Thursday, February 17, 2011
What "the untold MAS story" did not tell? (Part 3)
The untold story of the scheming Rosli Dahlan
The alleged RM8 billion loss attributed to former MAS Chairman Tan Sri Tajuddin Ramli have been repeated many times that it is assumed as an accepted fact and not to be disputed further.
It is found in blogs by Din Merican and Raja Petra's Malaysia Today, letter to PM Tun Dol by Dato Ramli Yusoff, memo to MACC by MASKargo Managing Director, Shaari Sulaiman, Salahuddin Ayub statement reported by the Harakah, online news report, and etc.
When MAS first made police report against Tajuddin in January 4, 2002 and subsequently again in May 4, 2005, it was not on the RM8 billion loss but on the ACL and Hahn airport hub matter.
Tajuddin should open a law firm and start suing all those who claimed he loss RM8 billion. It is a profitable preposition because not a single report or document explained how the losses were derived.
When this blog first touched this issue here, the first thing we zeroed in on the RM8 billion loss. The profit and loss figures through the years only shows the total PBT loss was RM702 million and total PAT loss was RM908 millions.
This points to a conspiracy and propaganda of the highest order to concoct such a number and repeat it continuously till the lie is taken for granted as truth.
In relation, this blogger had sued a Bank few years back and recently won.
When preparing for the case, this blogger explained to the lawyer as best as he could absorb the calculation involved. He took the complex calculation and made int into a simple reason which was totally wrong. His reason was to make it digestible to the Mathematically challenged judge and legal profession.
It strikes us that the RM8 billion could be cooked up by a lawyer untrained in accounting but trained to simplify complex calculation and convinced judges in the court of justice and court of public opinion.
It is unfair but with public perception against Tajuddin already of urban legend, the propaganda was only reinforcement.
That was our hunch early in the writing and it was told to close friends. One close friend introduced us to Deep Throat, who keeping telling us to "follow the money" like in the old movie about the 1970s Watergate Scandal, "All The President's Men."
Before we could follow the money, who should we follow.
There is Dato Ramli Yusoff, the first Director of the new Commercial Crime Investigation Department (CCID). CCID was established on May 1st 2005 and broke away from the Criminal Investigation department (CID).
On November 1st 2007, Dato Ramli was charged in court for three charges of non declaration of asset as civil servant because his declared asset of RM7 million did not tally with his other assets particularly in Sabah.
Read from Wikipedia here.
Rosli Dahalan was his lawyer and was suspected to hold in trust some RM27 million of Dato Ramli's alleged ill gotten gains. He was charged for refusal to declare his asset to MACC.
Ramli was acquitted on March 12, 2010 by Session court judge M Gunalan. Naturally Rosli was acquited on December 10, 2010. He is now suing MACC and the Government for RM50 million. Court date is fixed for February 28th 2011.
Their court story have been spinned as related to the MAS case. They claimed that they were charged for reopening the MAS case. The truth to the matter, there is no such thing. Unless they can prove so convincingly, it is two separate issues.
We will not delve into the private dealings of Dato Ramli and Rosli for the reason they have been acquitted by the court.
Rosli had been a close friend of MAS Legal Counsel, Nik Nadimah Adeeb and sources said he was roped in from the beginning to put together the cases against Tajuddin. He may have been involved in the 2002 police report against Tajuddin.
Nadimah retired in March 2003 and was replaced by Dr Wafi Nazrin bin Tan Sri Hamid, the son of former Minister in charge of Islamic affair in the Prime Minister's Department Tan Sri Hamid Osman.
Dr Wafi was brought into MAS from Petronas by the late Chairman of Petronas, Tan Sri Azizan. He has doctoral degree in law specialising in maritime law and not aviation law.
Dr Wafi struggled in his new position and relied on Rosli Dahlan to pursue the case against Tajuddin. Like Nadimah, he was already close with Rosli and his relationship was more than just friend and lawyer-client.
In Part 2, we told that police investigation against Tajuddin tanked and had insufficient information and lead to move further. It was NFAed between 2004-2005.
ACL wrote to ICC for arbitration in Paris on October 25th 2004. With police investigation not progressing as he hoped, Rosli recommended that MAS go for arbitration.
When Dr Wafi finally took full charge of the MAS Legal Department, he ordered the files for the arbitration at ICC be transfered from Norton Rose to Allen Gladhill, which later merged with Hishamuddin Lee & Partners.
By May 2005, Dato Ramli was appointed Head of Commercial Crime and Rosli could have enquired or inform his old friend at University Islam Antarabangsa that the MAS case was classified NFA by Dato Azmi the then Senior Prosecutor at Attorney General office.
That was then that Rosli advised MAS to lodge another police report against Tajuddin dated May 4, 2005.
On his side, Dato Ramli called all Senior Police Officers for a meeting. In the meeting, Rosli was the main speaker and amongst others, he demonise Tajuddin as "Pengkhianat Negara" and "Penyangak."
All those Senior Police Officers were surprised as to why Dato Ramli had invited a "civilian lawyer" to give a specific talk on the MAS case. Rosli's presence was an insult to them. It is as though they are not good officers and do not know how to conduct an investigation.
A new investigation officer was appointed and when the papers were submitted to the AG Chambers again, it was NFAed again because there were no new evidence.
If we can spot there are no new issue from the Dato Ramli's letter to Tun Dol, report and memo to MACC, and other documents published by Raja Petra in Malaysia Today, the AG office can surely do so.
The transaction with regards to MAS cargo with ACL was done accordingly through proper procedures and Ralph Gotz the General Manager of MAS Cargo could not be charged.
Not satisfied with Dato Azmi, Dato Ramli made an appointment to see Tun Dol together with Tun Dol's man and conspirator-spinmaster, Bernama Chairman Dato Annuar Zaini. This was on March 26th, 2007 and on the same date of the letter to Tun Dol from Dato Ramli.
Together in the meeting was Chairman Dato Munir Majid, the CEO appointed on December 1st 2005, Dato Idris Jala, and Legal Counsel Dr Wafi Nazrin.
This meeting was mentioned in the memo by MAS Kargo Shaari Sulaiman dated May 20th 2009 to MACC Commissioner, Dato Abu Kassim. Not mentioned was Rosli Dahlan who was the main speaker.
This was when Rosli began the spin for sympathy that Dato Ramli Yusoff was victimised because he wanted Tajuddin to be charged. It was around that time that MACC was investigating Ramli for corruption and money laundering before being charged on November 1st 2007.
The fact to the matter Dato Ramli was ambitous and wanted to become IGP. He despised Tan Sri Musa Hassan because Tan Sri Musa was his subordinate at CID and had surpassed him.
Tan Sri Musa had caught his superiors attention for his exemplary work in the Anwar sodomy I investigation.
Dato Ramli hatched an evil plan with Rosli by teaming with Dato Johari Baharom. They were all seen every other night at Rosli's big bungalow plotting and scheming to bring down the IGP.
Tan Sri Gani Patail was made a scapegoat despite not in the know of the clash between Dato Ramli and Dato Jo Baharum against Tan Sri Musa.
In making the story juicy for the public consumption, it was Rosli the orator and writer that hatched the plan. Dato' Ramli was not smart enough for this kind of game and left it to Rosli to scheme and implement.
This resulted in a long and bitter fight between Dato Ramli and Dato Jo Baharum against Tan Sri Musa Hassan.
Dato Jo became the subject of a corruption investigation following allegations that he received RM 5 million for releasing several criminals. The investigation was closed by Tan Sri Gani who found there was "no statement to implicate" Dato Jo.
Dato Ramli was charged for failure to disclose asset and money laundering. Rosli was suspected for abetting and charged for refusal to declare asset.
The charges against Dato Ramli and Rosli had nothing to do with Tajuddin case which was NFAed twice by Dato Azmi and not Tan Sri Gani Patail as all these rascal had tried to accused.
To say Tan Sri Musa fixed Dato Jo, he announced investigation cleared him. Jo was being vindictive when he had Musa investigated for something.
The cases against Dato Ramli and Rosli ws done by MACC and not police.
Not known and realised by many, Rosli had benefited immensely in his early work with MAS.
Our source claimed that for arbitration work with ICC in Paris, he was paid legal fees of €2 million. The cost of travel, accomodation etc that had to be borne by MAS was about €2 million to the firm.
As said in Part 2, MAS lost to ACL at the ICC is a confirmation to the NFAs by AG Office that there are no more legal issues against Tajuddin because all aspect of the case have been looked into and using Malaysian law.
With the ICC decision at our disposal, we could go at length to explain. We could expose lies in the document exhibited by Raja Petra in Malaysia Today. We can pinpoint some wrong assumption made by Dato Ramli in his letter to Tun Dol. Readers aren't interested in details from the past.
In the briefing with Tun Dol in that meeting, Rosli and the MAS officials did not mentioned about the prospect of losing the arbitration the week to follow.
Rosli has not brief properly anyone about the loss at the ICC. One can only hear excuses for the loss on the blogs. The proof is the ICC results was not disclosed in a subsequent lawsuit against Tajuddin over some ACL Agreement.
Rosli's client, MAS have not been appropriately explained about the ICC decision. Yet he has continued to misled MAS Senior Executives into following his wrong advise such making police and MACC reports.
This is where it leads when you follow the money. Rosli's advise is nothing more than a second bite at the cherry against Tajuddin in order for him to keep running up more bills on MAS.
Tajuddin has filed a defense and counter claim of RM500 million. Rosli will remain the lawyer and legal fees will continue to flow.
Our source in MAS said any dealings with Rosli is personally done by Dr Wafi. This means that Rosli has manipulated and cheated MAS, with a willingly aid of Dr Wafi as accomplice.
Rosli has brought important Government Agencies into serious disrepute by manipulating facts and not revealing the truth of the ICC findings. Like lembus, Tan Sri Hadenan and Tan Sri Robert Phang have dutifully and stupidly followed Rosli's manipulation.
MAS should sue him for gross professional negligence and MACC should raid MAS legal office to catch hold of Rosli.
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