Black Thursday: Face saving for police, More AG drama at SRC trial

Several postings to poke finally brought out a reaction from the police.

Yesterday on the third of Ramadhan, police reacted with a civil forfeiture charge against Dato Najib and Datin Seri Rosmah. There was no criminal charge made, but civil charge instead.

And, it seemed more of face saving from a glaring embarassment to Police CID. It is already an embarassment for PH as they celebrate their one year anniversary in power today.

One year PH

Last week, a pro-PH pollster, Merdeka Centre, revealed a significant drop in public confidence on the direction of the country, and management of the economy. Tan Sri Annuar Musa summed up more than 10 reasons why PH government failed in his Facebook.

Most glaring, Merdeka Centre survey revealed perception ratings on both PM and government dropped to below 40%.

And, Tun Dr Mahathir himself gave his cabinet member a 5/10 rating. Tun Daim warned that PH as moving towards a "dysfuncional government" and their distrust of  civil servant will lead to their demise.

It is Daim hitting on the arrogant Lim Guan Eng and obnoxious Tony Pua. Yet Guan Eng could have no shame to still promise PH is committed to fulfilling their manifesto.

In a survey conducted by Gerakan, “Out of 60 promises in Pakatan’s manifesto, only seven or 11.7% were deemed positive, 14 (23.3%) garnered mixed reactions while a whopping 39 (65%) were given negative scores."

It is not likely Daim could deliver on his six-month promise made in mid-April and would remain retired. Economy could not be back on the right track with the main cause of political instability remain an obstacle.

In typical "My Way" Mahathir, he had no regret with too few success. To core then opposition supporters, the problem of PH is him.

As Mahathir hypocritically claimed progress towards eradicating corruption as one of PH achievement, government propaganda had to cook up claim by a non-existent Tan Sri that UMNO is shaken by revelations made in court.

Only those, easily duped into believing that the government debt of RM686 billion debt was actually RM1 trillion despite clear manipulation by Tony Pua and confirmed latest official figure, could remain defensive of PH government.

1MDB civil forfeiture?

The Edge yesterday broke the story on the civil forfeiture on Najib and Rosmah's seized goods by police.

Two notices of motion and supporting affidavits were filed at the High Court yesterday to seize a total of RM711 million worth of items, including RM116.7 million of UMNO money in which application was struck of on March 22. It is not known when the application would be heard and it may take as long as a month.

Nevertheless, together with the significantly lesser amount PH way could recover from the alleged embezzled money of 1MDB, the civil forfeiture forms part of PH government's story board to highlight their potrayed single significant achievement of pinning Najib down. 

However, questions are being raised on the RM2 million legal cost and RM15.5 million maintainance of superyatch Equinimity.

Najib reacted immediately to the Edge report on his Facebook. He went at length to explain the police had investigated them and documents to prove their claim provided.

As politician of 43 years and reached the pinnacle as Prime Minister, he received gifts over the years.

Najib highlighted when he was raided, the police claimed the goods are worth a billion, but now it is said to be only RM711 million.

In a press conference at end of June last year, Federal Commercial Crime Investigation Department (CCID) director Datuk Seri Amar Singh said police took more than a month to ascertain the value as between RM900 million to RM1.1 billion.

Najib sarcastically said that if police were to return the goods, the PH government and police will lose face as it means Najib is not corrupt. Taken from the Edge:

The civil forfeiture action filed yesterday comes less than a year after the items were confiscated.  

Under Section 52A of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, a seizure order made under the Act will cease to have effect after the expiration of 12 months from the date of the seizure order. If there is a prior freezing order, the 12 months will run from the date of the freezing order, if the person against whom the order was made has not been charged with an offence under the Act.  

The 12-month deadline in this case falls on May 16.

This serve to correct any possible mistake in the earlier posting on this subject.

The police resorted to civil forfeiture charge to retain the goods and money from being returned. Is there basis to do so?

In the same conference, Amar Singh reiterated that the raid was linked to his 1MDB investigation. Cacat ebooker Syed Agil (and also mentioned by Dato Najib in his Facebook) made an interesting poser:

Ambank officer confirmed in court that the "total of RM2.6 billion money" credited into Najib's personal account came from Prince Faisal Turki and was returned back.

And, it is a donation!

All the transaction of the so-called 1MDB money are made by cheque and it has all been accounted for, including political donations and medical spending by Najib.

Which 1MDB money is the police going after? It is certainly interesting to know in the police court application as to what is the offense for.

Face saving police

As one lawyer observing the case commented, the forfeiture process was crap.

He believed police is at their wits end trying to salvaged how they shoot their mouths faster than what it really was. Most likely nothing could match and there's no link to 1MDB.

One observation that can be drawn is the civil forfeiture law seemed to be abused for politics to withheld personal goods and UMNO's money.

The police could be buying time for another year till it is not quite embarassing to release the money and admit there is no case.

Hopefully by then, there could be development on the 1MDB case, which the trial is being dragged by AG.

Apparently, AG have documentary problems. Investigation was supposed to be completed by end of last year but it did not. AG could be doing a charge for political expediency and try to buy court time. 

Meanwhile, US's DOJ is more interested to recover the money than doing any charging. As Azmi Arshad argued in his new blog, US forfeiture law allowed them to seize assets purely on suspicion without criminal charge.

Doubt DOJ will pursue Goldman Sachs, an instutution of financial and political significance to the Jewish network. They could be passing the buck to Mahathir and embarass him.   

If nothing happens to Najib and Rosmah's charge by next year, the goods and money could then be seized by LHDN.

What is happening now is Najib is being subjected to ridicule, slander and disrespectfully treated as a former PM to save the face of police CID and PH government.

In another posting, Najib lamented the loss of humanity in the PH government as he reminded that his elderly mother, Toh Puan Rahah was subjected to inhumane treatment.

Latest Update: 7:00 PM

Najib may have received the asset list and responded. Read FMT below:

27 luxury vehicles, 29 bank accounts not mine, says Najib

FMT Reporters | May 9, 19 4:34pm

Report by The EdgeMarkets made it seem like this and a property in the Klang Valley belonged to me and my family, says former prime minister.

PETALING JAYA: Former prime minister Najib Razak has rubbished a report that “gave the impression” that he and his family have 27 luxury cars, 29 bank accounts and a property in the Klang Valley said to be financed with 1MDB funds.

“I was also surprised yesterday because I did not expect that we would ever have 27 luxury cars and 29 bank accounts,” Najib said on Facebook today, referring to a report by The EdgeMarkets yesterday.

“What is more surprising,” Najib added, “is that the 27 luxury cars actually refer to 27 Nissan Urvans!”.

Read on here.

AG's SRC drama

In the previous posting, we mentioned of the two days testimony of KWAP Assitant Vice President, Amirul Imran Ahmat could be detrimental.

He claimed the investment guideline limit of RM2 billion being busted, process was made in a hurry, and Najib signed letter of guarantee before the process.

Amirul was basking in glory from the media attention of his strong statements in court that is useful for political propaganda. As the case with Uma Devi, was Amirul coached to trade barbs with defense lawyer?

Lets take account of the deal.

SRC seek Najib's help to raise fund for their investment plan. He was agreeable and forward it to EPU, but was rejected and it came with a suggestion.

It may have been done in hurry but Amirul was tasked at KWAP to vet through and prepare the papers.

Finally despite the complains and opinionated views of Amirul, the decision is not his but the members of the Board of KWAP. They agreed to do so.

The deal came with a government guarantee, and management of KWAP too were comfortable with it. This was confirmed personally by a high level member of KWAP management.

One issue KWAP had was the shady manner Nik Faisal was conducting business. MMO lengthy coverage here of Amirul's cross examination explains it.

But it is not about Najib as he underwent due process and thus far in court, it is not proven had exerted undue pressure, except the allegation by Amirul. Maybe another officer will be scripted to say the same.

Not ruling out government man not comfortable working under pressure and chasing deadline.

And, there is the suspicion Amirul acted overzealously due to undue pressure. What it is would be for further investigation?

Ambank raid

Yesterday, there was another face saving attempt by prosecution fourth witness, Ahmad Farhan Sharifuddin for his employer, BNM.

He was brought back by defense for further cross examination.

AmBank was previously penalised by Bank Negara Malaysia (BNM) over its failure to report suspicious transactions in Datuk Seri Najib Razak’s accounts from the time these were opened until they were closed, the High Court was told today.

The prosecution’s fourth witness, BNM officer Ahmad Farhan Sharifuddin, confirmed the penalty imposed on the commercial bank after BNM raided the AmBank Jalan Raja Chulan branch on July 6, 2015.

“It was for an offence of failure to submit Suspicious Transaction Report (STR) on Datuk Seri’s (Najib) accounts (at the bank) from the opening to the closing of the account.

Read on in Yahoo here.

Dato Najib's defense lawyer raised a question as to why Dato Najib was not alerted of the suspicous transactions.

Bank Negara Malaysia (BNM) raided a commercial bank four years ago for not reporting suspicious transactions involving Najib Razak’s six banks accounts, but did not inform the former prime minister as it did not want to tip him off, the High Court hearing Najib’s case was told today.

BNM investigating officer, Ahmad Farhan Sharifuddin said the “examination” on July 6, 2015 was conducted on the Ambank headquarters in Jalan Raja Chulan, Kuala Lumpur under Section 14 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act.

“We conducted the raid because the bank did not submit a report on suspicious transactions from Najib’s accounts,” he said when cross-examined by Najib’s counsel, Muhammad Shafee Abdullah.

Read on in FMT here.

MMO report here covered the earlier cross examination by Harvinderjit Singh.

There was a debate on the differences between the term examination and investigation.

Harvinder raised a point that STR was meant to protect the member of the pubic. Farhan could not reply.

BNM conspiracy?

Najib looks relax despite NST attempt to paint a different picture 

Tan Sri Shafee Abdullah continue to argue:

Datuk Seri Najib Razak’s lawyer today said his client would not be sitting in the dock if Ambank, which was managing the former prime minister’s accounts, had done its job properly.

Tan Sri Muhammad Shafee Abdullah said this when he questioned a Bank Negara Malaysia (BNM) investigating officer who led a raid on Ambank branch in Jalan Raja Chulan on July 6, 2015.

He argued that if Ambank had filed a Suspicious Transaction Report (STR) with BNM and alerted Najib that such things were happening in his accounts, then “my client would not be sitting here.”

He also raised the issue of how “a total failure of the system” had prevented Najib “to do something to protect himself.”

Read on in NST.

If it wasn’t an issue when it happened and not reported to BNM, then if it came later, it looks like fault finding afterthought.

For depositing and receiving RM20,000 in a Bank, the Bank called to verify. But not for a transfer of such an amount?

It is an age old banking practise in Malaysia to request clearance from BNM for large remittances before crediting into accounts. The questionable transactions would have passed then Governor, Tan Sri Dr Zeti Akhtar Aziz.

It shows the reporting system is either completely flawed or BNM officials conspired in the transactions or Ambank managers/officers are in cahoot with some people in SRC to do fraudulent transactions. There could be other permutations defense could use to raise doubt.

However, the exasperated Farhan may not be play acting to AG's script. Or did he?

Selamat Hari Rakyat Malaysia Di Perbodohkan