No case to answer? That was what someone from Najib’s office said earlier – let’s hope Susan is right instead.Malaysia may be forced to disclose sub deal details

Susan Loone | Apr 30, 10 11:18am

Malaysia can be compelled to provide information needed to solve the alleged corruption case involving the sale of two Scorpene submarines made by French shipbuilder DCN. MCPX Joseph Brehem (right), one of the French lawyers who is suing DCN on behalf of human rights NGO Suaram, may apply for an ‘international warrant of search’ to induce Malaysian officials to disclose information about kickbacks received by certain individuals. Brehem, who is on a two- day visit to gather more information on the case, said he can apply for Perimekar, the company owned by the wife of Abdul Razak Baginda, a close associate of Prime Minister Najib Abdul Razak, to reveal its accounts and explain how it obtained Euro114mil for doing nothing but “administrative” work. Putrajaya has to cooperate with Paris Razak (left) was later acquitted of abetting in the 2006 murder of his mistress, Mongolian interpreter Altantuya Shaariibuu, in a case which captured the nation’s attention. “Once a judge decides, he can issue an instruction called ‘the international warrant of search’ and this warrant of search will be sent to the Malaysian judiciary, ” said Brehem, at an exclusive interview with Malaysiakini in Kuala Lumpur, yesterday. “According to the UN Convention of Corruption (which Malaysia has been a party to since 2003), Malaysia is obliged to cooperate with the French on this,” he added. Brehem said if Malaysia does not respond to this instruction, it will prove that the government has “something to hide”. “The solution in corruption cases is always to follow the money,” he quipped. “Moreover, if we can find elements showing that Perimekar has parked its accounts somewhere else, in Malaysia, for example, then we have some chances,” he added. Brehem said the decision on sending such an instruction to the Malaysian judiciary relied entirely on the French judge. However, he added, if his application was rejected, he would file an appeal. The hefty sum of commission allegedly paid by DCN to Perimeker is against the law in France and action can be taken against its officials if found guilty of doing so. There are three laws against giving out commissions in France, under the 2002 Organisation for Economic Cooperation and Development Anti-Bribery Convention,  the 2003 United Nations Convention against Corruption  and French national law. [Malaysia is not party to the OECD Convention but it became a signatory of the UNCAC on December 9, 2003].

From Malaysiakini

French legal team in KL to probe Scorpene deal
John Berthelsen | Apr 28, 10 9:16am

Joseph Breham, a member of a French legal team that filed complaints in a Paris court in connection with a potentially explosive scandal over the billion-dollar purchase of French submarines by Malaysia is due to land in Kuala Lumpur today, to seek further information on the case and to speak with their clients, human rights organisation Suaram.

The deal was engineered by then-defense minister Najib Razak, now prime minister, in 2002 and resulted in a massive RM3.7 billion commission for one of Najib’s closest associates, Abdul Razak Baginda.

The purchase price included two Scorpene-class diesel submarines built by Armaris, a subsidiary of the French defense giant DCN (formerly Direction des Constructions Navales) and the lease of a third retired submarine manufactured by a joint venture between DCN and Spanish company Agosta.

Breham, one of the three lawyers who filed the case with Parisian prosecutors on behalf of Suaram, told Asia Sentinel the French court has opened a preliminary investigation into the matter and that he would be advising his clients on the next steps.

Breham, Renaud Semerdjian and William Bourdon, the lead lawyer, filed the request to investigate bribery and kickback allegations against DCN first in December and filed additional documents in February.

The case has been making headlines in Malaysia since the gruesome October 2006 murder of Altantuya Shaariibuu, a Mongolian translator and spurned lover of Razak Baginda who had accompanied him to France on some of the transactions over the submarines.

Altantuya was shot in the head and her body was blown up with military explosives in a patch of jungle outside of Kuala Lumpur. Two of Najib’s bodyguards, who were directed to intercede with her by Musa Safri, Najib’s chief of staff, have been convicted of the killing. Neither Najib nor Musa has ever been questioned by law enforcement officials about the case.

Although records showed Najib was in France at the same time as Altantuya and Razak Baginda, he has repeatedly sworn to Allah that he had never known Mongolian. One report filed by a private detective hired by Razak Baginda said she had been Najib’s lover first. After she was killed, authorities discovered a letter she had written saying she was blackmailing Razak Altantuya for US$500,000, although she did not say why.

In addition to the cost of the submarines and the whopping “commission” fee, it has now emerged that under the terms of the original contract, the vessels were basically bare of armaments and detection devices. The Malaysian military must pay an additional €130 million (RM550 million) to equip them.

“You mean we bought bare metal?” wrote one incredulous and anonymous military official in an email to Asia Sentinel.

Other countries investigated

The charges go well beyond the Malaysian purchase. Judges in the Paris Prosecution Office have been probing a wide range of corruption charges involving similar submarine sales and the possibility of bribery and kickbacks to top officials in France, Pakistan and other countries. The Malaysian piece of the puzzle was added in two filings, on Dec. 4, 2009 and Feb 23 this year.

French politicians seem to have a knack for backhanders. On Oct 26, in a trial that centered on illegal arms sales to Angola, Jean-Christophe Mitterrand, the son of the late president Francois Mitterand, was given a two-year suspended sentence and ordered to pay a €375,000 (RM1.6 million) fine for receiving embezzled funds.

The court ruled that he had accepted millions of euros in “consultant fees” on the arms deals between 1993 and 1998. In the dock with him were 42 people accused of selling weapons to Angola in defiance of a UN arms embargo, or of taking payments from the arms dealers and using their influence to facilitate the sales.
 
The trial, it was said, shined a light into a murky world of secret payments made in cash and discreet deals linking Parisian high society with one of Africa’s longest-running wars. But it hasn’t shined a light on what happened elsewhere with contracts concluded by the representatives of France, and particularly by DCN.

For instance, 11 French engineers employed by DCN, which peddled subs to Pakistan, were blown up in a bus bombing in 2002 which was first thought to have been perpetrated by Islamic militants. The 11 were in Karachi to work on three Agosta 90 B submarines that the Pakistani military had bought in 1994, with payment to be spread over a decade.

According to Reuters, commissions were promised to middlemen including Pakistani and Saudi Arabian nationals. Agosta is a subsidiary of DCN. It is believed that Pakistani military officials blew up the bus in retaliation for the cancellation of the payments.In the Taiwan case, the French company Thales, formerly Thompson-CSF sold six DCN-built La Fayette-class ‘stealth’ frigates to Taiwan in 1992 for US$2.8 billion (RM9 billion). At least six people connected with the case have died under suspicious circumstances including a Taiwanese naval captain named Yin Ching-feng, who was believed to have been killed because he planned to go to the authorities about fraud connected with the case. His nephew, who was also pursuing the case, a Thomson employee in Taiwan and a French intelligence agent were also among the dead.

It gradually emerged that some $600 million (RM1.9 billion) in commissions had been paid into various Swiss accounts set up by Andrew Wang Chuan-pu, the Taiwan agent for Thomson-CSF. In October 2008 a French judge finally ruled that no one could be prosecuted because of lack of evidence.
 
Half a billion ringgit in commissions

The Malaysian allegations revolve around the €114 million (RM482 million) payment to a Malaysia-based company called Perimekar for support services surrounding the sale of the submarines. Perimekar was wholly owned by another company, KS Ombak Laut Sdn Bhd, which in turn was controlled by Najib’s best friend, Razak Baginda, whose wife Mazalinda, a lawyer and former magistrate, was the principal shareholder, according to the French lawyers.
 
In the complaints filed in Paris, the issue revolves around what, if anything, Razak Baginda’s Perimekar company did to deserve RM482 million. Zainal Abidin, the deputy defense minister at the time of the sale, told Parliament that Perimekar had received the amount – 11 percent of the sale price of the submarines – for “coordination and support services”. The Paris filing alleges that there were neither support nor services. Perimekar was registered in 2001, a few months before the signing of the contracts for the sale, the Paris complaint states. The company, it said flatly, “did not have the financial resources to complete the contract.” A review of the accounts in 2001 and 2002, the complaint said, “makes it an obvious fact that this corporation had absolutely no capacity, or legal means or financial ability and/or expertise to support such a contract.” “None of the directors and shareholders of Perimekar have the slightest experience in the construction, maintenance or submarine logistics,” the complaint adds.

“Under the terms of the contract, €114 million were related to the different stages of construction of the submarines.” The apparent consideration, supposedly on the part of Perimekar, “would be per diem and Malaysian crews and accommodation costs during their training. There is therefore no link between billing steps and stages of completion of the consideration.” 

– Asia SentinelView Comments

It was 7 degrees when I was driving to the station this morning. I am reminded again, to always be careful what I wish for.

Fabrice Tourre was the trader at Goldman at the centre of the SEC prosecution. Only 28 at the time he was flogging the stuff (“ab cdos” etc) off to “widows and orphans”, he is the type of glorified salesman whose methods to fame and fortune will one day be frowned upon. I believe there will come a day when it will become noble and fashionable for someone to do what is right. Public perception of what is success and how to best reward it, will change. It has to.

The days when young professionals are paid grotesque amounts for boosting sales of high margin products which benefit no one but the seller, will end because sooner or later, truth will prevail. Good must win. Already these bankers and traders are viewed with disdain and they are probably considered greedier and more disliked than even lawyers.

A few weeks ago I read “3 Cups of Tea” by Greg Mortenson and admired how a passionate person could be totally uninterested in money. Money was just a means to an end – an end which has nothing to do with his personal benefits other than his satisfaction of having helped someone else. Unfortunately for Goldman and its many employees like Fabrice Tourre, a warped sense of what capitalism is has made money as an end in itself.

It is easy to think and behave that way. Unless you belong to a religious or not for profit organisation, money is the raison d’être of your daily work. Money is everything, and more. One is measured not just by how much money one makes either for himself or his employer, that measurement is also a relative one. I may be making $200K per annum for myself and $20million for my employer but if a colleague makes $250K and $25million respectively he becomes more valuable. That trend goes on. It is also not about a company making a profit of $50million or a return on equity of 15% or a market share of 10%, it is about whether the next company (especially if that company is a competitor) makes $60million, a return of 18% and a market share of 12%. The latter company will be seen as the more successful and the chief executive officer will be rewarded accordingly, making him more valuable than the CEO of the first company.

And so the chase goes on and on. The CEO drives his sales and distribution team up, drives his operations and support teams down and gets more into the face of his customers. More is done to draw attention away from the competitor and unto itself. The “look at me” mantra takes an even bigger footing. The marketing guys dream up more and more ideas to make consumers look at their clients. These ideas increasingly become more outlandish so as to better attract even greater attention. Gradually the importance of drawing attention unto oneself becomes of paramount importance. Attention itself becomes the end. If you draw plenty of attention to the point of becoming an icon of sorts, you are more valuable. Hence we have complete flakes like Paris Hilton and the Kadashians who have achieved absolutely nothing in life and whose sole value therefore is the ability to draw attention unto itself. These nincompoop nymphs in turn earn hefty income and thus become valuable in the eyes of the likes of Fabrice Tourre and others of this ilk. They have both advanced the cause of humanity absolutely no further and have in fact eroded the value of neutral media.

Fundamental moral considerations will have to be the basic popular culture one day.

I dont care what happens this season it was just fantastic to see Man Utd fight all the way. Over to you Chelski.

It is still Chelsea’s title to lose but we’re there to give you a big fat go right to the end.

Eyjafjallaj?kull. Does that sound familiar? I guess not huh? That’s the Icelandic volcano which has wreaked havoc to air travel in Europe. I wonder if there is another language today with a “?” as a character in its alphabet. I wonder how you pronounce a “?”. I think not many in the western media has worked that one out yet. That is probably why few have heard of it. All we have heard, despite the enormity of the eruption, is the ‘Icelandic Volcano”, not Eyjafjallaj?kull.

“Carl Williams Dead” – headlines this morning screamed.  He of the Melbourne gangland notoriety. Directly responsible for 4 muders and tied to numerous others. Simon Overland the Police Commissioner termed him as possibly one of the worst serial killers in Melbourne ever.

Sort of reminded me of those days when Botak Chin and Bentong Kali died. They were the crims in Malaysia of comparable stature.  Notorious crime figures who somehow acquired a romantic hero status.  The only difference is Carl William was killed by a fellow criminal, while in maximum security prison. Bentong Kali died in a shootout with police. I believe Botak Chin did too. Carl William went through the system and was finally dealt with by one of his own. Botak Chin and Bentong Kali both died at the hands of the Malaysian Police.

Term 2 for schools started today. Kiddo is back to the grind. I think the holidays ended well for her, I feel she is recharged for another round of hard work in school.

 

Although Tress and I had a long weekend over which we did little, I think we’re both still feeling tired and sluggish for the most part. I think it will be particularly challenging for Tress for the next few weeks, with her office having moved to Docklands.

 

I’m still up early on most weekdays, with pretty much the same routine. I’d stumble through the hallway, go into the kitchen, put the kettle on and put away last night’s dishes. I’d make a cup of black coffee, read the Bible and pray, and then leave to catch the 5.30am, getting in to Melbourne Central at 6.

 

I’d still pick up the Herald Sun from Andy the kiosk man at Blackburn Station. He’s got long white hair with facial hair (also white) akin to Colonel Sanders. He’d ask about “my girls” and I’d ask how he’s doing, seeing that the trolley full of the day’s papers is always a challenge for him as he pushes it all up the ramp to get to the platform.

 

I’d get to Melbourne Central a minute before 6, walk to the gym and jump on either the treadmill or cross trainer by 10 past. I’d finish no later than quarter to, hit the showers, and be at the tram stop on Swanston just outside RMIT, by 7.30. the 15 minute ride southward along Swanston and on to St Kilda Road marks the start of my workday.

 

At work I’d make or buy a cup of coffee, have either some cereals or a roll, and generally start going through my emails and start work by 8am. Actually church related emails get a first look in, ha-ha.

 

At noon I’d take out my lunch and eat it at my desk. 10-15 minutes later I’d go for a walk around the block, especially during the warmer months. I’d plough through after that and start to wind down from about 5.30. At 6 I’m all ready to leave, unless there is urgent work still to be done.

 

By about 6.45, I’m at Flinders and generally home about 30-40 minutes thereafter. I am mostly settled and depending on whether I am packing lunch for the next day, I’d have my feet up within the hour of getting home.

 

The routine is ok and not overly taxing but the catch is do this repeatedly over a prolonged period and you’d start to feel either tired or jaded. My work is mainly deskbound. I’d leave it only to pick up printed stuff from the printer area, go to the loo or kitchen or when I have to attend meetings. Otherwise my eyes are fixed on papers or screen all day, fingers either wrapped around a pen or phone or pecking away on the keyboard.

 

The challenge is to find that crossover point from being utterly jaded to finding excitement, stimulation and a sense of accomplishment again. I have been unmotivated for a while and I guess it shows in that I often try to bolt out of here from around 5.30.

 

I still enjoy the work actually – I guess I just need more oomph and zip…

We had a quiet day at home this weekend, so I cooked dinner for the family.

Grilled a salmon with lemon pepper and sweet paprika on a bed of sweet potato mash and spinach. It was alright, I guess. Kiddo took a couple of customary photos. Incidentally, photos have become second to saying grace prior to eating…

Kiddo tried to be a little more artsy fartsie with it like so…

The notion that one can and habitually hears from God outside of the Bible has been gnawing away in my mind for many years now. It certainly chomped away in recent years, since moving to Melbourne. For a while, I was open minded and entertained the possibility, my own experience (or lack of it) notwithstanding. Not a week will pass by, especially if I attended the mid week prayer meeting where there are no constrains to one “exercising gifts”, without someone claiming to have received “a word” or “seen a vision”. Invariably these are vague, with either a complete absence of or severely lacking details.

I have not let these claims or my own experience bother me too much as I otherwise enjoy being in the company of these folks, worshipping and serving alongside them.

Recently however, in the course of making major decisions for the church, this underlying difference has come to the fore. No longer can the difference be ignored. The “hearers” have claimed to have heard something different to what has been decided and had asked that everyone hold off. I replied firmly that unless one could point to specific reference in the Bible to demonstrate where that decision has been in violation of God’s commands, no one should insist on action which is based solely on such hearing or visions. I suggested that otherwise, we would be tossing and thrown about from one point to another, based on what one or more person claim to have heard, “seen” or dreamt.

I was expecting push back on my views but a week has passed and no one has. In the mean time I have prayed and read and thought some more and I am convinced more than ever before, that if I remained where I am, I will have ongoing battles with this. Claims of hearing and seeing stuff in addition to Biblical revelations is such a prevalent practice in my current circles that it is only a matter of time before this issue surfaces again. I am hopeless ill equipped in terms of theological knowledge and understanding and have had to constantly research and try to understand more. I have written to people for their views and bought books to read. I don’t know what else to do to know where the truth lies or how best to respond to any more claims of hearing and seeing stuff.