Suaram now calls the scandal 'the great
Malaysian robbery', saying that the issue has now magnified into a web
of lies involving a slew of companies.
KUALA
LUMPUR: Investigations by French prosecutors found a document
indicating that the then defence minister, Najib Tun Razak, sought a
US$1 billion (RM3 billion) “condition” for a meeting between French
company DCNI and him in 2001, alleged rights group Suaram.
The sum was said to be for Perimekar Sdn Bhd’s “stay in France.”
At a press conference today, Suaram – which is the complainant in an
ongoing French judicial probe into the controversial Scorpene submarines
deal – revealed contents from investigation papers which were made
available to the NGO.
“We were really shocked to find that one of the documents contained
Najib’s name and (he) had placed a condition in writing in France that
DCNS (the shipbuilding company that sold the submarines to Malaysia)
would need to pay a maximum sum of US$1 billion to Perimekar for their
stay in France,” claimed Suaram secretariat member Cynthia Gabriel.
This was revealed in a note faxed from a representative from Thales
International Asia (which brokered the deal on behalf of arms
manufacturer DCNS – the parent company of DCNI – with Perimekar and the
Malaysian government), Francois Dupont, to his bosses.
In the note, entitled “Malaysia/Submarine Project”, Dupont indicated
that a meeting with Najib on July 14, 2001 would take place with the
abovementioned “condition” but it was not known if the meeting
transpired.
Perimekar is directly linked to Abdul Razak Baginda, a close
associate of Najib, who was acquitted of abetting in the murder of
Mongolian national Altantuya Shaariibuu. The murder case was allegedly
connected to the submarines deal.
The note in question was obtained by prosecutors on May 28, 2010. It
details Dupont’s visits to Malaysia during which he attended negotiation
meetings with the Defence Ministry and the management of Perimekar.
“Basically, we’re finding out more about the mechanics of Perimekar,
the company that was the recipient of the 114.96 million euros (RM574.8
million) in commissions and kickbacks, and we’re getting more questions
than answers,” she said.
‘Great Malaysian robbery’
Gabriel said Suaram currently had “privileged full access” to the
French investigators’ 153 investigation papers, which were translated
for Suaram by interpreters and lawyers.
However, copies of the investigation papers were not released to the media.
So far, claimed Gabriel, the French investigations led to
“unprecedented levels” of discoveries in the case, including the
revelation of a “whole slew” of other companies that benefited from “new
commissions” or “sweeteners” from the entire procurement process.
Suaram had now termed the whole Scorpene scandal as “the great Malaysian robbery”.
“It is no longer just the 114.96 million euros in commissions to
Perimekar… it has magnified into a web of lies involving a slew of
companies formed to complicate the concealment of the blatant robbery of
Malaysian and French taxperyers’ money,” she said.
Gabriel alleged that more “retro-commissions” had surfaced, allowing
for the misuse of bodies such as the pilgrimage funds (Lembaga Tabung
Haji) and the military pension funds (Lembaga Tabung Angkatan Tentera).
“The Malaysian and French people have been clearly misled, cheated
and robbed of their monies through blatant corruption and mismanagement
of funds in the name of national secret and security,” she said.
‘Evolved into criminal investigation’
Meanwhile, Suaram secretariat member and lawyer Fadiah Nadwa Fikri
said the French judicial probe had now “evolved into a criminal
investigation.”
“It would result in criminal prosecution of those involved in this
corruption scandal, our French lawyers William Bourdon and Joseph
Breham, have said. The parties involved in the scandal would soon be
charged in the French criminal court. It’s going to be bigger than it
already is now,” she said.
Fadiah said that the judge, Roger Le Loire, had accepted Suaram’s
proposed list of seven witnesses, including Najib, Abdul Razak, and
current defence minister Abdul Zahid Hamidi.
Other potential witnesses include: private investgator S
Balasubramaniam, Altantuya’s father Setev Shariibuu, Razak Baginda’s
wife Mazlinda Makhzan, Lodin Wok Kamarudin (both directors of Perimekar)
and Jasbir Chahl, as one of the potential middlemen of the deal.
Subpoenas, said Fadiah, would be issued by the judge soon and the witnesses would be called to testify.
Fadiah said that according to French law, the court could take
several actions to compel Malaysian witnesses to assist in the inquiry:
1. Judge would issue a subpoena.
2. Once the subpoena is issued, the witness is obliged to appear before the court.
3. If the witness refuses, the court could issue a notice of “mandate d ‘amener” to compell the witness to attend court.
4. If the witness fails to oblige, a warrant of arrest might be
issued. This warrant is applicable within French boundaries, and might
be internationalised if the judge deems it necessary.
5. A red alert could be sent to Interpol, if the situation warrants, based on the discretionary powers of the judge.
Suaram, said Fadiah, hoped that Malaysian officials would cooperate
and assist in the probe as it was simply the “truth” that was being
sought by the NGO.
The RM7.3 billion deal to purchase two Scorpene submarines with DCNS
and Spainish Navantia was inked in 2002, when Najib was defence
minister.
In December 2009, Suaram filed a complaint with the French courts
asking for access to information regarding government contracts signed
with Perimekar and other information classified as official secrets in
Malaysia.
In April 2010, the French courts accepted the request to investigate
the claim of corruption for a payment amounting to 114 million euros
from DCNS to Perimekar.
Under the French justice system, an investigative judge has the power to perform both as a judge and investigating prosecutor.
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