No case to answer? French will make Malaysia look guilty

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.


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].