Malaysia’s top court upholds ex-PM Najib Razak’s conviction and 12-year jail sentence in graft case

 

Former Malaysian Prime Minister Najib Razak, center, speaks to supporters outside at Court of Appeal in Putrajaya, Malaysia Tuesday, Aug. 23, 2022. Photo: VC

Najib sent to Kajang Prison to serve his 12-year jail term

 

 Former prime minister Datuk Seri Najib Razak has begun to serve his 12-year jail term at the Kajang Prison in Selangor after losing his final appeal in the Federal Court in his graft case involving RM42mil from SRC International Sdn Bhd’s funds. Read more at https://bit.ly/3KlGCte

Scramble ensues at Sungai Buloh as Najib being sent to ...

Malaysia’s ex-PM Najib loses final appeal

Top court upholds former leader’s 12-year jail sentence in 1MDB scandal

By AFP 

 

Malaysia's highest court on Tuesday upheld former prime minister Najib Razak's 12-year jail sentence for corruption in the 1MDB financial scandal, a decision analysts said could slam the door to a political comeback.

Chief Justice Maimun Tuan Mat also issued a warrant of committal, which a lawyer said means Najib is going immediately to jail.

The 69-year-old former prime minister looked somber and dejected, surrounded by his wife Rosmah and two children as the verdict was read.

"We find the appeal devoid of any merits. We find the conviction and sentence to be safe," Maimun said on behalf of a five-judge panel of the Federal Court.

"It is our unanimous view that the evidence led during the trial points overwhelmingly to guilt on all seven charges."

Maimun said that "it would have been a travesty of justice of the highest order if any reasonable tribunal, faced with such evidence staring it in the face, were to find that the appellant is not guilty of the seven ­charges preferred against him."

Sankara Nair, a lawyer who is not involved in the case, told AFP that "with the court issuing a warrant of committal, Najib will be sent to prison immediately."

The Federal Court decision was handed down after the tribunal threw out a last-minute move by Najib's lawyers to recuse the chief justice from hearing the case, alleging bias on her part.

The final ruling on the jail sentence also came four years after his long-ruling party's shock election defeat in 2018, during which allegations he and his friends embezzled billions of dollars from state fund 1MDB were key campaign issues.

A lower court in July 2020 found Najib guilty of abuse of power, money laundering and criminal breach of trust over the transfer of 42 million ringgit ($10.1 million) from SRC International, a former unit of state fund 1MDB, to his personal bank account.

An appellate court in December 2021 denied his appeal, prompting him to go to the ­Federal Court for a final recourse.

Some analysts said the decision will likely derail any plans by Najib for a political comeback.

"If Najib is found guilty, he will be barred from standing in the next election. Obviously, his political career is gone," James Chin, a professor of Asian studies at the University of Tasmania, told AFP before the verdict was announced.

"Under Malaysian law, Najib cannot stand for this election and the next election," he said, referring to speculation that polls may be held in 2022.

Elections are not due until September 2023.

Najib and his ruling party were voted out in 2018 following allegations of their ­involvement in a multibillion dollar financial scandal at 1MDB.

He and his associates were accused of stealing billions of dollars from the country's investment vehicle and spending it on everything from high-end real estate to pricey art.

Despite the lower court sentence, Najib had not been sent to prison while the appeals process played out. 

 

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China's corruption battle paying off as officials voluntarily surrender

 

Situation showed them 'public power is not for personal use', expert says 

 China's efforts to fight corruption have paid off, with its anti-graft systems improving and the central government dealing with corruption as strictly as possible.
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Last year, 25 officials under the management of the Organization Department of the Communist Party of China Central Committee, including 19 provincial-level cadres, were put under investigation, according to the Central Commission for Discipline Inspection and the National Supervisory Commission, the country's top anti-graft bodies.
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Another 30 officials under the management of the Organization Department were given disciplinary and administrative punishments for violations of Party discipline and national laws.
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The officials came from different fields, including the judiciary, education and finance.
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Yang Weidong, a law professor at China University of Political Science and Law, said that the number of officials investigated showed that anti-corruption work remains strict and efforts have been intensified.
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"Since the 18th CPC National Congress, the CPC Central Committee has emphasized full and strict governance over the Party," Yang said. "It has not lowered standards as time has gone on."
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According to information about corrupt officials investigated by the two disciplinary watchdogs, more cadres have voluntarily surrendered in recent years.
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Last year, four under the management of the Organization Department of the CPC Central Committee and 62 officials under the management of organization departments of provincial-level CPC committees voluntarily turned themselves in.
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That showed the fight against corruption has achieved good results and formed an effective deterrent to corrupt officials, Yang said.
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"Officials' awareness of the 'bottom line' required by the central government has greatly improved in practice, and the anti-graft situation has clearly shown them that public power is not for personal use," he said. "Once they cross the bottom line, they shall be held accountable.
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"Once the awareness is rooted in the officials' minds, a virtuous circle will gradually be formed in which public power serves the country and the people. It will also play a positive role in preventing duty-related crimes and corruption."
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In the first nine months of last year, discipline inspection and supervision organs across the country penalized 1.47 million people, with about 52,000 of them expelled from the Party, removed from public office and transferred for criminal investigation for serious violations, the authorities said.
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In March, the CPC Central Committee issued a document on strengthening the supervision of top leaders and leading groups of all government organizations.
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The document said the importance and urgency of strengthening supervision over top leaders and leading groups should be fully recognized. Many effective practices and experiences have been formed in the supervision of leadership, but the oversight of top leaders is still a weak point, and the task of improving the intra-Party supervision system and fulfilling oversight responsibilities remains urgent.
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It said dereliction of duty by top leaders and leading group members must be investigated seriously, and ordered leading officials at all levels to properly accept supervision by Party organizations and the public and get used to working and living in an environment under supervision and constraints.
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Universities become focus
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A crackdown on graft in university management was another significant part of anti-corruption work last year, with a number of university officials punished.
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Yu Zhigang, former vice-president of China University of Political Science and Law, was accused of taking bribes of 6.9 million yuan ($1.1 million) and using public power for private purposes in July.
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Liu Chuansheng, a former Party chief of Beijing Normal University who retired in 2016, turned herself in to a central inspection group in July. She is under investigation for suspected serious violations of Party discipline and State laws.
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"The campus is where people are educated, and corruption in universities could seriously hinder the formation of professionals and affect the development of universities, and even science and technology in the country," said Ji Naili, a professor of anti-corruption studies at the Zhou Enlai School of Government at Nankai University in Tianjin.
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Corruption among university leaders mainly occurs in areas like enrollment and promotions, which is known to only a few stakeholders, making it difficult to investigate, he said.
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"Strict anti-corruption campaigns now also target university management, which was usually a low-key position, reflecting that the central government's efforts to strengthen the fight against corruption has revised the traditional understanding of anti-graft work," Ji said.
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"It also shows that the system of institutional anti-corruption is becoming tighter, leaving less and less space for corrupt officials."
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- China Daily/ANN/The Star

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Govt failed to forfeit 1MDB assets

 

Govt fails in bid to forfeit 1MDB-linked assets from Najib, family and others

KUALA LUMPUR: The High Court today ordered the government to immediately return assets which were seized from former prime minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor, their three children and several others.

Judge Mohamed Zaini Mazlan made the order after dismissing the government's application which sought to forfeit hundreds of items including designer handbags, vehicles and cash in various currencies said to be linked to the 1Malaysia Development Bhd (1MDB) scandal.

In his decision, Zaini said the prosecution had failed to prove that the properties seized were connected to unlawful activities.

He said there was no evidence to show that the properties seized from Najib, Rosmah, their children Riza Shahriz Abdul Aziz (Najib's stepson), Nor Ashman and Nooryana Najwa, were bought using money in the former prime minister's bank accounts.

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The prosecution, he said, had in fact admitted that some of the seized properties were gifts.

He said the prosecution's argument that the cash and properties in question could have been gained from the monies deposited in Najib's bank accounts was based on presumption.

"The prosecution merely listed down the properties seized and their value, and in turn concluded that these respondents do not have the means to such a huge amount of cash or to purchase these properties based on their income.

"They had surmised that the cash and properties concerned could have only been gained from the monies deposited in the first respondent's (Najib) accounts.

"It is apparent that the applicant had only come to this conclusion based on presumption," he said.

The judge added that there was lack of evidence to prove that there was a direct link between the monies that were alleged to have been illegally gained to the cash found and the properties bought.

He said there was simply no nexus proven in the case.

He also rejected the government's bid to forfeit the monies kept in three Hong Leong bank accounts and the RM15 million bungalow in Penang belonging to Goh Gaik Ewe, the mother of fugitive businessman Low Taek Jho saying that the prosecution had failed to prove that the bank accounts were related to or had been used for the commission of unlawful activities.

He said the relationship between Goh and any of the characters or entities in the 1MDB affairs was also conspicuously missing.

"The applicant did not offer any evidence to show how the monies deposited into these bank accounts were linked to any illegal transactions or that they were proceeds of unlawful activities.

"As for the bungalow, there was simply no averment whatsoever in any of the applicant's affidavits pertaining to it," he said.

The others who get to keep their monies following the government's failure in its bid to forfeit the assets were company Senijauhar Sdn Bhd, Aiman Ruslan, former Goldman Sachs banker Roger Ng and his wife Lim Hwee Bin.

The court however, allowed the government's bid to forfeit the assets from the respondents that did not contest the application namely Mohd Kyizzad Mesran, Yayasan Rakyat 1Malaysia, Yayasan Semesta, Yayasan Mustika Kasih and Rembulan Kembara Sdn Bhd and those who have absconded who were former 1MDB officers Kee Kok Thiam, Tan Vern Tact and Terence Geh Choh Hun.

Deputy public prosecutor Harris Ong Mohd Jeffrey Ong informed the court that the prosecution will be filing an appeal against the decision and asked for a stay of the order to return money to the respondents.

However, Zaini said the court will not make any order for a stay.

"If the forfeiture application is denied, it is a natural progression that the prosecution should return it (properties) back (to the respondents)," the judge said.

On May 8, 2019, the Attorney General's Chambers filed a notice of motion to forfeit hundreds of items, allegedly linked to 1MDB scandal, including handbags of various brands and 27 vehicles seized from Najib, Rosmah, their three children, as well as 13 individuals and companies.

In addition, money amounting to more than RM18 million in several bank accounts at Bank Islam Malaysia Bhd, Al-Rajhi Bank Bhd, Malayan Banking Bhd, CIMB Bank Bhd, RHB Bank Bhd, Public Bank Bhd, AmBank Bhd and Hong Leong Bank Bhd, that was frozen between Aug 16, 2018 and March 11, 2019.

Among the items mentioned in the forfeiture notice are handbags, shoes and watches of various brands, as well as cash in various currencies that were seized by the police on May 17, 2018 and June 11, 2018, as well as 27 Nissan vehicles that were seized on Aug 2, 2018 and a piece of land in Tanjung Bungah, Penang. 

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Crime and cost of living are top concerns for Malaysians - Ipsos Global Research

Global market and opinion research spec

PETALING JAYA: Corruption is no longer the top concern for Malay­sians as crime and the cost of living have taken over as more pressing issues, says an independent market research firm.

Ipsos Sdn Bhd, in its What Worries The World survey, found that the top five concerns of Mal­aysians this year were crime and violence (39%), inflation and the cost of living (34%), corruption (32%), poverty and equality (31%) and unemployment and jobs (28%).

The survey noted that corruption, which was ranked as a top concern among those in the central region, non-bumiputras and those with a household income of more than RM5,000, had fallen to third place due to significant measures made by the government to address the issue.

Inflation is the “biggest concern” of urban Malay­sians, particularly youths and those in the low household income bracket.

“Corruption has dropped significantly by 15%. Now, only 32% feel that corruption is their main concern.“For crime and violence, it is only the positioning but it has remained the same between what it was now and before,” Ipsos managing director Arun Menon (pic) said during a press conference yesterday.

Founded in France, Ipsos is a global research group with offices in 89 countries delivering insights across various specialisations.

Among other studies Ipsos has conducted in Malaysia are the What Worries Malaysia: Post-GE 2018 survey in August 2018.

It had tracked the sentiments of Malaysians bef­ore and after GE14, as well as 100 days following the change of government.

The What Worries The World survey is Ipsos’ international monthly poll of 20,000 adults under the age of 65 in 28 countries, including Malaysia.

A total of 1,500 Malaysians were asked about their perception of what worried the nation the most.

The survey also found that Malaysians believed the country was headed in the wrong direction, with the figures increasing from 25% in June last year to 43% in March this year.

“Between March and last month, the people who are most upset about the country’s direction were the younger generation across different incomes, specifically people of the middle and upper education,” Menon said.

The survey also noted that the perception of the country heading in the wrong direction was gaining mom­entum and that Malaysia was getting closer to the global average.

The poll said the global average of people who thought their country is on the wrong track was at 58%.


What Worries the World - March 2019

New global poll finds four concerns top the world’s worry list: financial/political corruption, poverty/social inequality, unemployment, crime/violence. Meanwhile, in most countries surveyed (22 of 28) the majority think that their nation is on the wrong track.

The Ipsos What Worries the World study finds the majority of people across the participating 28 nations feel their country is on the wrong track (58% on average), with South Africa (77%), France (77%), Spain (76%), Turkey (74%) and Belgium (74%) recording the greatest levels of apprehension. There are, however, wide-ranging disparities in scores across the globe.

“What Worries the World” is a monthly online survey of adults aged under 65 in Argentina, Australia, Belgium, Brazil, Canada, Chile, China, France, Britain, Germany, Hungary, India, Israel, Italy, Japan, Malaysia, Mexico, Poland, Peru, Russia, Saudi Arabia, Serbia, South Africa, South Korea, Spain, Sweden, Turkey and the United States.

Right Direction

• China (94%) inspires the most confidence about its national direction. More than 9 in 10 Chinese citizens say that China is moving in the right direction.


• Saudi Arabia (84%) is once more in second place followed by India (73%) and Malaysia (57%).


• India and Sweden are the are nations with the greatest month on month increase in positive sentiment of all 28 countries, with both reporting an 8-point increase in those seeing the nations as heading in the right direction.


• Notable rises in citizens considering their country as headed in the right direction are also seen in China (94%) and Hungary (28%) - both reporting a 6-point increase.

Wrong Track

• At the other end of the spectrum, South African, French, Spanish, Turkish and Belgian nationals have the greatest apprehension about the direction taken by their country. Just 23% of South African and French citizens consider their nations to be heading in the right direction, followed by 24% in Spain and 26% in both Turkey and Belgium.


• Mexico (56%) has seen the biggest fall in optimism— with a reduction of 12% from a positive sentiment spike reported last month (68%).There are also 6-point falls in both Italy and Canada.

The four major worries for global citizens are:

1. Financial/ Political corruption (34%). South Africa (69%) has the most citizens apprehensive about this issue, followed by on Peru 63% and Hungary on 60%. Canadians (30%) have the greatest month on month increase in this concern, with a rise of 11 percentage points. Germans (9%) are the least worried citizens along with Great Britain (14%) and Sweden (15%).


2. Poverty/Social Inequality (34%). The greatest levels of anxiety are held in Russia (58%), Hungary (56%) and Serbia (54%). Sweden (19%) and Saudi Arabia (20%) are the least concerned nations in this area followed by the US (21%). In terms of trend, we observe a strong 8-point increase in concern in this area in Hungary.


3. Unemployment (33%). The highest levels of worry are seen in Italy (69%), South Korea (66%) and Spain (61%). Turkish citizens (+7%) and Argentinians (+6%) are the nations which have recorded the greatest month on month increase in this issue. The US public and Germans (11%) are the least concerned, followed by citizens in Great Britain (14%) Sweden (15%) and Poland (15).


4. Crime & Violence (31%), The highest levels of worry in this issue are seen in Mexico (64%) – closely followed by Peru (62%) and Chile (59%). China (22%) records the largest increase in anxiety with an increase of 11 percentage points from the previous month. There are other increases in Chile (+9), Malaysia (+9) and Turkey (+7). Concerns around crime are lowest in Russia and Hungary (8%), and Poland (11%). The greatest falls in this issue come from Poland (-10) and Serbia (-9).

Top five global issues

1. Financial/ Political corruption (34%)
2. Poverty/Social Inequality (34%)
3. Unemployment (33%)
4. Crime & Violence (31%)
5. Healthcare (24%)

The survey was conducted in 28 countries around the world via the Ipsos Online Panel system. The 28 countries included are Argentina, Australia, Belgium, Brazil, Canada, Chile, China, France, Great Britain, Germany, Hungary, India, Israel, Italy, Japan, Malaysia, Mexico, Peru, Poland, Russia, Saudi Arabia, Serbia, South Africa, South Korea, Spain, Sweden, Turkey and the United States of America. 20,019 interviews were conducted between February 22nd, 2019 – March 8th, 2019 among adults aged 18-64 in Canada, Israel and the US, and adults aged 16-64 in all other countries. Data are weighted to match the profile of the population.

Download

What Worries the World - March 2019

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Clean up the graft and power abuse at Human Resource Training & Development provider HRDF

https://youtu.be/fuk3xC6M0ow https://youtu.be/JrJ0V3TIskc https://youtu.be/CT8dgpCh_2w

Scandal-hit: The clean-up at HRDF appears to be far from over.

Questions over HRDF Bangsar South property

PETALING JAYA: The clean-up at scandal-hit Human Resources Deve­lopment Fund (HRDF) appears to be far from over.

In fact, to add to its woes, details have recently emerged about the possible mishandling of a multi-million ringgit property acquisition.

The HRDF management has made police reports claiming there was misconduct or abuse of power in the purchase of part of a building in Bangsar South, Kuala Lumpur, four years ago, because it was done without the knowledge of the board of directors and the investment panel.

HRDF bought six floors of a “landmark skyscraper” for RM154mil, including goods and services tax (GST). It has been alleged that some RM40mil was paid even before the issuance of the tax invoice.

But the bigger issue, according to sources, was that the HRDF’s board of directors had actually approved the purchase of a different piece of property – another building, also in Bangsar South, for RM141mil before GST.

It was learnt that the investment panel was only informed of the switch five months after the first tranche of RM15.4mil had been paid.

The sources confirmed that the HRDF has gone to the police and investigations are underway.

An agency under the Human Resources Ministry, the HRDF manages a fund comprising contributions from employers for the purpose of training and development.

In November last year, minister M. Kulasegaran said staff and management personnel were running HRDF as if it was their own company and that the management had in some instances exceeded authority and approved projects beyond its approval limits.

This latest accusation regarding the Bangsar South purchase reflects the same governance problems.

“The board was also informed that the minister (at that time) approved the change of the property to be acquired,” said a source. “The sale and purchase agreement was signed by the chief executive officer prior to the approval of the investment panel and the board.”

The first RM40mil of the purchase price was paid in eight tranches.

The source said under the Pem­bangunan Sumber Manusia Bhd Act 2001, the minister could only direct the board on matters and was not empowered to approve or consent to entering into agreements.

The remaining RM114mil was paid after the signing of the agreement. The six floors of the Bangsar South building were handed over to the HRDF in March 2017.

Documents sighted by The Star showed that the investment panel voiced its intention to invest in property in a meeting at the end of 2014.

In February 2015, the board of directors approved a proposal to set up a reserve fund and an allocation of RM250mil.

It was stated by the CEO then that the property would be for HRDF’s use.

Another approval came two months later for the RM141mil property.

In May that year, the first payment of RM15.4mil was made, but for the property that cost RM154mil. This was also when the agreement was inked, said the sources.

Five months after receiving the keys in 2017, the investment panel decided to rent out the office floors. The board agreed with this move.

In May last year, the HRDF began paying service charges of RM66,670 per month for its Bangsar South property. Only one floor out the six has been rented out, giving a monthly income of RM115,168.

Surprisingly, the board of directors agreed in March last year to purchase two additional floors in the same building to be used as HRDF’s office.

Kulasegaran had previously said that high-ranking staff of the HRDF misappropriated about RM100mil, around a third of the fund’s RM300mil coffers.

He also said certain management staff members were overpaid with high salaries and bonuses and there was collusion between managerial staff and external parties to award contracts.

When contacted about the Bangsar South acquisition, former HRDF CEO Datuk C.M. Vignaesvaran Jeyandran said the board of directors had given approval before any property was bought.

On the claims that the property purchased was not the one which the board had approved originally, he clarified that it was part of a better building by the same developer and was adjacent to the first building.

“Everything was done according to the appropriate procedures, that’s for sure. There’s no such thing as buying before getting board approval.

“It went through our legal adviser, the investment committee and the audit committee. When we bought the six floors in the other building from the same developer, we also went back to the board and rectified it,” he said.

Asked on the purpose of the acquisition, Vignaesvaran said when he stepped down on June 21 last year, it was still an ongoing discussion at the board level whether the property was to be used as HRDF’s office or for investment purposes.

Bukit Aman Commercial Crimes Investigation Department acting director Deputy Comm Datuk Saiful Azly Kamaruddin said the department received two reports on this matter.

“We have since referred the case to the Malaysian Anti-Corruption Commission as it is under their purview,” he said.

At the time of the Bangsar South property purchase, the HRDF chairman was Datuk Dr Abdul Razak Abdul, who also chaired the investment panel.

Datuk Seri Richard Riot was the then human resources minister.

By royce tan The Star

Panel set up for HRDF clean-up

Datuk Noor Farida Mohd Ariffin

The Human Resources Development Fund is to undergo a complete overhaul. A committee has been set up to ensure the fund is rid of weaknesses and misuse of power among senior staff members as well as a promise by its new chairman to personally deal with allegations of graft.

The HRDF will also have the Malaysian Anti-Corruption Com­mission seconding one of its officers to the organisation.

Its chairman Datuk Noor Farida Mohd Ariffin said this was so that the MACC could establish the proper rules and regulations in the HRDF governance’s clean-up.

“HRDF has sought and received the support of the MACC in implementing rules, regulations and procedures to prevent any further misuse or abuse of employers’ money.

“MACC has agreed to second one of its officers to HRDF to beef up the unit and to expedite this process,” she said in a statement to The Star yesterday.

Last month, the HRDF set up an ad hoc Compliance and Governance Unit to implement the recommendations made by the Governance Oversight Committee (GOC) for the HRDF and to assist in investigations by various law enforcement agencies, said Noor Farida.

This came about after Human Resources Minister M. Kulasegaran formed the five-member GOC in June 2018 to review and investigate allegations that RM100mil had been misappropriated under the previous HRDF’s administration.

Key findings and recommendations by the GOC were finalised and published publicly on the HRDF website, said Noor Farida, who was appointed as its chairman on Jan 1 by Prime Minister Tun Dr Mahathir Mohamad.

Top on the list of GOC recommendations was to stop the segregation of 30% of employers’ human resources development levy towards the Consolidated (Pool) Fund, which was set aside for special projects.

“This was made effective from Nov 1, 2018. No funds have since been allocated or spent on special projects,” she said.

Noor Farida noted that the move was not received well by certain quarters, including training providers, training institutions and trainers, who claimed that their incomes were affected.

The human capital development agency faced heavy public scrutiny following reports of alleged wrongdoings that had taken place under the previous administration.

In November last year, Kulasegaran revealed that high-ranking staff members of HRDF misappropriated about RM100mil out of the RM300mil that was in the fund.

He also highlighted several wrongdoings such as abuse of power, criminal breach of trust and arriving at decisions without reporting to the board of directors.

The Star, in an exclusive report on Jan 9, also highlighted the purchase of a RM154mil property in Bangsar South, also conducted without the approval of the directors and investment panel.

The new HRDF management lodged two police reports. The police have since referred the cases to the MACC.

Meanwhile, it was reported by an online portal that police would be questioning former HRDF chief executive officer Datuk C.M. Vignaesvaran Jeyandran over the “missing” RM100mil.

“On behalf of the HRDF board of directors, I want to reiterate that the board is fully supportive of the actions being taken against the wrongdoers by the HRDF,” said Noor Farida.

She said she would look into these allegations personally and urged those with any complaints or allegations to email her directly at anoorfarida@hrdf.com.my by Jan 31 so that she could initiate an independent investigation.

“If any further information is forthcoming from time to time, it will certainly be investigated,” she added.

The findings would also be published over the HRDF website, said Noor Farida.

By clarissa chung and fatimah zainal The Star


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