DOJ for returning US$300 million of seized 1MDB assets
ByHafiz Yatim / theedgemarkets.com
15 Apr 2020, 08:10 am
KUALA
LUMPUR (April 15) : Prime Minister Tan Sri Muhyiddin Yassin today
thanked the United States government and its Department of Justice (DOJ)
for its return of US$300 million of funds recovered from seizures
related to 1Malaysia Development Bhd (1MDB).
The funds are an outcome of the Kleptocracy Asset Recovery Initiatives of the DOJ in relation to 1MDB.
Muhyiddin
in a statement today said on Oct 30, 2019, Penang fugitive businessman
Low Taek Jho, better known as Jho Low, had reached a settlement with the
DOJ pertaining to numerous forfeiture claims filed by the DOJ against
assets he had purchased using 1MDB monies.
“The
US$300 million represents some of those assets which had been forfeited
and later sold. It also includes proceeds from 1MDB-linked assets that
were given up or forfeited by individuals linked to Jho Low.”
“The
Government of Malaysia is pleased to share that thus far, inclusive of
this most recent tranche of US$300 million, a total of US$620 million of
1MDB monies – in the form of sales proceeds or assets – have been
returned to Malaysia. The process to sell Jho Low’s remaining forfeited
assets under the DOJ consent forfeiture judgment is ongoing,” Muhyiddin
said.
Since 1MDB assets recovery efforts were initiated in June 2018, Malaysia has received US$620 million from the US, made up of:
US$57 million from the proceeds of settlement with Red Granite Pictures (credited in March 2019);
US$137 million from the sale proceeds of Jho Low’s interest in the Park Lane Hotel (credited in April 2019);
US$126 million from the judicial sale of the luxury yacht,
Equanimity, by the Malaysian Admiralty Court (credited into the trust
account in December 2019); and
US$300 million (credited in April 2020) to Malaysia.
Expressing
gratitude to the US government, in particular to its embassy here, the
prime minister said its assistance and cooperation in facilitating the
return of the US$300 million is deeply appreciated.
“I would
also like to commend Malaysia’s Minister of Finance and the
Attorney-General for their role in the negotiation process. 1MDB asset
recovery efforts are ongoing, and the Government will continue to work
with the US, the DOJ and other governments to recover and repatriate
more 1MDB monies in the future,” Muhyiddin said.
In a
separate statement, US Ambassador to Malaysia Kamala Shirin Lakhdhir
said: “We are again extremely pleased to continue transferring assets
back to Malaysia as part of this DOJ investigation. Although the world
is facing the Covid-19 pandemic, the US government made special efforts
to ensure that the transfer was expedited during this challenging time."
“For more
than 60 years, the US has been a close partner and friend to Malaysia
and our cooperation in this investigation highlights our shared
commitment to upholding good governance, combatting official corruption
and ensuring justice is served,” she added.
Former
prime minister Datuk Seri Najib Razak is still on trial in facing 25
charges that includes 21 for money laundering a total of RM2.28 billion
and four abuse of power in relation to the said 1MDB funds. His trial
was supposed to continue to proceed this month but had been shelved
temporarily following the virus outbreak. - Edge, 15/4/2020
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