Wong Choon Mei, Malaysia Chronicle
Amid talk that Malaysian police have warned the press not to make any contact with him, private investigator P Balasubramaniam spent a marathon session debriefing French investigators in Paris on what he knows of Prime Minister Najib Razak's role in the purchase of two high-cost submarines in 2002.
“I was told that editors were warned not to have direct communication with Bala or else they could be arrested,” PKR strategic director Tian Chua told
Malaysia Chronicle.
Indeed, Bala, a former Special Branch detective, may hold key information that could incriminate the Malaysian leader, his wife Rosmah Mansor, their friend Razak Baginda and a murdered Mongolian translator Altantuya Shaariibuu in the French corruption probe.
Bala is the first Malaysian witness to be called to give his statement to Parisian police. Accompanied by his lawyer, Manjit Singh Dhillon, he went for his 2pm (8pm Malaysian time) meeting with them at the Direction Centrale de la Police in Nanterre Prefecture.
However, until 6pm Paris time (12midnight Malaysian time), when most offices have closed for the day, Bala was inside the Direction Centrale giving his statement. All eyes are now on what had transpired during those long hours. His lawyer is expected to issue a press statement later in the day.
“Of course, we are all anxious to know what Bala was asked and what the French police told him. I think most Malaysians are eager for some justice to be done,” Tian said.
Intimidation and suppression
To an extent, the Malaysian premier has himself to blame for the increasing feelings of discontent and distrust amongst the citizenry and within his own Umno party. Pundits say he may have overplayed his hand by slapping on an unofficial blackout and using intimidating tactics to scare off the media and political critics from the episode.
Najib's credibility wore thinner when the Malaysian Anti-Corruption Commission – which answers directly to him – swerved at the 11th hour from a London appointment to record Bala’s statement last week.
“You may have noticed the sharp counter-attacks that Najib, some of the Umno leaders and the police have launched against Pakatan leaders, like Anwar Ibrahim, Tian and Chegu Bard in the past week. They are trying very hard to deflect attention from the case, even to the extent of giving the impression that snap elections are at the doorstep,” PKR vice president Sivarasa Rasiah told
Malaysia Chronicle.
The French investigation comes about following a complaint lodged by Malaysian civil rights group SUARAM. The NGO has said it had no choice but to take its case on behalf of Malaysian taxpayers to France because of Najib's stubborn refusal to initiate any inquiry on allegations that DCNS, the vendor of the Scorpene submarines, had paid Baginda a kickback of 114 million euros or RM570 million for closing the deal.
No longer containable
It is believed that the contract inked between the Malaysian defense ministry and the French firm contained an anti-corruption clause that makes it illegal to pay any commission or form of kickback to secure the deal. This provides the basis for the French probe as DCNS is one of their biggest companies.
On the Malaysian side, Najib was the defense minister at that time and had sanctioned the acquisition. Bala was hired by Baginda in 2006 to stop Altantuya from blackmailing Baginda for her US$500,000 share of the commission.
If there is sufficient evidence, France may prosecute the wrongdoers although it may not have jurisdiction on the Malaysian personalities involved. Nevertheless, SUARAM has urged French prosecutors to make public all their findings so that Malaysian authorities can also take action at home.
The Malaysian government or navy may also sue DCNS for recovery of the commission if the French probe finds that the firm did violate the anti-corruption clause. Whether the Najib administration will allow this to happen is already a 'hot' debate amongst the people, but it is unlikely that Malaysian taxpayers would let him sweep the matter under the carpet any more.
In a statutory declaration made in 2008 (see below), Bala listed down explosive information given to him by Razak during the course of his work. It is believed that this information will form the heart of his testimony to the French team.
Below is the statutory declaration Bala lodged in 2008
STATUTORY DECLARATION
I, Balasubramaniam a/l Perumal a Malaysian Citizen of full age and residing at [deleted] do solemly and sincerely declare as follows :-
1. I have been a police officer with the Royal Malaysian Police Force having jointed as a constable in 1981 attached to the Police Field Force. I was then promoted to the rank of lance Corporal and finally resigned from the Police Force in 1998 when I was with the Special Branch.
2. I have been working as a free lance Private Investigator since I left the Police Force.
3. Sometime in June or July 2006, I was employed by Abdul Razak Baginda for a period of 10 days to look after him at his office at the Bangunan Getah Asli, Jalan Ampang between the hours of 8.00 a.m. to 5.00 p.m each working day as apparently he was experiencing disturbances from a third party.
4. I resigned from this job after 2 ½ days as I was not receiving any proper instructions.
5. I was however re-employed by Abdul Razak Baginda on the 05-10-2006 as he had apparently received a harassing phone call from a Chinese man calling himself ASP Tan who had threatened him to pay his debts. I later found out this gentleman was in fact a private investigator called Ang who was employed by a Mongolian woman called Altantuya Shaaribuu.
6. Abdul Razak Baginda was concerned that a person by the name of Altantuya Shaaribuu, a Mongolian woman, was behind this threat and that she would be arriving in Malaysia very soon to try and contact him.
7. Abdul Razak Baginda informed me that he was concerned by this as he had been advised that Altantuya Shaaribuu had been given some powers by a Mongolian ‘bomoh’ and that he could never look her in the face because of this.
8. When I enquired as to who this Mongolian woman was, Abdul Razak Baginda informed me that she was a friend of his who had been introduced to him by a VIP and who asked him to look after her financially.
9. I advised him to lodge a police report concerning the threatening phone call he had received from the Chinese man known as ASP Tan but he refused to do so as he informed me there were some high profile people involved.
10. Abdul Razak Baginda further told me that Altantuya Shaaribuu was a great liar and good in convincing people. She was supposed to have been very demanding financially and that he had even financed a property for her in Mongolia.
11. Abdul Razak Baginda then let me listen to some voice messages on his handphone asking him to pay what was due otherwise he would be harmed and his daughter harassed.
12. I was therefore supposed to protect his daughter Rowena as well.
13. On the 09.10.2006 I received a phone call from Abdul Razak Baginda at about 9.30 a.m. informing me that Altantuya was in his office and he wanted me there immediately. As I was in the midst of a surveillance, I sent my assistant Suras to Abdul Razak Baginda’s office and I followed a little later. Suras managed to control the situation and had persuaded Altantuya and her two friends to leave the premises. However Altantuya left a note written on some Hotel Malaya note paper, in English, asking Abdul Razak Baginda to call her on her handphone (number given) and wrote down her room number as well.
14. Altantuya had introduced herself to Suras as ‘Aminah’ and had informed Suras she was there to see her boyfriend Abdul Razak Baginda.
15. These 3 Mongolian girls however returned to Abdul Razak Baginda’s office at the Bangunan Getah Asli, Jalan Ampang again, the next day at about 12.00 noon. They did not enter the building but again informed Suras that they wanted to meet Aminah’s boyfriend, Abdul Razak Baginda.
16. On the 11.10.2006, Aminah returned to Abdul Razak Baginda’s office on her own and gave me a note to pass to him, which I did. Abdul Razak Baginda showed me the note which basically asked him to call her urgently.
17. I suggested to Abdul Razak Baginda that perhaps it may be wise to arrange for Aminah to be arrested if she harassed him further, but he declined as he felt she would have to return to Mongolia as soon as her cash ran out.
18. In the meantime I had arranged for Suras to perform surveillance on Hotel Malaya to monitor the movements of these 3 Mongolian girls, but they recognized him. Apparently they become friends with Suras after that and he ended up spending a few nights in their hotel room.
19. When Abdul Razak Baginda discovered Suras was becoming close to Aminah he asked me to pull him out from Hotel Malaya.
20. On the 14.10.2006, Aminah turned up at Abdul Razak Baginda’s house in Damansara Heights when I was not there. Abdul Razak Baginda called me on my handphone to inform me of this so I rushed back to his house. As I arrived, I noticed Aminah outside the front gates shouting “Razak, bastard, come out from the house”. I tried to calm her down but couldn’t so I called the police who arrived in 2 patrol cars. I explained the situation to the police, who took her away to the Brickfields police station.
21. I followed the patrol cars to Brickfields police station in a taxi. I called Abdul Razak Baginda and his lawyer Dirren to lodge a police report but they refused.
22. When I was at the Brickfields police station, Aminah’s own Private Investigator, one Mr. Ang arrived and we had a discussion. I was told to deliver a demand to Abdul Razak Baginda for USD$500,000.00 and 3 tickets to Mongolia, apparently as commission owed to Aminah from a deal in Paris.
23. As Aminah had calmed down at this stage, a policewoman at the Brickfields police station advised me to leave and settle the matter amicably.
24. I duly informed Abdul Razak Baginda of the demands Aminah had made and told him I was disappointed that no one wanted to back me up in lodging a police report. We had a long discussion about the situation when I expressed a desire to pull out of this assignment.
25. During this discussion and in an attempt to persuade me to continue my employment with him, Abdul Razak Baginda informed me that :-
25.1 He had been introduced to Aminah by Datuk Seri Najib Tun Razak at a diamond exhibition in Singapore.
25.2 Datuk Seri Najib Tun Razak informed Abdul Razak Baginda that he had a sexual relationship with Aminah and that [deleted out of respect to the family of the deceased].
25.3 Datuk Seri Najib Tun Razak wanted Abdul Razak Baginda to look after Aminah as he did not want her to harass him since he was now the Deputy Prime Minister.
25.4 Datuk Seri Najib Tun Razak, Abdul Razak Baginda and Aminah had all been together at a dinner in Paris.
25.5 Aminah wanted money from him as she felt she was entitled to a USD$500,000.00 commission on a submarine deal she assisted with in Paris.
26. On the 19.10.2006, I arrived at Abdul Razak Baginda’s house in Damansara Heights to begin my night duty. I had parked my car outside as usual. I saw a yellow proton perdana taxi pass by with 3 ladies inside, one of whom was Aminah. The taxi did a U-turn and stopped in front of the house where these ladies rolled down the window and wished me ‘Happy Deepavali’. The taxi then left.
27. About 20 minutes later the taxi returned with only Aminah in it. She got out of the taxi and walked towards me and started talking to me. I sent an SMS to Abdul Razak Baginda informing him “Aminah was here”. I received an SMS from Razak instructing me “To delay her until my man comes”.
28. Whist I was talking to Aminah, she informed me of the following :-
28.1 That she met Abdul Razak Baginda in Singapore with Datuk Seri Najib Tun Razak.
28.2 That she had also met Abdul Razak Baginda and Datuk Seri Najib Tun Razak at a dinner in Paris.
28.3 That she was promised a sum of USD$500,000.00 as commission for assisting in a Submarine deal in Paris.
28.4 That Abdul Razak Baginda had bought her a house in Mongolia but her brother had refinanced it and she needed money to redeem it.
28.5 That her mother was ill and she needed money to pay for her treatment.
6. That Abdul Razak Baginda had married her in Korea as her mother is Korean whilst her father was a Mongolian/Chinese mix.
28.7 That if I wouldn’t allow her to see Abdul Razak Baginda, would I be able to arrange for her to see Datuk Seri Najib Tun Razak.
29. After talking to Aminah for about 15 minutes, a red proton aeroback arrived with a woman and two men. I now know the woman to be Lance Corporal Rohaniza and the men, Azilah Hadri and Sirul Azahar. They were all in plain clothes. Azilah walked towards me while the other two stayed in the car.
30. Azilah asked me whether the woman was Aminah and I said ‘Yes’. He then walked off and made a few calls on his handphone. After 10 minutes another vehicle, a blue proton saga, driven by a Malay man, passed by slowly. The driver’s window had been wound down and the driver was looking at us.
31. Azilah then informed me they would be taking Aminah away. I informed Aminah they were arresting her. The other two persons then got out of the red proton and exchanged seats so that Lance Corporal Rohaniza and Aminah were in the back while the two men were in the front. They drove off and that is the last I ever saw of Aminah.
32. Abdul Razak Baginda was not at home when all this occurred.
33. After the 19.10.2006, I continued to work for Abdul Razak Baginda at his house in Damansara Heights from 7.00 p.m. to 8.00 a.m. the next morning, as he had been receiving threatening text messages from a woman called ‘Amy’ who was apparently ‘Aminah’s’ cousin in Mongolia.
34. On the night of the 20.10.2006, both of Aminah’s girl friends turned up at Abdul Razak Baginda’s house enquiring where Aminah was. I informed them she had been arrested the night before.
35. A couple of nights later, these two Mongolian girls, Mr. Ang and another Mongolian girl called ‘Amy’ turned up at Abdul Razak Baginda’s house looking for Aminah as they appeared to be convinced she was being held in the house.
36. A commotion began so I called the police who arrived shortly thereafter in a patrol car. Another patrol car arrived a short while later in which was the investigating officer from the Dang Wangi Police Station who was in charge of the missing persons report lodged by one of the Mongolians girls, I believe was Amy.
37. I called Abdul Razak Baginda who was at home to inform him of the events taking place at his front gate. He then called DSP Musa Safri and called me back informing me that Musa Safri would be calling handphone and I was to pass the phone to the Inspector from Dang Wangi Police Station.
38. I then received a call on my handphone from Musa Safri and duly handed the phone to the Dang Wangi Inspector. The conversation lasted 3 – 4 minutes after which he told the girls to disperse and to go to see him the next day.
39. On or about the 24.10.2006, Abdul Razak Baginda instructed me to accompany him to the Brickfields police station as he had been advised to lodge a police report about the harassment he was receiving from these Mongolian girls.
40. Before this, Amy had sent me an SMS informing me she was going to Thailand to lodge a report with the Mongolian consulate there regarding Aminah’s disappearance. Apparently she had sent the same SMS to Abdul Razak Baginda. This is why he told me he had been advised to lodge a police report.
41. Abdul Razak Baginda informed me that DPS Musa Safri had introduced him to one DSP Idris, the head of the Criminal division, Brickfields police station, and that Idris had referred him to ASP Tonny.
42. When Abdul Razak Baginda had lodged his police report at Brickfields police station, in front of ASP Tonny, he was asked to make a statement but he refused as he said he was leaving for overseas. He did however promise to prepare a statement and hand ASP Tonny a thumb drive. I know that this was not done as ASP Tonny told me.
43. However ASP Tonny asked me the next day to provide my statement instead and so I did.
44. I stopped working for Abdul Razak Baginda on the 26.10.2006 as this was the day he left for Hong Kong on his own.
45. In mid November 2006, I received a phone call from ASP Tonny from the IPK Jalan Hang Tuah asking me to see him regarding Aminah’s case. When I arrived there I was immediately arrested under S.506 of the Penal Code for Criminal intimidation.
46. I was then placed in the lock up and remanded for 5 days. On the third day I was released on police bail.
47. At the end of November 2006, the D9 department of the IPK sent a detective to my house to escort me to the IPK Jalan Hang Tuah. When I arrived, I was told I was being arrested under S.302 of the Penal Code for murder. I was put in the lock up and remanded for 7 days.
48. I was transported to Bukit Aman where I was interrogated and questioned about an SMS I had received from Abdul Razak Baginda on the 19.10.2006 which read “delay her until my man arrives”. They had apparently retrieved this message from Abdul Razak Baginda’s handphone.
49. They then proceeded to record my statement from 8.30 a.m. to 6.00 p.m. everyday for 7 consecutive days. I told them all I knew including everything Abdul Razak Baginda and Aminah had told me about their relationships with Datuk Seri Najib Tun Razak but when I came to sign my statement, these details had been left out.
50. I have given evidence in the trial of Azilah, Sirul and Abdul Razak Baginda at the Shah Alam High Court. The prosecutor did not ask me any questions in respect of Aminah’s relationship with Datuk Seri Najib Tun Razak or of the phone call I received from DSP Musa Safri, whom I believe was the ADC for Datuk Seri Najib Razak and/or his wife.
51. On the day Abdul Razak Baginda was arrested, I was with him at his lawyers office at 6.30 a.m. Abdul Razak Baginda informed us that he had sent Datuk Seri Najib Tun Razak an SMS the evening before as he refused to believe he was to be arrested, but had not received a response.
52. Shortly thereafter, at about 7.30 a.m., Abdul Razak Baginda received an SMS from Datuk Seri Najib Tun Razak and showed, this message to both myself and his lawyer. This message read as follows :- “ I am seeing IGP at 11.00 a.m. today …… matter will be solved … be cool”.
53. I have been made to understand that Abdul Razak Baginda was arrested the same morning at his office in the Bangunan Getah Asli, Jalan Ampang.
54. The purpose of this Statutory declaration is to :-
54.1 State my disappointment at the standard of investigations conducted by the authorities into the circumstances surrounding the murder of Altantuya Shaaribuu.
54.2 Bring to the notice of the relevant authorities the strong possibility that there are individuals other than the 3 accused who must have played a role in the murder of Altantuya Shaaribuu.
54.3 Persuade the relevant authorities to reopen their investigations into this case immediately so that any fresh evidence may be presented to the Court prior to submissions at the end of the prosecutions case.
54.4 Emphasize the fact that having been a member of the Royal Malaysian Police Force for 17 years I am absolutely certain no police officer would shoot someone in the head and blow up their body without receiving specific instructions from their superiors first.
54.5. Express my concern that should the defence not be called in the said murder trial, the accused, Azilah and Sirul will not have to swear on oath and testify as to the instructions they received and from whom they were given.
55. And I make this solemn declaration conscientiously believing the same be true and by virtue of the provisions of the Statutory Declaration Act 1960.
SUBCRIBED and solemnly )
declared by the abovenamed )
Balasubramaniam a/l Perumal ]
this day of 2008 )
Before me,
………………………………….
Commissioner for Oath
Kuala Lumpur
By Hilary Chiew - Free Malaysia Today,
The contempt towards the Penans goes back a long way; since the advent of industrial logging in Sarawak from the 1970s. Known for erecting blockade to stop trucks from ferrying felled timber in what they claimed as their ancestral forests, the underdog image of Penans eventually caught the eye and sympathy of Western rainforests campaigners.
By Teoh El Sen - Free Malaysia Today
