Ref: Malaysia yang dianggap bersih mempunyai skandal, jadi apakah NKRI yang 
penuh kotor korupsi dan yang sekarang sedang beli berbagai macam perlengkapan 
persang bisa bersih dari skandal?

http://www.asiasentinel.com/index.php?option=com_content&task=view&id=4626&Itemid=178


      Deep and Dirty: Malaysia's Submarine Scandal        
      Written by John Berthelsen  
      Monday, 25 June 2012  

             
            Scorpene diving: Not deep enough 
      Leaked prosecution documents show a pattern of official misdeeds in two 
countries

      A two-decade campaign by the French state-owned defense giant DCN and its 
subsidiaries to sell submarines to the Malaysian ministry of defense has 
resulted in a long tangle of blackmail, bribery, influence peddling, misuse of 
corporate assets and concealment, among other allegations, according to 
documents made available to Asia Sentinel. 

      Some of the misdeeds appear to have taken place with the knowledge of top 
French government officials including then-foreign Minister Alain Juppe and 
with the consent of former Malaysian Prime Minister Mahathir Mohamad, according 
to the documents, comprising 133 separate files and hundreds of pages. They 
were presented to the French Prosecuting Magistrate at the Court de Grand 
Instance de Paris in May and June of 2011. French lawyers have begun preparing 
subpoenas for leading Malaysian politicians including Prime Minister Najib Tun 
Razak, the current Defense Minister, Ahmad Zaki Hamad and several other 
figures. 

      The documents were sent anonymously to Asia Sentinel via a circuitous 
route that took them to Brussels, Belgium; Lagos, Nigeria; Brazzaville,Congo; 
Libreville, Gabon; then to Leipzig, Germany and finally to Hong Kong. The 
documents, written in French, can be found in a collection in Asia Sentinel's 
Scribd account. 

      Click here to view documents.

      The documents were compiled as a result of a raid on April 7, 2010, when 
scores of investigators from the anti-organized and financial crime unit of the 
French Directorate of Judicial Police swooped down on DCN’s offices at 19 rue 
du Colonel Pierre Avia in Paris’s 15th Arondissement, and four other locations, 
demanding that stunned officials give them access to safes, files and 
computers. They collected thousands of documents that form the bulk of the 
files delivered to Asia Sentinel.

      Together, they present a damning indictment of Malaysian officials whose 
goal was to steer a €114.96 million (US$114.3 million at current exchange 
rates) payment through a private company called Perimekar Sdn Bhd, wholly owned 
by Abdul Razak Baginda. Razak Baginda was then the head of a Malaysian think 
tank called Malaysian Strategic Research, which was connected with the United 
Malays National Organization, the country’s biggest political party. 

      The payment appears to have been in violation of the OECD Convention on 
Bribery, which France ratified on June 30, 2000. On Sep. 29, 2000, according to 
document D00015, DCNI, a DCN subsidiary, “took corrective actions” after France 
joined the bribery convention. Contracts concluded after that date were to be 
routed to Eurolux and Gifen, companies held by Jean-Marie Boivin, DCN’s former 
finance chief, and headquartered in Luxembourg and Malta respectively Boivin is 
being investigated for having played a central role in the “corrective 
actions,” with what were described as “outlandish commissions” traveling 
through the welter of companies that he established in tax havens around the 
world. Among the documents is one that shows Boivin paid to send Razak Baginda 
on a jaunt to Macau with his then-girlfriend, Altantuya Shaariibuu, a Mongolian 
national who was later murdered by two of Najib’s bodyguards.

      “A separate agreement sets other compensation consisting of a fixed 
amount independent of the actual price of the main contract,” one document 
reads in reference to the payment to Perimekar. “This has been made to be 
consistent with [DCN’s] internal rules and [its subsidiary] Thales and those of 
the OECD. The beneficiaries of these funds are not difficult to imagine: the 
clan and family relations of Mr. Razak Baginda. In addition, these funds will 
find their way to the dominant political party." Malaysia’s dominant political 
party was and is UMNO. 

      Malaysian Defense Spree

      The story in essence began when Najib Tun Razak was appointed defense 
minister in Mahathir’s cabinet in 1991 and embarked on a massive buildup of the 
country’s military, arranging for the purchase of tanks, Sukhoi jets, coastal 
patrol boats – and submarines. That kicked off a stiff competition between 
French, German, Swedish, Russian and Dutch manufacturers, who in turn went 
looking for the most effective cronies of the Malaysian leadership to help them 
out. By 1995, according to document DC00078, DCN’s subsidiary Thales was losing 
out to the German manufacturer Kockums AB, which was represented by Amin Shah, 
dubbed “Malaysia’s Onassis” because of his business and shipping interests, who 
was close to then-finance minister Daim Zainuddin and was suspected of being a 
front man for Daim’s interests.

      French authorities seemed to counter by paying a “consultancy fee” 
according to a handwritten document called a "Consultancy Agreement” signed in 
Kuala Lumpur on Oct. 1, 1996 between DCN International representative Emmanel 
Aris and a Malaysian Army major named Abdul Rahim Saad. The purpose was “to 
reintroduce DCNI in the short list of tenders after it was rejected by the 
Government of Malaysia” on Dec. 14, 1995, according to the French documents.

      The remuneration was to be paid in two lots, US$20,000 before Jan. 31, 
1996, and US$80,000 after acceptance. Apparently it was successful. Rahim is 
now managing director of a company called ARS Sehajatera Sdn Bhd., which 
supplies logistical equipment to the Malaysian armed forces.

      However, there are questions whether Rahim was ever paid. A memo found in 
the DCN files said he “expresses discontent and proclaims his support for the 
Agosta [the Spanish manufacturer of the Scorpenes for DCN] submarines since 
1996 but he ‘has not had any news from DCNI to date.’ He says he organized 
shady activities to promote the French bid…He complains of not having been paid 
for his services.” 

      Eventually, according to the documents, Amin Shah began to lose his 
influence with the government after Daim Zainuddin left his position as finance 
minister. DCN and its subsidiaries began casting around for other sources of 
influence within the Malaysian government. 

      An attempt to woo Tan Sri Razali Ismail, one of Malaysia’s most 
distinguished diplomats, failed. “It was ultimately unsuccessful and Mr. Abdul 
Razak Baginda was chosen in his place,” the documents note. “The role of the 
latter was to facilitate the submission procedure to the Malaysian government 
and the responsible ministers, in particular the Minister of Defense, with whom 
he claimed to have a close relationship.”

      According to Document D000112, “…Razak Baginda has maintained excellent 
relationships with the Defense Minister and Prime Minister. Moreover, his wife, 
Mazlinda Makhzan, is a close friend of the Defense Minister’s wife. Thus, 
Baginda has become the center of the network. Both companies are at the center 
of this network: Terasasi, related to Baginda, and Perimekar, which was 
initially controlled by Mohamad Ibrahim Mohamad Nor,” who was also close to 
Daim Zainuddin. However, with Daim stepping down as finance minister after a 
spat with Mahathir, Razak Baginda took over sole proprietorship of that company 
through his wife.

      “The major defense contracts in Malaysia as in other countries require 
substantial money transfers to individuals and/or [political] organizations,” 
the document noted. “In Malaysia, other than individuals, the ruling party 
[UMNO] is the largest beneficiary [rather than Perimekar, the company to which 
the commission was directed]. Consultants [agents or companies] are often used 
as a political network to facilitate such transfers and receive commissions for 
their principals.”

      The Heart of the Deal

      Over the next few years, the documents show, as the contract came closer 
to fruition Razak Baginda and Najib maneuvered in France to get the best 
possible deal for themselves and UMNO, establishing a tangle of companies 
through which funds would ultimately pass.

      Their activities included the founding of several companies including 
Perimekar in 2000 as a vehicle to funnel the €114.9 million commission to Razak 
Baginda and others, with Razak Baginda’s wife the principal shareholder. The 
plan appears to have had the approval of Mahathir. A diplomatic cable to 
Foreign Minister Juppe said, “The company chosen by the government for the 
submarine project is…Perimekar. This choice is the subject of an official 
notification from the Malaysian Ministry of Finance to the Ministry of 
Defence... Note that this decision of the Ministry of Finance was taken while 
the Prime Minister himself held the post of Minister of Finance, after the 
departure of Tun Daim.” 

      The French company appears to have had no illusions as to Perimekar’s 
function. Documents note that “Perimekar was a limited liability company with a 
capital of MR5 million (€1.4 million) of which 1 million is available. It was 
created in August 1999 … it has no record of sales during 2000. Its ownership 
is in the process of restructuring.”

      As Asia Sentinel has previously reported, document D00087 shows that 
Najib demanded a US$1 billion “condition” for Perimekar Sdn Bhd’s “stay in 
France.” The notes, however, don’t make it clear exactly what that means. The 
information is contained in a note faxed from Francois Dupont, the Asian 
representative of Thales International Asia, to his bosses but the notation in 
the documents presented to the court doesn’t elaborate. Dupont indicated that a 
meeting with Najib on July 14, 2001 would take place with the above mentioned 
“condition” but it was not known if the meeting transpired. 

      Along the way, Jasbir Singh Chahl, one of Razak Baginda’s associates at 
Perimekar, decided he hadn’t been paid enough. In several memos to DCN, Jasbir 
Chahl demanded a full fourth of Perimekar’s total €114.96 million. Despite 
several demands, there is no indication that Chahl has ever been paid. He has 
been subpoenaed as a witness in the case, but after first indicating to French 
lawyers that he would cooperate, he has since said he knows nothing of the 
affair. He is said to be extremely ill and suffering from some form of cancer.

      Other documents made public by Asia Sentinel earlier show that at least 
€36 million flowed from the DCNS subsidiary to Terasasi Hong Kong Ltd., whose 
principal officers are listed as Razak Baginda and his father. Najib was 
defense minister from 1991 through the time when the submarines were delivered 
in 2002. Terasasi only exists as a name on the wall of a Wanchai district 
accounting firm in Hong Kong.

            RELATED DOCUMENTS:


            The French-Malaysian Submarine Scandal: the Documents

            The 133 official documents uploaded onto this website are from the 
Directorate-General of the French National Police and the Judicial Police 
Directorate’s anti-organized and financial crimes unit. They were presented to 
a French anti-corruption court in May and June of 2011. Taken together, they 
present –in French – the clearest picture to date of the two-decade campaign by 
the French state-owned defense manufacturer DCN and its subsidiaries to sell 
Scorpene submarines to the Malaysian Ministry of Defense.

            View the documents here. 
     


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