Tuesday, April 11, 2017

Malaysia's AG Appandi contradicts statement relied on by NZ judge Toogood when allowing the Low Family to change trustees, and fight US asset seizure

by Ganesh Sahathevan

Apandi Ali ,Inner Temple Man

The relevant paragraphs from the judgement of New Zealand judge Toogood are reproduced below,together with statements made today by Malaysia's Attorney General Appandi,
Readers are reminded that SRC International was first a wholly-owned subsidiary of 1MDB Holdings, before it was taken over by the Minister For Finance Inc, which is in effect Malaysian PM Najib Razak,who is also Minister for Finance.

Apandi's statements were relied on by the Lows in arguments presented before Toogood in the New Zealand matter. Toogood accepted  without reservation the Low's assertion that Apandi had said:

There has been no evidence from any investigation conducted by any law

enforcement agencies in various jurisdictions which shows that money has

been misappropriated from 1MDB.

Apandi now says that was not quite what he meant.Readers can decide for themselves.


LOW HOCK & ORS v ROTHSCHILD TRUST (SCHWEIZ) AG & ORS [2017] NZHC 25 [20 January 2017]


[14] The US Government's complaints were filed on the ground that the forfeiture

assets were derived from violations of United States law, including money

laundering offences. It is contended that the assets are traceable to an international

conspiracy, said by the Government to involve Mr Jho Low in particular, to launder

money misappropriated from 1Malaysia Development Berhad (1MDB), a strategic

investment and development company wholly owned by the Government of

Malaysia. 1MDB aims to promote Malaysian economic development through global

partnerships and foreign direct investment and to strengthen Malaysia's ties to

important economic partners.

[15] It is said on behalf of the plaintiffs, however, that the Attorney-General of

Malaysia has issued an official statement, responding to the US Government’s

allegations, saying that:
There has been no evidence from any investigation conducted by any law

enforcement agencies in various jurisdictions which shows that money has

been misappropriated from 1MDB.

AG clarifies he never ordered probe into SRC to be stopped

 96 comments     Published Today 10:02 am     Updated Today 11:50 am

Read more: https://www.malaysiakini.com/news/378709#ixzz4dwDJOIhw

After having cleared Prime Minister Najib Abdul Razak 16 months ago, attorney-general Mohamed Apandi Ali has now clarified that “NFA” or “No Further Action” does not mean a case is closed.
Commenting on the investigation into the RM42 million from SRC International that went into the prime minister's personal bank account, Apandi said he ordered the Malaysian Anti-Corruption Commission (MACC) to wrap up its investigation into the case for "some time already" and expected the probe to be completed in a month or so.
According to The Malaysian Insight, he clarified that he had never ordered the investigation on SRC International to be stopped.
"When I said there was no more investigation (at a press conference in Jan 26, 2016), it was on the RM2.6 billion that went into the prime minister’s personal accounts," he was quoted as saying.
"When we declare NFA, it means we put it aside. Unless and if there is new evidence that warrants a file to be reopened and investigated again, we will do so.
"No files are closed permanently when we say NFA, even the 1MDB file,” he added.
Advised not to speak to the media
On the reason why Apandi did not correct the misconception surrounding the case earlier, Apandi said it was because he was advised not to speak to the media then.
"After that PC (press conference), I was advised not to talk to the press, and that was why I received the worst treatment," he explained.
At the press conference on Jan 26, 2016, Apandi said no charge would be brought against Najib based on the investigation carried out by MACC on the RM2.6 billion political donation and the RM42 million SRC International funds that went into Najib's account.
He had said then: "Based on the facts and evidence as a whole, I, as the public prosecutor, am satisfied that no criminal offence has been committed by the prime minister in relation to the three investigation papers. I will return the relevant investigation papers to MACC today, with the instruction to close the three investigation papers."
SRC is a former subsidiary of the prime minister's debt-laden brainchild 1MDB.
Najib unaware about SRC money
The SRC money was deposited into Najib's account in two transactions - on Dec 26, 2014, and Feb 10, 2015 - after being routed through two companies, Gandingan Mentari Sdn Bhd and Ihsan Perdana Sdn Bhd.
Najib had reportedly claimed to be unaware about the money from SRC, and Apandi also cleared him of any wrongdoing in the matter.
Apandi also told the press conference then that Najib had returned US$620 million from US$681 million (RM2.6 billion) that was channelled into his personal bank account.

The Malaysian Insight also quoted Apandi as saying: "Investigations into the rest are still going on, on 1MDB and SRC International. I had said NFA (previously). It is a standard directive given by the AG or the DPP (deputy public prosecutor) to investigation agencies. What it means is that it is NFA up to that date.”
"If I decide to open up, then I can open up any time, no file is closed. No further action does not mean that the file is closed," he added.
Malaysiakini is attempting to contact both MACC chief commissioner Dzulkifli Ahmad and deputy chief commissioner (operations) Azam Baki for their response on this.

Read more: https://www.malaysiakini.com/news/378709#ixzz4dwCYVeNO

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