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Sunday, June 10, 2018

SCO submit, non-Western Eurasia rises

https://youtu.be/tUCzHV3Vfe4 https://youtu.be/Hpw5ZMIo8NI https://youtu.be/2jLWJWNtJro https://youtu.be/WyL3x6eUKtI https://youtu.be/1nRtQ8vFC0Q https://youtu.be/y4CZ6FQHcVM

First among equals: Putin and Xi had an official meeting before the Shanghai Cooperation Organisation summit in Qingdao. Sloppy US policies have helped to build a growing China-Russia alliance for a full decade now.- AFP

THE week that was ended with a significant non-Western event often ignored or misunderstood by the West: the latest Shanghai Cooperation Organisation (SCO) summit.

The 18th annual SCO summit in the Chinese port city of Qingdao this weekend is only the fourth held in China. Beijing is relaxed about its role in a growing organisation of eight member countries, six Dialogue Partners and four observer nations – a confidence that suggests considerable clout.

China and Russia are the two hulking members of a group that boasts formal parity, being the conspicuous “firsts among equals.” And as two consecutive US administrations unwittingly drive these giants closer than ever before strategically, Western attention is led astray.

Western reports track President Putin’s travel to Qingdao and the diplomatic niceties exchanged there. At the same time, Western commentators are tempted to dismiss the summit as yet another futile talkfest.

Both approaches are wrong or misplaced. While Xi-Putin exchanges may not be the highlight of this year’s SCO summit, neither are they insignificant.

Sloppy US policies helped to build a growing China-Russia alliance for a full decade now. This is evident enough from the meeting rooms of the UN Security Council to the battlefields of Syria to the South China Sea and the Baltics.

The latest SCO summit reaffirms the trend but adds only marginally to it by way of atmospherics. There are more important developments visible at, if not represented by, the Qingdao summit.

It is the first SCO summit at which both India and Pakistan arrive as full members.

Beginning as the Shanghai Five in the mid-1990s, the SCO has grown steadily and now incorporates three giants – China, Russia and India – in the great Eurasian land mass where both the US and the EU have scant inputs.

With Pakistan coming in at the same time as India as an equal partner, the SCO should be free from any sub-regional turbulence within South Asia.

Turkey is also an SCO Dialogue Partner whose interest in full membership is not without broader implications for the West.

Turkey has considerable military strength and is also a member of Nato, hosting its Allied Land Command and a US air base in Izmir. However, Ankara’s years-long effort to join the EU has been snubbed by Brussels.

Turkish President Recep Tayyip Erdogan has famously mulled over choosing between the EU and the SCO, reportedly preferring the latter. How would the West find a Nato member joining a non-Western group led by Russia and China?

Deep-seated discomfort would be a mild way to put a reaction in Brussels and Washington. To US policymakers, Turkey is a strategic country because of its location as well as its status as a prominent Muslim country.

Both China and Russia have sounded positive about Turkey’s prospective membership of the SCO. Nonetheless, SCO members share an understanding of sorts that Turkey may have to forego its Nato membership before SCO membership can be entertained.

However, Beijing and Moscow may be less concerned than Washington and Brussels about Turkey’s SCO membership with its Nato credentials intact. That immediately makes Turkey more comfortable to be in SCO company.

Turkey has already received what amounts to special treatment within the SCO that no other Dialogue Partner has enjoyed. Last year it was elected as Chair of the SCO’s Energy Club, a position previously enjoyed only by full members.

Erdogan has called the SCO “more powerful” than the EU, particularly in a time of Brexit. Bahrain and Qatar seek full SCO membership; Iraq, Israel, Maldives, Ukraine and Vietnam want to be Dialogue Partners; and Armenia, Azerbaijan, Bangladesh, Egypt, Nepal, Sri Lanka and Syria want Observer status.

Iran already has SCO Observer status and had applied for full membership in 2008. Following the easing of UN sanctions on Tehran, China declared its support for Iran’s membership bid in 2016.

The recent US pullout from the Joint Comprehensive Plan of Action (“Iran nuclear deal”) has further prodded Tehran to “look East.” These days that means China and a China-led SCO.

Iran already trades heavily with China with myriad deals in multiple sectors. Mutual interests abound, far exceeding the basic relationship of oil and gas sales to China.

As Europe treads carefully, mindful of possible new sanctions on Iran following the US cop out, cash-rich Chinese firms take up the slack. US policy is also pushing Iran, among others, closer to China.

In preparing for Prime Minister Modi’s arrival in Qingdao on Friday, Indian Ambassador Gautam Bambawale said both countries were determined to work in close partnership and would never be split apart.

This echoed two main points already shared by Indian and Chinese leaders – that their countries are partners in development and progress, and what they have in common are greater than their differences.

All of this seems set to undo the Quadrilateral Security Dialogue (Quad) that groups the US with Japan, Australia and India, all boasting a democratic system in common in a joint strategic encirclement of China. But India’s relations with China have been on the upswing for half a year now.

The day before Modi arrived in Qingdao, a Quad meeting in Singapore closed on Friday with India expressing differences with the other members. Its Ambassador to Russia Pankaj Saran said the Quad was not the same as its hopes for an inclusive “Indo-Pacific region” (IPR) that did not target any country.

He added that India wanted closer ties with Russia as well in an IPR. Just a fortnight before, Russia’s recent Ambassador to the US Sergei Kislyak said President Trump also wanted closer ties with Russia.

That was only a small part of the roller-coaster ride of international diplomacy in the first half of 2018.

In January Trump condemned the Taliban for a spate of attacks in Afghanistan, vowing that all talks with them were off. Until then, top US diplomats were carefully planning negotiations with the Taliban.

In March, US officials blasted Russia for allegedly arming the Taliban, which Moscow denied. The following month Nato voiced support for Afghan President Ashraf Ghani’s efforts to talk with the Taliban to “save the country.”

Meanwhile Trump’s ramparts of trade barriers in the direction of a trade war would decimate allies from East Asia to Europe. French President Emmanuel Macron expressed a European position in reaching out to China on climate and security issues.

By March the EU had dug in, preparing for the worst of US trade barriers while vowing retaliation. The WTO also warned Washington that it was veering towards a trade war with tariffs on steel and aluminium.

In April, China’s new Defence Minister Gen. Wei Fenghe arrived in Moscow for talks with his Russian counterpart Sergei Shoigu. Wei rubbed it in for Washington, publicly announcing that his visit was to show the US the high level of strategic cooperation between China and Russia.

Two days later the Foreign Ministers of China and Russia expressed similar sentiments. They championed negotiations and sticking to pledges while weighing in against the unilateralism of a unipolar power.

Where China has the SCO, Russia has the Eurasian Economic Union (EAEU).

If any discomfort is felt in Washington, it is from acting as a unipolar power in an increasingly multipolar world.

Source: Behind the headlines by Bunn Nagara is a Senior Fellow at the Institute of Strategic and International Studies (ISIS) Malaysia.



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Saturday, June 9, 2018

Malaysia can’t extradite Jho Low, key people in 1MDB saga

https://youtu.be/_6gFyKNI1JA https://youtu.be/tZDpDTXpVfE

Deep discussion: Dr Mahathir, Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail and National Centre for Governance, Integrity and Anti-Corruption director-general Tan Sri Abu Kassim Mohamed having a chat after a ministry event in Putrajaya. — Bernama

Deep discussion: Dr Mahathir, Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail and National Centre for Governance, Integrity and Anti-Corruption director-general Tan Sri Abu Kassim Mohamed having a chat after a ministry event in Putrajaya. — Bernama

KUALA LUMPUR: They know where he is. But they can’t get their hands on him.

That is the predicament that the authorities face in bringing back Malaysia’s most wanted man these days – Low Taek Jho better known as Jho Low.

Low is at the centre of the debt-laden and scandal-ridden 1Malaysia Development Bhd (1MDB) that is a thorn in the administration of the previous Barisan Nasional government.

Prime Minister Tun Dr Mahathir Mohamad said Low is in a country in which Malaysia does not have an extradition treaty with.

"We are trying to arrest Jho Low, but he is not in the country. And we do not have extradition rights in the country where he is at,” said Dr Mahathir without disclosing the country.

Legal experts say while it is not impossible to bring him back despite the absence of extradition treaty with the country, they cautioned this can be a long and tedious process.

Low has been identified as the mastermind behind 1MDB, which is the subject of investigations by Malaysian as well as international authorities for alleged corruption and money laundering.

1MDB accumulated debts of more than RM35bil in ringgit and US dollar denominated bonds in less than five years from 2009. Most of the money raised were placed outside Malaysia, which the Government is trying to recover.

Apart from Low, the principal officer in another 1MDB-related company is also on the wanted list.

The Malaysian Anti-Corruption Commission (MACC) has issued an arrest warrant for SRC International director Nik Faisal Ariff Kamil.

SRC International was a former subsidiary of 1MDB, which had allegedly transferred RM42mil into the personal account of former prime minister Datuk Seri Najib Tun Razak.

It issued two tranches of RM2bil debt papers in 2011 and 2012. The money was to be used to purchase resource based assets in the region. However, there are no assets to back the purchases.

MACC deputy chief commissioner (operation) Datuk Seri Azam Baki told Bernama there is no excuse for Low and Nik Faisal not turn up to facilitate investigations into the SRC International case.

“I refuse to comment on what action can be taken against both of them (Low and Nik Faisal Ariff Kamil). As far as I know, they cannot give any excuses and must present themselves,” he said.

Nik Faisal, 47, last stayed in Alam Impian, Shah Alam.

Low, 37, previously resided in Tanjung Bungah, Penang.

The Prime Minister’s Office in a statement earlier announced the setting up of a special task force to conduct detailed investigations, detection and seizure of assets and prosecution of individuals who committed any criminal offence in the management of 1MDB.

Meanwhile, sources said Low’s lawyers have yet to get in touch with the MACC.

It was earlier reported that Low had instructed his lawyers to make contact with the MACC after he was made aware they were seeking him for assistance.

By Mazwin nik anis, Wddie chua, Joseph kaos jr, and Royce Tan The Star

Other key people in the 1MDB saga



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Friday, June 8, 2018

Penang Forum calls to review Penang mega projects

Penang Forum members paying a courtesy call on Chow, seated at the head of the table, at his office in Komtar.

Revise transport master plan because circumstances have changed

" A new public transport design has to be integrated to encourage walking, cycling and bus uise - Penang Forum"


THE Penang Forum steering committee, a loose coalition of non-political civil society groups, has called on the Pakatan Harapan Penang government to review the Penang Transport Master Plan (PTMP) estimated to cost RM46bil.

It said the Penang government should bear in mind its election manifesto of balancing economic growth with environmental protection and a commitment to improve public transport.

"Given the scale of the funding for this mega project, the state must ensure government procurement produces the best value for taxpayers’ money.

“The awarding process used was based on a Request for Proposal, rather than a true open tender, which did not allow for any meaningful comparison of bid documents as the scope of work was not fixed.

“Hence the award process must also be reviewed and revisited,” the statement read.

The committee also pointed out that the present PTMP was based on the assumption that buses, ferries and a cross-channel bridge were under federal control and there was nothing much the state could do.

“So it did not focus on how these could be improved or expanded. But now that circumstances have changed, the plan needs to be revised,” it said.

The committee also said the planning for equitable public transport should take into consideration the following criteria:
  • Fiscal prudence that should consider cost-effectiveness in construction, operation and maintenance.Detailed financial analysis of different public transport systems must be done and compared. The most cost-effective system should be selected.
  • Other important considerations are efficiency of operation, predictable schedules and systems compatibility.
  • The different components of the transport system must be well connected and integrated, socially inclusive, with a low impact on the built and natural environment.
  • Extensive public consultation at every stage, with plans available for online viewing and download so that more people can view and comment. It must be carried out and the exercise must be open to scrutiny.
  • Independent consultants who are at the forefront of designing equitable, sustainable transport must be engaged to do the review of the plans. They must not be associated with or employed by parties involved in tendering for the project.
The statement also read that the 2016 transport proposal was a mega project put forward by SRS Consortium, the project delivery partner of PTMP, to the Penang government.

“The design and planning fails to meet most of the above criteria.

“The overpriced package includes many components of mega road building that will discourage people from using public transport and undermine the stated goal of increasing public modal share of transport.

“Although public consultations have been held about impacts in specific localities, open scrutiny of the whole design was strongly discouraged,” the statement said.

The committee also said the original PTMP by Halcrow involved public consultation, but the state pressured the consultants to add the undersea tunnel and three highways costing a total of RM6.3bil just before it adopted the plan in 2013.

The SRS proposal costing RM46bil includes a proposal to reclaim 4,500 acres of land (comprising three islands). It departs drastically from the officially adopted 2013 Halcrow masterplan.

“Thus, a thorough, proper and independent review should be carried out to ascertain its suitability, viability and sustainability.

“The massive proposed reclamation will destroy fishing grounds and jeopardise fishing livelihoods and a vital local source of seafood. “It will be environmentally unsustainable due to expensive maintenance costs required for dredging in the future.

“Promise 10 of the Pakatan manifesto talks of ensuring food security and protecting the welfare of farmers and fishermen.

“Last but not the least, with rapid changes in public transport technology and new trends in info-mobility, it is imperative that any existing plan for public transport should be re-examined.

“A new public transport design has to be integrated to encourage walking, cycling and bus use,” it said.

Chief Minister Chow Kon Yeow was earlier reported saying that the state government would leave the decision to review the components of the PTMP to the Federal Government.

He said this was because the proposal was at the Federal level right now, adding that if there was any need to review the project, the Federal Government could make a decision. He also said the SRS Consortium would be happy to supply the Federal agencies with additional details. - Starmetro

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Thursday, June 7, 2018

Malaysian policy changes and new initiatives soon


https://www.thestar.com.my/news/nation/2018/06/07/policy-changes-and-new-initiatives-soon-dr-m-shift-includes-ensuring-top-civil-servants-know-and-spe/ 


PUTRAJAYA: Signalling a major policy change over defence and administrative issues, the Prime Minister has outlined several initiatives that the Government will undertake from now on.

For starters, Tun Dr Mahathir Mohamad does not want warships on either the Straits of Malacca or the South China Sea.

In doing so, Dr Mahathir has sent a strong message to superpo­wers, such as the United States and China, that Malaysia wish to remain neutral over their desire to control the region.

To ensure better spending of public funds, he has enlisted the help of former auditor-general Tan Sri Ambrin Buang to head a high-level committee to look into the procurement of government supplies, starting with the Defence Ministry.

In a move to improve the running of the public sector, Dr Mahathir said top civil servants would have to sit for an English competency test, signalling a major initiative in pushing for the language to be part of the civil administration.

“We consider English a very important language and it must be mastered by all high-ranking civil servants. These top officers must have a strong command of English because they always have to deal with foreigners,” Dr Mahathir said at a press conference after chairing the weekly Cabinet meeting yesterday.

Instantly, former civil servants lauded the move, as many felt that government officers today were less proficient in English and as such, could not work as well as the seniors before them.

Tan Sri Dr Rebecca Fatima Sta Maria, for instance, said that it was important for civil servants at all levels to master the English language.

“It’s a good idea and it’s about time that this was introduced. Thailand and Vietnam are catching up very fast and we don’t want to be left behind,” said Dr Rebecca.

The former International Trade and Industry Ministry secretary-general said Miti staff in particular had to undergo English language training as the ministry was involved in a lot of international work, drafting agreements and statements that required a high level of proficiency in the language.

Former Malaysia’s Permanent Representative to United Nations Tan Sri Hasmy Agam concurred.

“It’s a fantastic idea. In this globalised age, we have to be proficient in English at all levels.

“If you are a civil servant and you are not proficient in English, you can’t participate much at the international level,” he said.

Hasmy said apart from top civil servants, proficiency in English should also be emphasised in schools and universities as well.

“If Malaysia is aspiring to join the ranks of developed countries, we have to start now.

“A Malaysian would be more patriotic if he or she can communicate in international languages, in this case English, when representing the country’s interests abroad.

“Negotiations in diplomacy, trade, labour – you have to negotiate in English,” he added.

Both Dr Rebecca and Hasmy said that the younger generation of civil servants were less proficient in English due to different mediums used in schools.

“We have to do it (English language training) for the younger ones coming into the service because they went through a Malay-medium education,” said Dr Rebecca.

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Wednesday, June 6, 2018

Chinese projects in Malaysia may stay intact

 
Illustration: Liu Rui/GT

Newly-elected Malaysian Prime Minister Mahathir Mohamad has decided to scrap the Kuala Lumpur-Singapore Railway project despite the huge losses. He also announced the overhaul of other big railway projects, including a Chinese company-led East Coast railway project. As a result, some are worried about the fate of Chinese-funded companies in Malaysia.

During the election, the style of governance that Mahathir-led Pakatan Harapan proposed was in contrast to many policies of the previous government. Since Mahathir was elected, there has been growing concern about the new policies. While Malaysia has brought in big Chinese-invested projects, people are also concerned about the new government's attitude toward foreign funds.

To my knowledge, Mahathir has formed many consulting teams and task forces since his re-election, which shows his prudence in dealing with such affairs. The government will clarify core policies and strategy in the next few weeks.

Pakatan Harapan was the opposition before and during the election. Its attitude toward foreign capital, especially Chinese funds in Malaysia, was obviously not thorough enough. Its opposition to big projects was aimed at the large sums they involved, not the projects themselves. To be more specific, what the political alliance opposed was actually ex-prime minister Najib Razak's improprieties when approving the projects. Other problems involved in this process can be addressed by talks.

In the first press conference after his swearing-in ceremony, Mahathir promised that reviewing Chinese-funded projects would not harm China-Malaysia relations, and said that the new government will support the Belt and Road initiative as usual.

But Malaysia's new finance minister and minister of economic affairs both started overhauling the big projects that the former government had signed, and outsourcing government projects through direct bidding is no longer permitted, including railway projects. It shows that the new government wants to overhaul official projects, while private investment projects are not affected.

The new government's re-examination of big projects shows its intention to win more bargaining chips for negotiations. Any party that wants to cooperate with the new government needs to be more patient to retain the contract. Malaysia's further development is closely linked to other countries' continued participation, and China is certainly included.

Although China hopes that the current projects will stay intact, the two countries might still strategically revise their contracts to satisfy both sides as politics in Malaysia has changed. Besides, abolishing a contract is bound to cause political and economic upheaval as the Malaysian people realize the importance of the Kuala Lumpur-Singapore Railway and the East Coast railway projects. The new government will certainly evaluate the opinion in a prudent way.

The future of Chinese-funded enterprises in Malaysia may not change greatly. The previous discussion focused on big government projects, but neglected hundreds of Chinese-funded enterprises that have invested in Malaysia since the 1990s. Most of these firms operated under local laws and regulations. They purchased local materials and hired locals, and some even provided technology transfer and staff training.

They are model enterprises that aimed at developing the market in the long-term. This should have been given more publicity.

In the future, the Malaysian government will certainly welcome investment by foreign-funded enterprises that abide by the local laws, but will differ from practices in the past decades in terms of bidding and contract talks. Most importantly, all parties should believe in the principle that business is business, and win-win cooperation is the key to the issue. Malaysia will definitely let investors enjoy the dividends of its reform and development.

By Ling Tek Soon Source: Global Times - VIEWPOINT
The author is a research fellow with Institute of China Studies, University of Malaya. opinion@globaltimes.com.cn

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Tuesday, June 5, 2018

Malaysians hail the King for his consent on Tommy Thomas as AG

  https://www.thestar.com.my/news/nation/2018/06/07/new-ag-vows-transparency-in-work-thomas-begins-first-day-promising-to-be-objective-in-solving-1mdb-s/


PETALING JAYA: The Yang di-Pertuan Agong, Sultan Muhammad V, has consented to the appointment of Tommy Thomas (pic) as the new Attorney-General (AG).

In a statement, the Comptroller of the Royal Household Datuk Wan Ahmad Dahlan Ab Aziz said the King, on the advice of the Prime Minister, has given the approval to the appointment of Thomas as the AG according to Article 145 (1) of the Federal Constitution.

The Agong, said Wan Ahmad, has also called on Malaysians to accept the appointment of the AG, adding it should not create conflict as every Malaysian should be treated fairly regardless of their race or religion.

“The appointment would still continue to uphold the special privileges of the Malays and bumiputra as well as Islam as the religion of the Federation,” said Wan Ahmad.

He said the Agong has also approved the termination of Tan Sri Mohamed Apandi Ali as AG after taking into consideration the views of the Malay Rulers on three issues.

These issues are the appointment of the AG, the rights of the bumiputras, and the rule of the Council of Rulers as stated under Article 153 of the Federal Constitution.

“The King has also expressed his disappointment (dukacita) and worries on media reports of late that were inaccurate and negative in nature, which could threaten the peace and harmony in the nation.

“The King has the obligation to uphold the Federal Constitution and preserve the rights of the Malays and bumiputras, as well as to protect Islam,” he added.

Prime Minister Tun Dr Mahathir Mohamad, on May 14, announced that Apandi was told to go on leave and would be temporarily replaced by Solicitor-General Datuk Engku Nor Faizah Engku Atek.

The proposal to appoint Thomas as AG had sparked a disagreement with the King, but Dr Mahathir was adamant and submitted only Thomas' name to the King.

However the Agong insisted on more than one name, according to sources close to the royalty.

Malaysians expressed their joy and gratitude to the Yang di-Pertuan Agong, Sultan Muhammad V, for giving his consent for Tommy Thomas to be appointed the new Attorney-General (AG).

On The Star Online Facebook page, Thomas’ announcement received 291 shares, and 2,100 likes within an hour of the news breaking early Tuesday morning.

John Doraisamy said Malaysia and Malaysians were moving in the right direction.

“Happy to be 1Malaysia without racism,” he posted.


“Thank you to His Majesty YDP Agong for your royal consent. Congratulations to the new AG!” he said.

Justin Tan said Malaysia had reached a new milestone with Thomas' appointment.

“Everyone should be treated equally and fairly regardless of their race or religion.

“Hope this signifies a true Malaysian society based on merit that will push the country forward to becoming the next powerhouse in the region,” he said.

Meanwhile, Facebook user Rajasegaran Subramaniam called for the Federal Constitution to be made a compulsory subject in schools and universities due to the controversy surrounding Thomas’ appointment.

“It is pain in the eyes witnessing so called new Malaysia citizens commenting on sensitive issues without any ideas on what they are even commenting.

“(The) past two days was one hell of a rollercoaster ride because of ignorant comments from ‘new Malaysia’ citizens,” he said.

In a letter dated June 4, but released early Tuesday (June 5), the Comptroller of the Royal Household Datuk Wan Ahmad Dahlan Ab Aziz said the King, on the advice of the Prime Minister, has given the approval to the appointment of Thomas as the AG according to Article 145 (1) of the Federal Constitution.

The King, said Wan Ahmad, has also called on Malaysians to accept the appointment of the AG, adding it should not create conflict as every Malaysian should be treated fairly regardless of their race or religion.

“The appointment would still continue to uphold the special privileges of the Malays and bumiputera as well as Islam as the religion of the Federation,” said Wan Ahmad.  The Star


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Sunday, June 3, 2018

Najib's US top lawyers, hiccup to choice of new AG as 1Malaysia Development Bhd (1MDB) probe widens

1MDB  EMBATTLED Najib Razak

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John Ashcroft was the United States attorney-general during the George W. Bush presidency and oversaw the Department of Justice in the turbulent days after the September 11 terror attacks. – AFP pic, June 2, 2018.
面对人生最严峻的贪腐案指控,以及新政府倾全力的调查,纳吉不惜重金礼聘来自美国的“最强法律团队”,助他及家人洗脱“一马案”罪名。(图:透视大马)

Najib hires top US lawyers, including ex-AG, as 1MDB probe widens 


EMBATTLED Najib Razak has engaged the services of a team of top US lawyers, including former attorney-general John Ashcroft and star litigator David Boies, in a clear sign of concern that the widening global probe into 1Malaysia Development Bhd (1MDB) could snare him and his family members.

The United States Department of Justice (DOJ) has been investigating the alleged siphoning of funds from the state-owned entity for several years and even tagged Najib as Malaysian Official 1, but he had enjoyed immunity from criminal charges as the prime minister of Malaysia.

So, even though the DOJ probe stirred occasionally and captured the headlines, he was largely nonchalant about the US probe and even made a widely-publicised trip to the White House last September.

Things have changed drastically since May 9.

Najib is no longer the head of a foreign government, and, therefore, no longer enjoys full immunity from legal action.

Furthermore, Prime Minister Dr Mahathir Mohamad’s administration's vigour in nailing Najib for the 1MDB scandal and cooperating with US investigators, makes the former prime minister and even his wife, Rosmah Mansor, principal targets in the US.

In the past, the focus of the DOJ investigation was mainly on Najib's son, Riza Aziz and businessman Low Taek Jho.

But without the immunity of a prime minister and with the focus of the investigation in Malaysia on him and his wife, Najib has moved to hire top lawyers in the US.

Ashcroft was the AG during the George W. Bush presidency and oversaw the DOJ during the difficult days after the September 11 terror attacks.

After the Bush presidency, he set up a powerful lobby group called The Ashcroft Group and The Ashcroft Law Firm.

Checks by The Malaysian Insight show that the law firm registered Najib Razak as client on the Foreign Agents Registration Act register last September. He was listed as the prime minister of Malaysia and under the category of financed by a foreign government/foreign political party and other foreign principal.

It is unclear whether that engagement was for lobby or legal work because the FARA usually covers lobbying work in the US.

The Malaysian Insight understands that in recent days, Najib has engaged Ashcroft as his lawyer. The former PM has also hired David Boies, one of America's top courtroom lawyers.

He has acted for the US government in its anti-trust case against IT giant Microsoft and aided fallen financiers including AIG's Hank Greenberg and Enron's Andy Fastow.

Sources told The Malaysian Insight that also part of the high-powered legal team is Matthew Schwartz. He spent a decade as a prosecutor in New York and handled several high-profile cases including the investigation of ponzi king Bernie Madoff.

In 2013, he was named Prosecutor of the Year by the Federal Law Enforcement Foundation. Schwartz is now in private practice.

These lawyers are expected in Kuala Lumpur soon. – June 2, 2018. The Malaysian Insight The Malaysian Insight

纳吉聘美法律界“最强团队”辩护 背水一战誓洗一马案罪名


即将面临人生中最严峻贪腐案指控的前首相纳吉,已经做好背水一战的完全准备,重金礼聘来自美国法律界多位传奇人物,包括美国前总检察长约翰阿什克罗夫与明星律师大卫博依斯等人,势必洒尽千金也要洗脱“一马发展公司”(1MDB)案所有指控!

据了解,自早前两名大马律师哈柏星及阿迪慕都从律师团队请辞后,纳吉似乎不太信任本地律师,转而向外国律师求援,这次他筹组的法律团队中,据悉皆为美国籍律师。

纳吉之所以大费周章筹备外国律师团,正是因为新上台的希盟政府,此刻也正倾全力搜集他在一马案中的罪证,不但成立两个特别调查委员会,还积极与美国联邦调查局和美国司法部合作。为应付这铺天盖地的检控网,纳吉务必打起全副精神迎战。

更重要的是,如今已失去免控权的纳吉,无法再张开保护伞,庇护同样受调查的家人,包括妻子罗斯玛及继子里扎等人。他唯有大手笔请来美国最具实力的律师团队,保护他及家人免于牢狱之灾。消息指,这支美国律师团将于近期抵马。

据悉,这个“地表最强”律师团队将由美国前总检长约翰阿什克罗夫带领。约翰是小布什总统任内的总检长,曾在2001年美国经历911恐袭事件后,领导美国司法部度过艰难时刻。

在卸任后,他成立属于自己的游说公司“阿什克罗夫集团”以及“阿什克罗夫法律事务所”,继续在美国政界及司法界发挥影响力。

《透视大马》查悉,“阿什克罗夫法律事务所”已于去年9月,根据美国“外国代理人登记法”(Foreign Agents Registration Act),在外国顾客一栏填上纳吉的大名。其上还注明纳吉的身份是“大马首相”,并由“外国政府/政党”出资。

不过,目前尚未清楚,双方的交易项目是游说事务或法律事务,因为“外国代理人登记法”的注册,常见于美国机构为外国领导人所进行的游说工作。

“外国代理人登记法”,是美国为保障国防,内部安全及对外关系而制定的联邦立法。要求凡为外国政府,外国政党或外国领导人进行宣传或其它活动的人,必须公开其身份,以便美国政府和人民知晓这些人的身份,并对其活动和言行作出考察。

除了约翰,据了解纳吉还聘请了数位知名美籍律师,他们每一位都擅长处理经济、财务及金融界的刑事案件。

纳吉的美国法律团队中,包括明星律师大卫博依斯,大卫曾代表美国政府在反失信案里与世界科技巨头微软对簿公堂。

他还曾担任不少臭名昭著的财经界丑闻人物法律顾问,包括美国国际集团(AIG)前首席执行长汉克格林伯格,以及安然集团(Enron)前首席财务执行长安德鲁法斯托。

消息指出,另一位律师马修史瓦哲也非省油的灯,他曾在纽约担任检控官长达10年,经受过不少知名大案,例如轰动国际的“庞氏骗局”案件。

至2013年,马修获得美国联邦执法基金会颁发“年度检察官”的荣誉,他目前已卸下检察官身份转任律师。- 透视大马

Hiccup to choice of Malaysia's new AG

King prefers a Federal Court or Court of Appeal judge for top job

Senior lawyer Tommy Thomas as the country’s new Attorney General.

PETALING JAYA: A proposal by Prime Minister Tun Dr Mahathir Mohamad to appoint senior lawyer Tommy Thomas as the Attorney General has sparked a major dis­agreement with the King.

Essentially, Dr Mahathir is adamant about replacing Tan Sri Apan­di Ali, submitting only Thomas’ name to Sultan Muhammad V.

However, the King insisted on more than one name, according to sources close to the royalty.

“The King has suggested four names to Dr Mahathir, including an existing Federal Court judge and a Court of Appeal judge,” said one of the sources.

“The King’s argument is that he wants somebody who has been a judge or even a retired judge. He does not care whether the AG is an Indian, Chinese or Malay,’’ said the source, adding that the King demonstrated this when he accepted DAP secretary-general Lim Guan Eng as the Finance Minister.

The sources also pointed out that the King had once even recommended Thomas to the Kelantan government to act in a case against Petronas.

“The King wants an AG who is able to advise him on Syariah matters too, but Dr Mahathir rebutted that the Solicitor General can handle that job.

“However, the King felt that the AG as the top officer should be the one advising him,’’ said the source.

The Palace felt that it was not right for the blogs to construe the issue as “a constitutional crisis”.

“This is just a difference in opi­nions. The King informed Dr Ma­­ha­thir that if he really wants some­one to prosecute the 1MDB case, he need not make Thomas the AG.

“Thomas could be appointed as a DPP (deputy public prosecutor) just like how it was done with lawyer Tan Sri Muhammad Shafee before this,’’ added the source.

Just two days ago, prominent pro-Dr Mahathir blogger Syed Akbar Ali wrote on Malaysia Today, saying that there seemed to be serious issues developing between the Government and “another party” over the AG’s appointment.

“There is a very strong rumour (which I heard from very strong people) that our Dr Mahathir has already shortlisted one candidate as the new Attorney General,” he wrote, adding that “the candidate is said to be a non-Muslim, male Indian” and “an expert on Federal Constitution”.

Syed Akbar ruled out eminent retired judge Datuk Seri Gopal Sri Ram as the candidate.

He further said that the appointment was being objected to on the grounds that the candidate was neither a Malay nor a Muslim.

He said the new AG was tipped to be on a strict two-year contract with a job focused on institutional re­forms.

Yesterday, news portal Malaysian Insight also reported that the new Government was headed for a clash with the Malay rulers over the appointment.

Thomas could not be contacted to confirm the matter. Neither the press nor his close friends could reach him yet.

A retired senior judge said the matter was far more complicated than it appeared to be.

“A candidate for the AG’s position would have to be as qualified as a Federal Court judge with no less than 15 years’ experience in legal practice.”

Senior lawyer Haniff Khatri Ab­­dulla said the three characteristics that an AG should have to be effective were that he should be able to give general advice on each and every legal policy of the country, assist the Government on every provision of the Federal Constitution and hold two roles as the AG as well as the Public Prosecutor.

“As a Public Prosecutor, the candidate must have experience in criminal practice in order to be effective and not end up being a lame duck.”

Malaysians have come out in support of Thomas as the new AG.

Social media users, in particular, said the Prime Minister’s choice of AG should be respected by the King, saying the Ruler must be above politics.

They also vouched for Thomas’ credibility for the top job, saying he is the most suitable candidate

Facebook user Hirzan Afifi said: “If Tommy Thomas is our new attorney general, I got nothing to oppose. He is the king.”

Another user, Ranendra Bhatta­chary­ya, said: “Haven’t we, Malay­sians, having put in place the Government of our choice, demand the best should be appointed into office for vital national interests. Tom­my Thomas for Attorney Gene­ral of Malaysia.”

Another user Lim Hwah Beng said “Tommy Thomas is the one preferred by PH to be AG. It’s good if they can succeed in appointing Tommy Thomas as AG but I doubt they can ... Anyway, we will take it one step at a time.”

Parti Pribumi Bersatu Malaysia su­­preme council member A Kadir Jasin said in his blog that the King should respect the Constitution and act on the Government’s advice. - By Wong Chun Wai - Star


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