Wednesday, October 10, 2012

No trial means no trial, stupid!

With the speed of lightning, SUARAM through Tian Chua's Malaysia Chronicle responded supposedly using their French lawyer, William Bourdon to disclaim report of French leading prosecutor, Yves Charpenel claim there is no trail.

However, his disclaimer does not dispute what was said by Charpenel.  He was merely saying the two investigators called "investigation judges" in France, Roger Le Loire and Serge Tournaire are still investigating and no trial announced yet.

No trial means no trial laa. Only when there is a charge, then one can say here is a case. Not all investigation turn out to have a case and charges made. Especially not for bonafide project management and logistic service provided by Perimekar.

Bloody liars! Stupid!

What we in Malaysia know is, anyone can make a police report or complain as in France, any agency can make investigation or Investigation Judge can make investigation in France, but there must be a case before there is a trail.

There is still no case yet because according to the allegation by SUARAM that Government paid kickback of RM534 million to Perimekar. Will there be such case?

With confidence, there is no indiscretion by Government with respect to appointing Perimekar because they provided a bona fide project management and logistic services. Insya Allah, the French prosecutor will have no case for a trial against DCNS.

Read this observant commentator named Rahman in Malaysiakini's Vox Populi below:

Rahman who may not necessarily pro-BN wrote further: 
So far Suaram assumes that the whole amount is commission and refusing to understand the scope of contract. By spreading these lies, Suaram wants the public to hate BN and vote for Pakatan Rakyat. 
Why must the campaign for Pakatan Rakyat be based on hate and lies? Shame on Pakatan Rakyat!

Since there is no ongoing trial or most likely no trial expected, why did Cynthia Gabriel, at one time, mislead the public to claim Dato Najib, Dato Dr Ahmad Zahid, etc will be subpoened "soon"?

Why did she repeated a previous claim, at a recent SUARAM fund raising dinner, which did not happen, that one Jasbir Singh Chahl was first to be subpoena?

Lies debunked

Yves Charpenel
The following is Bernama's report on Charpenel yesterday, October 8th:
No trial in France over Scorpene, says leading French prosecutor

KUALA LUMPUR: A prominent French Government prosecutor has denied reports circulating among some Malaysian online news portals of an ongoing trial in France, on allegations of corruption by a French company over the purchase of two French-made Scorpene submarines by Malaysia in 2002.

Yves Charpenel said the media in Malaysia should be able to distinguish between rumours and facts, and between investigations and a trial.

"I am aware about all the fuss kicked up by certain media (organisations) in Malaysia over this matter but what I can say is that this is nothing more than a trial by the media," he told Bernama here on Monday.

Charpenel, who was a former head of prosecution in France and now a state prosecutor and an executive member of the International Association of Anti-Corruption Authorities (IAACA), was here to attend the four-day IAACA conference and general meeting which ended Sunday.

Following a complaint filed in 2009 by Suaram, a Malaysian human rights non-governmental organisation (NGO), that a French company had allegedly paid bribes to a Malaysian firm for the submarine deal, he revealed that two independent "investigating judges" started their investigations earlier this year.

Charpenel said that in France, as in other countries practising the rule of law, all investigations were done in absolute secret.

He said, it was anybody's right to file a complaint and due to the secret nature of the investigations, some resorted to complaining to the media.

He explained that for specific cases in France, the Justice Ministry would ask an independent judge, called an "investigating judge", to investigate.

"He is just an investigator. This is an old system that started from the Napolean era. If the investigating judge wants someone to come to Malaysia, he has to ask from your government because we have what is called the Treaty of Mutual Legal Assistance. And the Malaysian government can say 'yes' or 'no'. It has to be decided by the Malaysian authorities.

"A French investigating judge cannot take his luggage, take a plane and go to Malaysia and ask someone to answer his questions. It is impossible, it is against the French law and it is also against international law," stressed Charpenel. He pointed out that in France, as elsewhere, the course of justice would not be dictated by the media

"In France, the time of justice is different from the time in media. Of course, the media needs data, information, news. It's natural but the investigation is quite different. This is exactly the same, whether in France or in Malaysia.

"And, it has to be secret. We are now in the first step, maybe, we got another step, maybe not, and it is quite early to say more."

Asked about media reports that French lawyers representing Suaram in the suit would be coming to Malaysia to brief their clients, Charpenel said any lawyer from any country was free to do so because he was paid by his clients.

"He can speak freely to the press, that's freedom or human rights. But he is not a prosecutor. He is not an investigating judge. He is not an official." In April this year, local Opposition politicians here had even called for Malaysian officials to testify in Paris or risk being ostracised in the European Union.

"A trial is a trial with all the rules. Investigation is another thing," said Charpenel of the misinformation generated by certain news portals over allegations that a trial was already underway.

Defence Minister Datuk Seri Dr Ahmad Zahid Hamidi also said over the weekend that the Auditor-General had declared the Scorpene deal was done in accordance with legal procedures. - Bernama
Take heed of his comment because he is a government prosecutor and has locus standi to say so unlike SUARAM's lawyer who are merely complainants.

Still spinning

Dr Kua Kia Soong, Cynthia Gabriel and William Bourdon

And the following is the disclaimer, which is not really a disclaimer by William Bourdon, but  reported by SUARAM Tian Chua's Malaysia Chronicle yesterday [read in full here.]
On Monday, quoting a 'prominent' French Government prosecutor Yves Charpenel, national news agency Bernama reported that Yves had denied there was an 'ongoing trial in France'.

"I am aware about all the fuss kicked up by certain media (organisations) in Malaysia over this matter but what I can say is that this is nothing more than a trial by the media," Bernama reported Yves as saying.

"A trial is a trial with all the rules. Investigation is another thing."


Whether Yves was accurately quoted and reported in the right context remains to be seen. However, William Bourdon, the French lawyer acting for Malaysian NGO SUARAM has debunked the Bernama report.

"Yves Charpenel's statement is absolutely contradictory with the current investigations. The Tribunal de Grande Instance has convened a criminal inquiry of which SUARAM has been accepted as a civil party since March 2012," Bourdon, who was deported from Malaysia when he came to brief his client last year, said in a statement released by SUARAM late on Monday night.

"Upon completion of the inquiry will the investigating judge make the decision of whether the case goes to full trial. It's the investigating judge that makes the decisions not the prosecutor. To our knowledge the current prosecutors in charge of the case have not made any such statements as suggested by Charpenel. The two Judges, Roger Le Loire and Serge Tournaire continue their investigations on the Scorpene inquiry”.
Doesn't the last paragraph explain the same procedure as explain by Charpenel?

When Bourdon say "To our knowledge", it means he is not an authority. Yves Charpenel is a government prosecutor and has the locus standi to say there is no trial. Until, there is a trial, SUARAM and their French lawyers should just shut-up and stop being irritants!

The SUARAM people are trying to tell the people that there is malpractise by the Government for giving the project management contract worth RM534 million. They claim the whole RM534 million are all commission, kickback and bribes.

However, they do not have any proof to show the people but only dramatise the investigation process. If they had, they would have shouted to the world.

The issues they raised have been debunked and they refuse to accept that they do not have any more issue. [Read our 6-series debunking of the  alleged Scorpene scandal here to here.]

Despite their accusations are debunked, they still insist in undermining and destabilising the government and security of the realm.


Treacherous act on the gullibles
To deviate naive public attention, every small details that they can spin on was blown out of proportion.

Razak Baginda's market report to his principal from his own market intelligence work and research on publicly available information was dubbed as revealing millitary secret.

Legitimate payment or perhaps, commission paid to him via his company, Terasasi Hong Kong by his principal's DCNS's marketing arm, Thales was dubbed as meant for UMNO.

At one time, they drummed up Dato Najib, Dato Ahmad Zahid, etc was to be subpeoned. But why was former Prime Minister and former Defense Minister, Tun Abdullah Ahmad Badawi not subpeoned?

When no subpeona was forthcoming, they claim one Jasbir Singh Chahl was already subpoened and his is the first to be subpoened by the French court.

They spinned it as though Jasbir is required by international law to appear. The French Embassy, and police denied getting such notice.

Charpenal statement cleared the air and showed that Malaysian authorities cooperation is required for any visit by the Investigators and for serving of any subpoena.

Last Friday, October 5th at a SUARAM fund raising dinner in Petaling Jaya, Secretary General, Cynthia Gabriel still made the same claim that Jasbir was subpoena.

It was a good con by Suasana Aktif Sdn Bhd as the managed to the gullible public to depart RM200,000 from their wallet.  [Read GAP here]

None bother to ponder how can there be a subpeona when it is still under investigation?

If the investigators wants to investigate a Malaysian, he can come here and meet the person with authorisation from the local authority. French court will follow international convention and not international con of SUARAM and Soros network of lawyers.

After all, they are investigating French company and not Malaysian company. All agreements involving the Scorpene purchase were made on Malaysian soil and in English, thus only Malaysian law applies. Comprende?

As the blog The Unspinners wrote here. "Sometimes Anwar should learn to accept defeat and quit."

His attempt to salvage the Scorpene issue and SUARAM's espionage work for Soros and CIA interest proves futile. The public now knows their relation and his visit to Paris confirms his hands in the scam. Furthermore, his insiders in government will get exposed.

To quote the blog further, "It is time to end this irresponsible politically motivated game of perception. There is law for act of treason. It is time to throw the book at SUARAM and those related to them in this charade."

For undermining and destabilising the government and security, why not?


Anonymous said...
This comment has been removed by a blog administrator.
A Voice said...


We should be censoring your comment but will be gentleman enough to allow a tick for tack.

However we will use our right to edit.

You don't allow strangers to come into your house and curse at you, do you?

A Voice said...

Donn't Speak Too Soon xxx ...

It was specifically said that The Affair is STILL at the INVESTIGATIVE STAGE..

In any case the Investigation is on whether to Try French Citizens and Not Malaysians. The French Citizens were accused of Bribing Malaysians (i.e. Razak Baginda associate of Najib Razak) and receiving Bribes(in Hongkong from Razak Baginda) from Malaysians..

There will most likely be a trial as the accused are associates of political opponents of the current French Government!!

The Trial will expose Named Malaysians on the front pages of the News as the recpients of the bribery as well as sharing the spoils in Hongkong!

UMNO should quickly unload these culprits before the shit hits the fan!!


Anonymous said...

Fact is, you guys and jibby are both terrified. If this was a normal country, this would have been investigated to the core. But this is bolehland. So...cest la vie. 520m for training? Who la you want to con?

Anonymous said...

Anon 7:56 pm

If this was a normal country, suaram would have been sued and now banrupted for unsubstantiated claim.

Go read abitw's past explanation on perimekar la, stupid!

It is not only training.

These sodomist's victims are too stupid to get the fact right before making argument and allegations.

Tak mahu faham atau bodoh? said...

Hei srpid Anon baca ini ....

Sebaliknya, syarikat Perimekar Sdn. Bhd. yang didakwa menerima komisen, sebenarnya diberikan kontrak menyediakan perkhidmatan sokongan dan koordinasi untuk tempoh selama enam tahun. Nilai kontrak tersebut adalah sebanyak EURO 114.96 juta, yang dibayar secara berperingkat-peringkat mengikut kemajuan pelaksanaan projek.

Perimekar Sdn Bhd dimiliki bersama oleh Lembaga Tabung Angkatan Tentera (LTAT), Boustead Holdings Berhad dan K.S.Ombak Laut Sdn. Bhd.

Skop kerja perkhidmatan sokongan adalah seperti berikut:

1. Menyediakan kemudahan kediaman beserta kelengkapan untuk tim projek bagi 27 keluarga di Perancis dan Sepanyol untuk tempoh enam tahun.

2. Menyediakan pejabat urusan dan kediaman beserta kelengkapan bagi krew kapal selam TLDM seramai 156 orang untuk tempoh empat tahun di Perancis dan Sepanyol.

3. Menyediakan insurans kesihatan bagi anggota serta keluarga tim projek dan krew kapal selam di Perancis dan Sepanyol

4. Membayar elaun harian dan elaun krew kapal selam sebanyak EURO 50 sehari seorang untuk tiga tahun pertama dan EURO 60 sehari seorang untuk tiga tahun kedua.

5. Membiayai kos penerbangan pergi dan balik bagi setiap krew kapal selam untuk balik bercuti ke Malaysia pada setiap 4 bulan (tiga kali setahun).

6. Lain-lain keperluan tim projek dan krew kapal selam di Perancis dan Sepanyol

Perkhidmatan koordinasi pula melibatkan:

1. Bertanggungjawab memastikan penyertaan syarikat Malaysia dalam pembinaan dan membantu syarikat-syarikat Malaysia yang berpotensi untuk menyertai program off-set.

2. Membantu kontraktor utama dalam memberi maklumat tentang prosedur kerajaan berhubung perlaksanaan kontrak.

3. Menyelaras latihan krew kapal selam antara kontraktor dengan kerajaan.

4. Menyediakan laporan koordinasi setiap enam bulan.

Jumlah kontrak EURO 114.96 juta bukanlah merupakan keuntungan bersih milik syarikat Perimekar Sdn Bhd., sebaliknya jumlah ini adalah meliputi segala pembayaran kos langsung bagi skop perkhidmatan sokongan dan tanggungan ke atas kos tidak langsung bagi perkhidmatan koordinasi seperti yang ditetapkan dalam kontrak tersebut.

Memang stupid ...

Ismail N said...

Had there been a malpractice by the government on Scorpene deal, don't you think that PM would want the GE to be held earlier? before the whatever pre-trial that's been going on in France. Look like PR has started panicking and had to burn some $$$ to bring their French lawyers here in order to convince the public of their story.

Anonymous said...

Correct NO trial......yet because at magistrate investigative stage......lepas ini will decide if go to trial.

In time truth will always prevail and everyone will see reason, we are all 1Malaysia! So biar.

My Say