Wednesday, December 16, 2015

Duncan Lewis provides evidence that he has in fact been compromised:ASIO trying to influence how politicians speak about Islam.

by Ganesh Sahathevan

Readers are referred to the this earlier post:

Given that context, it is hard now to see that he has not been compromised,and that Lewis must be sacked:


ASIO chief Duncan Lewis ‘is playing politics’ on Islam

ASIO director-general Duncan Lewis is said to have told MPs that their more robust comments risked becoming a danger to national security. Picture: Kym Smith
ASIO director-general Duncan Lewis has phoned Coalition poli­ticians to urge them to use the soothing language favoured by Malcolm Turnbull in their public discussion of Islam.
In what is thought to be an unprecedented intervention in politics by a head of the spy agency, Mr Lewis is said to have told the MPs that their more robust comments risked becoming a danger to national security. It is believed the Office of the Prime Minister has been involved in arranging for these phone calls to take place.
A number of Liberals are angry at what they see as an improper ­intervention by the ASIO head into legitimate political issues.
The Australian submitted a ­series of questions to Mr Lewis through the ASIO media office, ­including whether he had made the phone calls to the politicians. The ASIO spokesman declined to answer questions regarding the phattone calls.
These phone calls are part of a broadbased effort by ASIO to ­influence how politicians speak about Islam.
A newspaper interview with Mr Lewis that appeared in News Corp newspapers on Sunday was widely seen as a slap down of ­former prime minister Tony ­Abbott. The interview took place on Thursday last week, a day after an opinion piece by Mr Abbott ­appeared in The Daily Telegraph,in which he argued that Islam as a religion was in need of reform.
Mr Abbott, although warning against the demonisation of Islam, said: “We can’t remain in denial about the massive problem within Islam.”
He said Islam had never had its own Reformation or Enlightenment and had not as a consequence developed a natural acceptance of pluralism and the separation of church and state.
In The Sunday Telegraph interview, Mr Lewis said that Muslim-baiting rhetoric could fuel a dangerous backlash against Muslims that would make it harder for ASIO to do its work.
He did not say who was guilty of the rhetoric.
“I think it behoves Australians to recognise the backlash is something very, very dangerous … we need to be very temperate,” Mr Lewis said.
Mr Lewis also said: “I don’t buy the notion the issue of Islamic ­extremism is in some way fostered or sponsored or supported by the Muslim religion. I think it’s blasphemous to the extent I can comment on someone else’s religion.”
Mr Lewis is a distinguished ­former general who once headed the SAS. He served as Julia Gillard’s national security adviser and held senior national security positions under John Howard.
Mr Lewis’s phone calls to Liberal politicians, the background briefings by the security agencies discrediting the language Mr ­Abbott used and the interview withThe Sunday Telegraph have angered Coalition figures on the backbench and the frontbench.
They do not see the issue through any prism of leadership battles or affection for Mr Abbott, but as one of free speech and the need to deal openly and effectively with issues of extremism.
Some Liberals believe their comments have been falsely conflated with those of Mr Abbott, and that Mr Abbott’s comments have been falsely conflated with overseas politicians who are much more extreme, such as Donald Trump, but the overall result has been to dampen free speech.
Some Liberals were also ­annoyed by the opinion piece by Concetta Fierravanti-Wells that appeared in The Australian yesterday, in which she denounced “megaphone politics” and specific­ally rejected some of Mr Abbott’s language.
Dennis Jensen, the Liberal member for Tangney, in response to Mr Lewis’s newspaper interview, last night told The Australian: “I understand what he (Mr Lewis) is saying on it, but I fundamentally don’t agree. I understand the majority of tips ASIO gets come from the Muslim community.
“But to say something is off limits and should not be discussed is extremely anti-democratic. It’s really a slippery slope. Free speech was not won easily. People paid for it with blood. To meekly roll over and give it away is very mistaken.”
Andrew Nikolic, the member for the Tasmanian seat of Bass and former government whip, who served for 31 years in the Australian Army, does not ­believe Coalition politicians who spoke out about the need for an open debate deserved to be ­censured.
In response to Mr Lewis’s newspaper interview, Mr Nikolic told The Australian: “I can understand why he (Mr Lewis) and the security agencies want to make sure of their ability to do their job, but the comments of myself and others that I have seen have not criticised Islam but those who seek to hijack and misrepresent Islam.”
Several Liberals told The Australian they believed the Prime Minister’s Office was involved in the timing and content of Mr Lewis’s interview with The Sunday Telegraph. The Prime Minister’s office emphatically ­denied this to The Australian.
In recent days, The Australian has canvassed Mr Lewis’s comments with a wide range of former senior national security figures.
All regarded Mr Lewis’s comments as a mistake. Several said they risked injecting ASIO into partisan politics.
Beyond Mr Abbott, a wide range of Liberals made comments critical of the initial response of the Australian Grand Mufti, ­Ibrahim Abu Mohammed, to the Paris terror attacks or calling for an honest discussion of the issues.
These include Immigration Minister Peter Dutton, Treasurer Scott Morrison, Energy Minister Josh Frydenberg and backbenchers Andrew Hastie, Mr ­Nikolic, Luke Simkins, Eric Hutchinson, George Christensen and Angus Taylor. There is no suggestion all of these people are critical of Mr Lewis.

Tuesday, December 15, 2015

Mastercard's chairman and PetroSaudi-Two letters complicate matters,as do disclosures in Mastercard SEC announcements

by Ganesh Sahathevan


It was reported earlier this week on this blog and the TerrorFinance Blog that Richard Haythornthwaite, the chairman of Mastercard, has been implicated in the money laundering scheme involving Prince Turki Al-Saud's Petrosaudi. As reported on the Terror Finance Blog, UK regulators are trying hard to look away, in what appears to be an attempt to save Prince Turki.

Meanwhile, Haythornthwaite's Petrosaudi appears to have further implicated itself in the matter by issuing a letter explicitly confirming its ownership of a company named Good Star Ltd,which is an integral part of the theft and money laundering allegations.




Click to Enlarge


Clare Rewcastle-Brown's Sarawak Report has provided evidence to show that in this letter Haythornthwaite's Petrosaudi has made a claim that is false, and designed to conceal the involvement of the Malaysian businessman Jho Low.
The letter is also contradicted by this commission agreement between Good Star and Tarek Obaid, PetroSaudi's CEO ,published by Sarawak Report, where Obaid is promised a commission for directing investments to Malaysia.


Clearly, Petrosaudi has no interest in paying its CEO a commission for directing investment into Malaysia.
As reported earlier (see story below), Haythornthwaite has denied if not attempted to distance himself from Petrosaudi, at least to Sarawak Report. As shown, that attempt was curious given that his PetroSaudi involvement is disclosed in the Network Rail Infrastructure Limited 2012 Annual Report. Now it can be shown that it is also disclosed in a Mastercard SEC disclosure.
The acronym PSI UK Ltd has been used instead of the full form , PetroSaudi International (UK) Ltd, as is the case in the Network Rail annual report.








Mr. Haythornthwaite is Non-Executive Chairman of Centrica PLC, a position he has held since January 2014. He is Chairman of the Operating Businesses of PSI UK Ltd and Chair of the World Wide Web Foundation. From 2006 until 2008, Mr. Haythornthwaite was a partner of Star Capital Partners Limited. From 2001 to 2005, Mr. Haythornthwaite served as Chief Executive Officer and Director for Invensys plc and, from 1997 to 2001, he served as Chief Executive, Europe and Asia and then as Group Chief Executive for Blue Circle Industries plc (acquired by Lafarge SA in 2001). His prior positions included serving as a Director of Premier Oil plc, President of BP Venezuela, and General Manager, Magnus Oilfield, BP Exploration. Mr. Haythornthwaite is Chairman of Southbank Centre Board. Within the last five years, he also served as Non-Executive Chairman of Network Rail and as a director of Land Securities Group plc



The 1 MDB issue has now spread toa number of jurisdictions, given that there have been
questionable transactions involving 1 MDB and PetroSaudi in the UK, Malaysia , the Cayman Islands, Hong Kong, Australia and Singapore. Subsequently there are investigations under way in a number of jurisdictions, which directly or indirectly concern these transactions.
In the latest of these the Federal Court Of Australia has ordered the winding up of fund manager reported to have been entrusted with some USD 2 billion of 1 MDB money,being the proceeds of some business dealings with PetroSaudi.

This cannot be a good look for any company in the business of providing transaction services, let alone one with the worldwide reach of Mastercard. The company needs to provide shareholders and the public an explanation ,quickly.
END





First published at Terror Finance Blog

Monday, December 14, 2015

Was Duncan Lewis compromised when in Jakarta ?Are we seeing another Harvey Barnett?

by Ganesh Sahathevan

More on Duncan,and why he should resign or be sacked.

From 1994 to 1996, Lewis was Australian Army Attache in Jakarta. These were the boom years,Suharto was in power, and many foreigners, Australians included, fell under his spell, and  that of those he led. There is no reason to believe that  Duncan Lewis was somehow immune. 

The US Embassy in Canberra had among other things. this to say about Lewis:
 He was a man with strong interpersonal and diplomatic skills who understood Asian culture well.

This far there has  been little evidence of his superior understanding of "Asian culture". However his comment on Islam
yesterday   raises the question whether his stay in Indonesia involved any incidents that have left him with an incurable bias.
He would not be the first ASIO chief to have developed an attachment to the Muslim faith after a stint in Indonesia.The name Harvey Barnett comes to mind.

Harvey Barnett served for 19 years in the Australian Secret Intelligence Organisation (ASIS) -- Australia's equivalent of the CIA. In 1976 Harvey was invited to join the Australian Security Intelligence Organisation (ASIO) and five years later became director-general. He retired in 1985. Harvey was deeply religious and was particularly committed to the Subudmovement, an organization that blends Islam, Christianity and Javanese mysticism, 
Harvey's brother Peter who worked for Radio Australia in Indonesia,went even further: As reported in the Jakarta Post in 2001:
Peter married Siti Nuraini Jatim, a well-known Indonesian poet, in Melbourne in 1970 when Siti was working at Radio Australia. She was a descendent of an aristocratic Sumatran family and had married a rising author, Asrul Sani, in the 1950s (they had three daughters but later divorced). Nuraini and Peter had a son, Adam. Peter converted to Islam, guided by the Chicago-educated Islamic scholar Prof. Nurcholish Madjid, making Peter a familiar figure in Melbourne's Muslim community today.
Unknown to many, Peter was also an active member of the network that promoted one Susan Carland and Waleed Aly.This was the same network that brought us the Commercial IBT scandal.
The story of the Barnett brothers tells us that it does not take much for "highly intelligent" Australian "experts" posted to Indonesia to turn native, and then return here to work to our disadvantage.
END



Cablegate: National Security Advisor Duncan Lewis

Friday, 5 December 2008, 6:32 am
Cable: Wikileaks
Ref: 08CANBERRA1230
VZCZCXRO1579
PP RUEHPT
DE RUEHBY #1230 3400632
ZNR UUUUU ZZH
P 050632Z DEC 08
FM AMEMBASSY CANBERRA
TO RUEHC/SECSTATE WASHDC PRIORITY 0625
INFO RUEHBN/AMCONSUL MELBOURNE PRIORITY 5812
RUEHPT/AMCONSUL PERTH PRIORITY 4084
RUEHDN/AMCONSUL SYDNEY PRIORITY 4022
RHEHNSC/NSC WASHINGTON DC PRIORITY
RUEKJCS/SECDEF WASHINGTON DC PRIORITY 
UNCLAS CANBERRA 001230
SIPDIS
SENSITIVE
E.O. 12958: N/A
TAGS: PGOV PREL PINR MARR AS
SUBJECT: NATIONAL SECURITY ADVISOR DUNCAN LEWIS
1. (U) SUMMARY: Prime Minister Kevin Rudd announced the
appointment of Duncan Lewis to the newly-created post of
National Security Advisor (NSA). The creation of the
position of NSA is the first step in the formation of the
Rudd Government's new national security structure. The NSA
will be responsible for advising the Prime Minister on all
policy matters relating to Australia's security, and will
oversee implementation of all national security policy
arrangements. Lewis served for more than 30 years in the
Australian Defense Force and was commander of the SAS when in
retired in 2005. Currently Deputy Secretary in the
Department of Prime Minister and Cabinet with responsibility
for policy coordination and advising the Prime Minister on
national security, defense and intelligence, domestic
security, and international relations, his appointment as NSA
required creation of a new position - Associate Secretary of
the Department of Prime Minister and Cabinet. END SUMMARY
RESPONSIBILITIES OF NATIONAL SECURITY ADVISOR
2. (U) PM Rudd released a National Security Statement in
Parliament December 4. As part of that statement, the Prime
Minister also announced the appointment of Duncan Lewis AO to
the newly-created post of NSA. The NSA "will be the source
of advice to the Prime Minister on all policy matters
relating to the nation's security, and will oversee the
implementation of all national security policy arrangements."
This includes coordination of national security budgets,
evaluation of performance against national security
priorities, and establishment of an executive development
program in national security. He will chair a newly formed
National Intelligence Coordination Committee (NICC) intended
to integrate national intelligence efforts towards achieving
national security priorities. Lewis will also become the
Deputy Chair of the National Security Committee of Cabinet at
the Ministerial level, whose charter will be expanded to
address homeland and border security. Other chairmanships of
the NSA include the strategic maritime management committee,
the strategic policy co-ordination group, the
Counter-Terrorism Policy Committee, and co-chair of the
national counterrorism committee.
BIOGRAPHY OF DUNCAN LEWIS
3. (U) Lewis served for more than 30 years as an officer in
the Australian Army, including three tours with the SAS. A
graduate of the Royal Military College Duntroon, he initially
served as a junior infantry officer before joining the SAS.
Lewis served as commander of the SAS regiment 1990-92, army
attache in Jakarta from 1994-96 and retired in 2005 as Major
General commanding Australian Special Forces. In 2000, as a
brigadier general, he was given command of Sector West in
East Timor, the frontline border region where
anti-independence guerrillas were staging frequent
cross-border incursions. Lewis was awarded the Conspicuous
Service Cross for his work as SAS commander and the
Distinguished Service Cross for his leadership on the East
Timorese border in 2000. He is also a graduate of the
British Army Staff College, Camberley, and the U.S. Army War
College.
4. (SBU) According to press reports, Lewis is regarded as
strong-minded and highly intelligent with a keen interest in
history. A former army chief said "Lewis left the military
at the height of what he could achieve in the special forces
with good operational experience and got things done."  He
was a man with strong interpersonal and diplomatic skills who
understood Asian culture well. 
In 2005, he retired from the
military and in October of that year he was appointed to his
current position as Deputy Secretary, Department of Prime
Minister and Cabinet, with responsibility for policy
coordination and advising the Prime Minister on national
security, defense and intelligence, domestic security, and
international relations.
MCCALLUM

Saturday, December 12, 2015

Mastercard USA chairman implicated in Saudi prince's theft from Malaysian SWF 1 MDB

First published at Terror Finance Blog

Duncan Lewis must resign or be sacked if the rest of us are to remain safe

by Ganesh Sahathevan

ASIO chief and former national security advisor Duncan Lewis has proven yet again why he is unsuited to an intelligence role.This time, he has gone so far that his position has become untenable. 
In what appears to be another example of a former senior officer brushing up his CV for a vice-regal position Lewis has decided to point the finger at the rest of us for the local jihadi problem (see story below).
How that can be helpful, coming especially from a head of internal security, is hard to fathom.There are many reasons why security and intelligence chiefs eschew public pronouncements on anything but true to form, Lewis sees no appreciation of this rule.In this latest blunder in a series of blunders  Lewis seems intent on proving the case that he is not suited to an intelligence role. 

Then in speaking ,he reveals how poorly he understand the dangers. Australia has had  a jihadi problem going back  to the 90s ,long before 9/11,and long before anyone took any notice of Muslims,despite their best efforts to be heard. It took the Muslim community to educate us on what a hijab,niqab or burka was and frankly, I would not be surprised if the majority of Australian equated them with G-strings, as some kind of fashion trend. And, as with all fashion trends, it did not bother anyone ,not until the Muslim community made it a point of discrimination. Blaming the rest of us of being the cause of  heightened jihadi violence  is disingenuous at best,ignorant at worse.

To make his point Lewis went so far as to say:
“I don’t buy the notion that the issue of Islamic extremism is in some way fostered or sponsored or supported by the Muslim ­religion. I don’t buy that at all. I think it’s blasphemous to the extent that I can comment on someone else’s religion.’’

When even Muslim governments in this region, like Malaysia and Indonesia, have for decades closely monitored and where necessary acted using police and the armed forces against Muslim groups within their borders for reasons of national security , Lewis's comment is idiotic.

When one considers that the governments of Malaysia and Indonesia have done so even while using the religion to further their national interests, the extent of his idiocy becomes even more apparent.

That he seems unaware that Singapore has effectively secularized its significant Muslim minority suggests an intellectual incapacity which cannot be tolerated in anyone charged with national security , let alone the chief of ASIO. This man must go if the rest of us are to be kept safe. As he put it:
"But we need to be smart.’

END 




Terror alert: Australia’s top spy chief warns rift with Muslims could weaken national security


Samantha MaidenNational Political EditorThe Sunday Telegraph
AUSTRALIA’S top spy chief Duncan Lewis has warned that fuelling a backlash against Muslims is a “dangerous’’ threat to­ ­national security and weakens his organisation’s ability to stop terrorist attacks.

Frustrated intelligence chiefs and police are going public for the first time after delivering months of private advice that Muslim-bashing rhetoric could impact on the agency’s vital work with ­Islamic communities.

“I think it behoves Australia and Australians to recognise that the backlash is something that is very, very dangerous,’’ Mr Lewis, a former SAS officer who commanded Australia’s Special Forces in Afghanistan, said.

ASIO director general Duncan Lewis says we should not be fuelling backlash against Muslims.

“The level of co-operation we have is very good. We are well connected with the Islamic community in Sydney and Melbourne. We are to a great extent very dependent on the information that flows from them.

“That the estrangement, should it occur with the Muslim community here, would be very, very unfortunate for our operations. It impacts negatively on what we are trying to do.

“We need to be very temperate. And we need to be smart as a community. This problem is solvable. But we need to be smart.’’

He said his officers would be working over Christmas “while the rest of Australia is on the beach”.

Police will be working around the clock these holidays as terror alert is probable. Picture: Stephen Cooper

“We are working very closely with the Islamic community and we need to, to secure the outcome we want which is the security of the country,” he said.

“I don’t buy the notion that the issue of Islamic extremism is in some way fostered or sponsored or supported by the Muslim ­religion. I don’t buy that at all. I think it’s blasphemous to the extent that I can comment on someone else’s religion.’’


His comments follow those of former prime minister Tony ­Abbott, who has called for a “religious revolution” inside Islam, declaring “all cultures are not equal” and that “we can’t remain in denial about the massive problem within Islam.’’

Mr Lewis also said that “the jury was out’’ on sending Western troops to fight Islamic State in Syria.

“It’s too complex an issue just to say we need to put more troops into it. The view among Western nations is that a large scale Western intervention there is judged unlikely to be successful in the long run. But it’s not my lane right now.

“The jury is out. What I would say is that the collapse of the so- called caliphate will be a necessary part of the complete solution.”

Originally published as Spy chief warns of rift with Muslims

Friday, December 11, 2015

Zaid Hamidi clarification in the matter of Najib's US$ 681 million raises issue of money dirtying

This article was first published on the Terror Finance Blog. Readers of this blog may want to read it together with the earlier story copied and pasted below.



Malaysia's Deputy PM Implicates Wells Fargo In a Money Dirtying Scheme

by Ganesh Sahathevan

Having previously said that a sum of US$681 million found in Malaysian Prime Minister Najib Razak's personal account  was only part of what a  Saudi benefactor had provided Muslim groups throughout the region, including Muslim separatists in Thailand and the Philippines who have been waging guerrilla warfare against the majority in those countries, Malaysia's Deputy Prime Minister Ahmad Zahid Hamidi now says that the money was contributed by a number of different donors.
This revelation ,given the fact that the sender on record is a BVI company since liquidated named Tanore Finance, suggests that there was a scheme to gather and distribute funds using Wells Fargo as a conduit. The quantum and the structure of the payment suggests that Wells Fargo has at the very least questions to answer with regards basic know your customer (KYC) rules.
END 


by Ganesh Sahathevan Having recently payed about a million and a half in fines for AML/CTF breaches, Wells Fargo is now implicated in a money laundering scandal that rivals the drug cartel business that its wholly-owned subsidiary Wachovia had once transacted. At the heart of the scandal is the apparent theft of some $ 10 billion from a Malaysian sovereign wealth fund, 1Malaysia Development Bhd (1 MDB). Part of the funds said to be stolen is said to have found its way to the personal accounts of the Malaysian Prime Minister Najib Razak. In his defence he has said that a Saudi family had sent him a donation of US$ 681 million, via Wells Fargo Bank of New York, using a BVI company (since liquidated) called Tanore Finance. That company was a client of Falcon Private Bank Of Singapore, which was the ordering institution for that wire transfer. The Wall Street Journal which broke the story of that massive "donation" hasplaced on-line the relevant documents. No one is buying the story, and to make matters worse Najib's deputy Ahmad Zaid Hamidi and other ministers have said that the money was only part of what the Saudi benefactor had provided Muslim groups throughout the region, including Muslim separatist in Thailand and the Philippines who have been waging guerrilla warfare against the majority in those countries. END



Thursday, August 6, 2015

On the matter of the US$ 681 million donation to Prime Minister Najib Razak: Sender did not describe payment as a donation

by Ganesh Sahathevan
The Malaysian Prime Minister Najib Razak has said that  someone has sent him a donation of US$ 681 million, via Wells Fargo Bank of New York, using a BVI company (since liquidated) called Tanore Finance. That company was a client of Falcon Private Bank Of Singapore, which was the ordering institution for that wire transfer.

The Wall Street Journal which broke the story of that massive "donation" hasplaced on-line the relevant documents.

Readers are referred to pages 2 and 3 of the documents,and to the items marked70-Remittance Information.
Curiously the transfers  (the sum total was paid in two amounts)  are  described as  "Payment" and not " Donation".
This is not a matter of mere semantics.In these days of heightened controls on the transfer of funds, given the fear of terrorist financing, descriptions are important , even for very small sums. In this case where that large amount of money was being transferred to an individual the description becomes even more important.


Readers may also be interested in item 71A Details o Charges
 "SHA" means charges are shared and it is again curious that such a generous donor would want the recipient to share in the charges for the transfer.
A PDF copy of the documents may be sighted at :
https://s3.amazonaws.com/s3.documentcloud.org/documents/2158723/1mdb-documents.pdf

END

Monday, December 7, 2015

Najib vs Datuk Harun Idris: Affection of a Saudi donor does not make Najib less culpable;innocence must be proven in court

by Ganesh Sahathevan 


" Section 50 of the MACC Act deems a corrupt intent of the giving or receiving of gratification unless the contrary is proven"

Bernama has reported that  Prime Minister Najib Razak has again justified some USD 681 million  discovered in his personal account  as being a donation from an unnamed Arab, which he used to further the interests of  UMNO,the party which he heads:

Prime Minister Najib Abdul Razak has stressed that the donation of RM2.6 billion deposited into his account is neither from a public fund nor the government's strategic investment company, 1MDB.
He said the matter had already been verified by the MACC which had also found the donors.
"I have not committed any offence or malpractice, this has been explained at the Parliament by the deputy prime minister (Ahmad Zahid Hamidi).
"The donors have been verified and found by the MACC and the commission has also obtained their statements," he said in an interview with TV3 tonight in conjunction with the Umno AGM.
Asked why the funds were deposited into his account, the prime minister explained that it was the donor's wish and the donation was made in a personal capacity.
He said that the Bank Negara was notified when the account was created.
"So, there is no intention at all to cheat or to commit an offence because Bank Negara had been notified about the existence of this account.
"But do not be confused. The account is in my name, but it is not like a personal account. And I am sure that once the investigation is completed, the truth will prevail," he said.
The MACC today confirmed sending its officials to the Middle-East to meet with the RM2.6 billion donor.
Unfortunately for Najib the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act”) defines gratification very broadly and includes donations.An explanatory note published by  the prominent Malaysian law from Skrine & Co ( whose founding partners  included his uncle, former Prime Minister Tun Hussein Onn, and of which his cousin and current Minister for Defence Hishamuddin Hussein Onn  was also a partner) puts the matter of donations as gratification quite clearly:
Donations to political parties

In recent times, there has been increasing practice of companies providing donations to political parties in Malaysia. Although political donations are not specifically covered by any law in Malaysia, particular care must be taken in ensuring that such donations are not construed as an inducement or a reward for doing or forbearing to do any act as this would fall within the general prohibitions of the MACC Act. Further, Section 50 of the MACC Act deems a corrupt intent of the giving or receiving of gratification unless the contrary is proven.


That deeming provision and the matter of Datuk Harun Idris which was decided almost 40 years ago ,taken together, means the "donation" explanation can provide little if any defence. Even if it is a defence, the MACC Act provided that it is a mater that must be proven in ocurt. Explanations in private, via the media, or in any other forum, including the UMNO General Assembly, do not matter. The MACC has no choice but to lay charges.After all , Najib and the MACC agree that the facts of the matter are not in dispute.
END 

END 













Saturday, August 8, 2015


Najib vs Datuk Harun Idris-40 years on which way will it swing.

by Ganesh Sahathevan
The prime minister and Umno president was reported as saying that he had taken the money on behalf of the party, and that it was not used for personal gain
http://www.themalaysianinsider.com/…/najib-says-macc-cleare…
But then see:
Public Prosecutor v Datuk Haji Harun bin Haji Idris (No 2) [1977] 1 MLJ 15 High Court, Kuala Lumpur (Raja Azlan Shah J).
Summary :

The accused was charged with three charges of corruption. It was alleged that the accused as Mentri Besar, Selangor: (a) solicited the sum of RM250,000 for UMNO as an inducement to obtain the approval of the Executive Council in respect of an application for a piece of state land; (b) being a member of a public body accepted for UMNO the sum of RM25,000 as an inducement to obtain such approval; (c) accepted for UMNO the sum of RM225,000 as an inducement to obtain such approval. It was also alleged that the accused was a member of a public body, namely, the government of Selangor, or alternatively, that he was an agent of the Ruler of the State of Selangor.
Holding :
Held: (1) the accused as Menteri Besar was a member of a public body, that is, the government of Selangor; (2) on the facts of this case, the accused did solicit for UMNO a gratification of RM250,000; (3) the circumstances in which the gratification was solicited gave rise to the inference that it was solicited corruptly; (4) the accused solicited the gratification as an inducement to obtain the approval of the Executive Council in respect of the application for the land; (5) the facts showed that the accused accepted a gratification from the Hongkong and Shanghai Bank of RM25,000 through Haji Ahmad Razali at the airport on or about 16 August 1972 and that he on or about 27 March 1973 accepted from the Hongkong and Shanghai Corp a gratification of RM225,000 in his office in Kuala Lumpur; (6) the accused accepted the gratification of RM25,000 and RM225,000 as an inducement to do an official act in connection with the bank's application for alienation of the land; (7) on the evidence, the prosecution had proved its case in relation to all three principal charges, which if unrebutted, would warrant the conviction of the accused; (8) the accused did not rebut the evidence for the prosecution and on all the evidence considered as a whole, the charges against the accused have been proved beyond reasonable doubt.
Digest :
Public Prosecutor v Datuk Haji Harun bin Haji Idris (No 2) [1977] 1 MLJ 15 High Court, Kuala Lumpur (Raja Azlan Shah J).