Tuesday, January 26, 2016

AG Apandi Ali - Director of LUTH? Was this 'gratification' for how he dealt with criminal allegations against PM? Explain please..

Tan Sri Mohamed Apandi Ali, is the Public Prosecutor of Malaysia. As such,  his duty is to prosecute persons who allegedly commit offences in Malaysia. His is not to judge the guilt or innocence - that it the role of the Courts and judges.

A public prosecutor is not a Judge - but somehow, this former Judge, seems to be uncertain about his role.

As Public Prosecutor, he does not have the right to pass judgment on the guilt or innocence of Najib Tun Razak, for that is the duty of the Courts. He should confine himself to just saying that there was no evidence, or 'insufficient evidence' for the prosecution to charge Najib Tun Razak in court for corruption. The case remains 'open' - for maybe in the future sufficient evidence may be found.

In fact, it was reported that he did say that.. there was insufficient evidence to implicate the Prime Minister. For me, that would mean that there was some evidence and not enough... and, as such the case is still open. Maybe, in the future, when there is 'sufficient evidence', the Public Prosecutor can still proceed and charge Najib Tun Razak for corruption..

Tan Sri Mohamed Apandi Ali, who is also public prosecutor, today told a packed press conference at his office in Putrajaya there was “insufficient evidence” to implicate the prime minister.

It would be good for Malaysians to have access to the full statement of the Public Prosecutor. Reliance only on news reports may not give the full picture. 

I hope to discuss further on this matter about the law and other related matters in a later post. 

For, now I would like to say that I am most disturbed with another media report saying that Tan Sri Mohamed Apandi Ali has been made a Director in Lembaga Urusan Tabung Haji(LUTH).

I checked the LUTH website, and it is true that he is listed as a member of the Board of Directors [But no indication as to when the appointment happened]-  http://www.tabunghaji.gov.my/lembaga-pengarah#

This is scandalous because, amongst others, this may generate a negative public perception:-

a) That the appointment of the AG as Director of LUTH (most so if he is also paid Director's allowances, etc) can be perceived as a form of 'gratification' for the way he handled(or was handling) the investigation on the possible corruption of Najib Tun Razak, and the 1MDB related matters. If so, the AG Apandi Ali himself may have himself committed an offence of corruption - and, who will be investigating and deciding whether to prosecute or not the Public Prosecutor Apandi Ali?

b) Now some people in LUTH are been alleged to be linked to 1MDB (based on an earlier report by Malaysiakini), and that the LUTH itself may be involved in the 1MDB (or transactions of 1MDB and/or its subsidiaries).

c) As the Attorney General of Malaysia, also the Public Prosecutor, it is so wrong for him to be holding any position in any other companies, statutory bodies, etc... - It surely may affect his independence in his work as Public Prosecutor. Being a Director of LUTH, how will be deal with allegations against LUTH, or any of its Directors/officers/etc?    

* Well, it may be shown later, that this appointment happened long ago before he even became the AG of Malaysia, but then he was a Judge. It does not matter, in my opinion, for no Judge also should be sitting as a Director of any company or statutory body. When appointed Judge or AG, he should have immediately resigned his Directorship? He should just have one job - and one source of income only - that is, being AG or judge.

I believe, when someone becomes a Judge or the Attorney General, there must be full disclosure of his/her and immediate families interest, and this information should be made available online on the relevant website. 

In fact for an AG(Public Prosecutor), Judges and senior public officials, I believe, there must be a 'cooling off' period of at least 3 years even after their retirement before they accept such positions in companies, statutory bodies or government. 

Perception of independence is most important in the administration of justice, and government administration. 

I recently heard that our former AG is currently doing his pupilage in a law firm, as a step to be admitted to the Bar. He can maybe be admitted to the Bar, but I do not think it is right for him to commence practice thereafter, at least not until the "cooling off" period has lapsed.

So, I call upon AG Apandi Ali to provide an explanation. He must also immediately RESIGN as the Director of LUTH. I also want him to tell us whether he received any monetary or benefit being a Director of LUTH. I would suggest that he immediately returns the said monies - or better still, pass it on to our financially struggling government.

AG Apandi Ali named as a Tabung Haji director

Published     Updated     16 comments
Attorney-general Mohamed Apandi Ali has been appointed to the board of directors of Lembaga Tabung Haji.

He is listed as a director of the pilgrimage fund on its website.

This comes as the fund is reported to have slipping reserves, raising alarm among its depositors.

"Yes, we can confirm the appointment of Apandi Ali on Tabung Haji's board of directors recently," Tabung Haji communications and public affairs division general manager Anis Zuhani Ahmad told The Malaysian Reserve.

Deputy Minister in the Prime Minister's Department Asyraf Wajdi Dusuki this morning assured that all is well in Tabung Haji, and further details will be released later today.

He said this in response to a leaked letter allegedly from Bank Negara Malaysia warning Tabung Haji of its slipping reserves.

BNM warned that this could undermine the fund's ability to pay dividends, which could result in mass withdrawals from depositors.

The news also comes as Apandi announced that no charges will be made against Prime Minister Najib Abdul Razak.

This is regarding the RM2.6 billion found in Najib's bank accounts and RM42 million alleged to be channelled to Najib from state-owned firm SRC International.

Apandi said all the cases are now closed. - Malaysiakini, 26/1/2016,


No criminal offence over RM2.6 billion in Najib’s accounts, case closed, says A-G

Datuk Seri Najib Razak has been cleared of any criminal wrongdoing, the attorney-general said today, after close to six months of investigations into the RM2.6 billion channelled into the prime minister’s bank accounts and into Finance Ministry-owned firm, SRC International Sdn Bhd.

Tan Sri Mohamed Apandi Ali, who is also public prosecutor, today told a packed press conference at his office in Putrajaya there was “insufficient evidence” to implicate the prime minister.

“Based on facts and evidence, no criminal offences have been committed by the PM in relation to three investigation papers.

“I hereby order the MACC (Malaysian Anti-Corruption Commission) to close the investigation papers,” 
Apandi said. 
The three papers are one on the RM2.6 billion donation and two on SRC International which had taken a RM4 billion loan from the Retirement Fund Inc or KWAP. Apandi today also cleared Najib of any wrongdoing in relation to SRC International.

Apandi said that based on evidence from witnesses and supporting documents submitted by the MACC, the sum of US681 million (RM2.08 billion) deposited into the personal accounts of the prime minister between March 22, 2013 and April 10, 2013 was a personal donation to Najib from the Saudi royal family which "was given to him without any consideration".

"MACC in their investigation personally met and recorded statements from witnesses, including the donor, which confirmed that the donation was given to the PM personally," he said.

Apandi said he was satisfied that there was no evidence to show that the donation was a form of gratification given corruptly.

"Evidence obtained from the investigation does not show that the donation was given as an inducement or reward for doing of forbearing to do anything in relation to his capacity as a prime minister," said Apandi who read a statement from a prepared text.

Furthermore, the A-G said the prime minister returned US$620 million (RM2.03 billion) to the Saudi royal family in August 2013 because the money was not utilised.

“There (is) no evidence to show that Yang Amat Berhormat PM had any knowledge and, or was informed that the monies had been transferred into his personal accounts from the accounts of SRC International.

“There (is) no evidence that YAB PM had given any approval for the transfer of monies from the account of SRC International into his personal accounts,” Apandi said.

Based on the evidence, the A-G said he was satisfied that no criminal offence had been committed in relation to the said RM2.08 billion.

MACC last year opened investigations following reports in The Wall Street Journal and Sarawak Report in July last year alleging that of the RM2.6 billion donation, RM42 million had originated from SRC International, a subsidiary of Najib’s brainchild, 1Malaysia Development Bhd (1MDB).

This was according to documents on the money trail provided by Malaysian investigators, WSJ and Sarawak Report said.

A larger tranche of US$681 million was also transferred ino Najib’s accounts, originating from a British Virgin Islands company and going through Falcon Private Bank in Singapore, they reported.
MACC had recorded statements from more than 100 witnesses, including Najib and the individual who allegedly gave RM2.6 billion.
The agency first submitted investigation papers to the A-G on December 31, and had the papers returned with requests for more explanations on January 18. It resubmitted the papers last week.
MACC’s deputy director of operations Datuk Sri Mohd Shukri Abdull earlier said the RM2.6 billion probe was still incomplete as investigators needed to collect documents and statements from individuals from several overseas financial institutions.
Shukri said the commission filed a request with the A-G to obtain mutual legal assistance (MLA).
Apandi said today since no criminal offence had been committed, there was “no necessity” for Malaysia to make a request for an MLA to any foreign states to complete the investigation by the MACC in relation to the donation. – January 26, 201, Malaysian Insider..

AG says no criminal offence committed in relation to SRC, RM2.6bil donation

PUTRAJAYA: The Attorney-General’s Chambers has found that no criminal offence was committed by Prime Minister Datuk Seri Najib Tun Razak in relation to SRC International and the alleged RM2.6bil donation.

Attorney-General Tan Sri Mohamed Apandi Ali said at a press conference Tuesday that he found no evidence to show that the donation was "an inducement or reward for doing or forbearing to do anything in relation to his capacity as Prime Minister".

"Based on the evidence from witnesses and supporting documents submitted, I am satisfied that no criminal offence has been committed in the relation to the said donation," said Apandi.

He said the donation, which was actually RM2.08bil, was a personal donation from the Saudi royal family and given without any consideration.

On the two investigation papers on SRC International, Apandi said there were no evidences to prove that Najib had any knowledge nor had he given any approval for the transfer of the monies from the account of SRC International into his personal accounts.

"Based on the facts and evidences as a whole, I as the Public Prosecutor am satisfied that no criminal offence has been committed by the Prime Minister in relation to the three investigation papers.

"I will return the relevant investigation papers to MACC today at noon with instructions to close the three papers," he said. - Star, 26/1/2016


The Tabung Haji trio with 1MDB links

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Three top officials in Tabung Haji are directly involved with debt-laden 1Malaysia Development Bhd (1MDB), which raises the question of conflict of interest in a recent deal involving the two entities.

Yesterday, Tabung Haji admitted that it is acquiring a plot of land in the Tun Razak Exchange site from 1MDB for a sum of RM188 million.

This sparked controversy because it is widely known that 1MDB bought the land for the Tun Razak Exchange project from the federal government at a price that was far below market value.

Following this, Umno Youth and Umno supreme council member Saifuddin Abdullah zeroed in on the fact that this deal could be tainted by conflict of interest.

The three figures are:

Ismee Ismail

Ismee is the Tabung Haji group managing director and CEO. He also sits on the 1MDB board.

Johan Abdullah

Johan is the Tabung Haji deputy group managing director and deputy CEO.

He is also the chairperson of 1MDB subsidiary Edra Global Energy Sdn Bhd.

Edra acquired power assets from Powertek (formerly known as Tanjong Energy), Genting Sanyen and Jimah.

Abdul Samad Alias

Abdul Samad sits on the Tabung Haji investment panel.

He also sits on the 1MDB advisory board, which is chaired by Prime Minister Najib Abdul Razak. - Malaysiakini, Updated 23/5/2015

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