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Wednesday, August 24, 2022

NAJIB'S FINAL APPEALS - GROUNDS OF JUDGMENT, Attack On Judge Nazlan Backfires, Federal Court Destroys All Delay Tactic*

 

 Najib Razak - Sad Shocked

*Prisoner-in-Waiting Najib In Deep Shit – Attack On Judge Nazlan Backfires, Federal Court Destroys All Delay Tactic*

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Malaysia’s Judicial system will be a laughing stock if former Prime Minister Najib Razak is acquitted in his final appeal in the Federal Court for corruption

Therefore, it was an absolutely correct decision when the Federal Court threw away Najib’s request to introduce fresh evidence today. It was a delay tactic deployed by his multi-million-dollar top legal team to keep him out of prison – till after the 15th General Election. The strategy is to intimidate – even change the judges – once Najib’s corrupted political party wins the polls.
 
High Court Judge Nazlan Mohd Ghazali Nazlan
To make the false accusation more dramatic, Najib paid disgraced blogger-turn-fugitive Raja Petra Kamarudin to smear the reputation of Nazlan with claims that the judge was corrupted and had received RM1 million from 1MDB. Nazlan lodged a police report in April. Stunningly, Najib withdrew his bribery allegations in early August, just a week before today’s final appeal.

*Showing her disgust over the relentless attacks on the judiciary by corrupt politicians, Tengku Maimun Tuan Mat – the first woman Chief Justice – warned in April that baseless accusations against judges had gone overboard. Defending Judge Nazlan, Chief Justice Maimun made it clear that outside meddling would never be entertained under her leadership.*

*It was a warning very few took seriously, included the arrogant defence team of Najib.* Today (Aug 16), the country’s first woman chief justice flexed her muscle and showed the former premier that she refused to be bullied and intimidated. She used Najib’s appeal as an example to demonstrate how cases are decided based on evidence – not half-baked hearsay – in court
 
Tengku Maimun Tuan Mat – First Woman Chief JusticeChief Justice Maimun
Leading a five-member bench, Chief Justice Maimun said Najib had failed to show the relevance of the dubious new evidence against his corruption charges. She said – “It is not as if Justice Nazlan’s previous role (as Maybank general counsel) was a secret that his subsequent involvement came as a surprise”. *It was a slap in the face of both Najib and the entire defence team.*

*_It was both flabbergasting and hilarious to see Najib’s new defence team led by Hisyam Teh Poh Teik stoop so low in scrapping the bottom of the barrel, bulldozing Nazlan’s non-relevance career in Maybank just to get a retrial for the crook. Chief Justice Maimun lectured the defence that the application to adduce additional evidence did not fulfil the requirements of the law_*

Tengku Maimun said *“there is no miscarriage of justice”*. To rub salt into Najib’s wound, the decision by the Federal Court, the highest court and the final appellate court in the country, is unanimous

Even if Nazlan has shown elements of bias or conflict, which he did not, would not the three-member Court of Appeal have acquitted Najib on December 8, 2021? Instead, not only *the Court of Appeal upheld Najib Razak’s conviction, delivering a stunning blow to the crook’s plan for a political comeback, the court has also called the 1MDB scandal a “national embarrassment"*
 
Court of Appeal - Judge Abdul Karim, Has Zanah, Vazeer Alam
The most ridiculous lie – Arab donation – was rubbished by the Court of Appeal altogether. Judge Abdul Karim said the donation from the King of Saudi Arabia was “a concoction” due to the defence’s failure to provide evidence to confirm that the RM42 million was indeed originated from the Saudi royal family. Because the authenticity of Arab letters cannot be established, the donation remained hearsay and inadmissible.

The U.S. DOJ investigation results say that over US$4.5 billion was misappropriated from the 1MDB fund, with some of the money used to finance Hollywood films, and buy hotels, private jet, luxury Equanimity superyacht, Picasso paintings, jewellery and real estate. Najib has claimed RM2.6 billion found in his private bank was “donation” from Saudi Arabia royal family, a claim that could not be proven

Last year, *Najib’s lawyers insulted the Court of Appeal’s intelligence with donation tales, which all the three judges laughed off as hearsay.* Today, *_Najib’s new lawyers tried again to insult the intelligence of five judges of the Federal Court with yet another round of hearsay that High Court Judge Nazlan was corrupted._* When that failed, the defence asked for a three to four month postponement.
 
Malaysia Palace of Justice
Najib’s new defence attorneys, included the legendary Zaid Ibrahim, thought the Kangaroo Court would buy the cheap excuse that they were not prepared. Unfortunately for Najib, after having observed how the notorious former PM wasted four years of court resources with unnecessary delays, Chief Justice Maimun rejected the request to postpone the hearing.
 
Mocking Najib’s decision to change counsel at the last minute, Maimun said the ex-premier was well aware of the hearing dates – “It is the appellant’s right to discharge his former solicitors and appoint new ones. This is his right to do so, but he cannot, after having made that decision, turn around and say that his new lawyers are not ready to proceed with the hearing of the appeals”.

Disgraced Najib thought he was too cunning for the Federal Court to handle, only to be played like a fiddle by the cleverer Chief Justice Maimun. As a consolation, she gave one day for the defence team to prepare, ordering the appeal hearing to begin on Thursday (Aug 18). She pointed that the dates have been fixed as far back as April, some four months ago.
 
1MDB - Jho Low and Najib Razak
Lecturing Zaid Ibrahim Suflan TH Liew & Partners, who in turn appointed Hisyam Teh Poh Teik as lead counsel, Tengku Maimun eliberately invoked Rule 6(a) of the Legal Profession (Practice and Etiquette) Rules 1978 which stipulated that an advocate and solicitor must not accept a brief he is reasonably certain of not being able to appear and represent the client on the required day.

With tail between legs, Mr Najib cried, whined and bitched at the court lobby that he was “shocked and bitterly disappointed” with the Federal Court’s decisions. Other judges on the bench are Chief Judge of Sabah and Sarawak Justice Abang Iskandar and Federal Court judges – Nallini Pathmanathan, Mary Lim Thiam Suan and Mohamad Zabidin Mohd Diah

For almost four years, the defence has used various creative and innovative excuses to delay the trials, ranging from lead counsel Shafee’s dubious claim of being bitten by his pet dog to Najib’s swollen eyes due to allergic reaction. Najib, who served as the 6th Prime Minister of Malaysia (2009 to 2018), should have seen what’s coming months ago.
 
*_With Tengku Maimun in charge, it appears Prisoner-in-Waiting Najib Razak is almost game over._*
 
 Najib Razak in Prison - JailNajib Razak in Prison - Jail
 

In April, Goldman Sach’s banker Roger Ng was found guilty by a New York jury, leaving him to face up to 30 years in prison. The U.S. court, which took only eight weeks to deliver the verdict, has certainly piled pressure on the Malaysian judicial system, which needed almost 2 years to convict Najib in the trial of SRC International (a subsidiary of 1MDB).

 

Worse, the trial of Roger Ng has directly implicated Najib Razak, his stepson Riza Aziz and partner-in-crime Jho Low. In the trial, the FBI (Federal Bureau of Investigation) has testified in the U.S. court that not only Jho Low had stolen US$1.42 billion (RM6 billion), Najib Razak similarly stole US$756 million (RM3.2 billion) while his stepson, Riza Aziz, pocketed US$238 million (RM1 billion).

1MDB Scandal - How Najib Becomes A Billionaire and Fund His Wife’s Diamonds

The U.S. Jurors were also shown how 1MDB money was stolen to fund a US$23 million pink diamond necklace for Najib’s wife, Rosmah Mansor. On July 21, the High Court rejected an application by Queen’s Counsel Jonathan Laidlaw to represent Najib in the final appeal, arguing that there are sufficient local attorneys who are more than capable of handling the former PM’s case.

 

It didn’t help that former Attorney General Apandi Ali, who was appointed by Najib to clear him of all wrongdoings, has admitted on July 16 that he was involved in brokering a deal between fugitive Jho Low and the Malaysian government as early as May this year. Exactly how could the Federal Court free Najib with overwhelming evidence stacked against him?

 

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Malaysia’s top court upholds ex-PM Najib Razak’s conviction and 12-year jail sentence in graft case

 

Former Malaysian Prime Minister Najib Razak, center, speaks to supporters outside at Court of Appeal in Putrajaya, Malaysia Tuesday, Aug. 23, 2022. Photo: VC

Najib sent to Kajang Prison to serve his 12-year jail term

 

 Former prime minister Datuk Seri Najib Razak has begun to serve his 12-year jail term at the Kajang Prison in Selangor after losing his final appeal in the Federal Court in his graft case involving RM42mil from SRC International Sdn Bhd’s funds. Read more at https://bit.ly/3KlGCte

Scramble ensues at Sungai Buloh as Najib being sent to ...



Malaysia’s ex-PM Najib loses final appeal

Top court upholds former leader’s 12-year jail sentence in 1MDB scandal

 

Malaysia's highest court on Tuesday upheld former prime minister Najib Razak's 12-year jail sentence for corruption in the 1MDB financial scandal, a decision analysts said could slam the door to a political comeback.

Chief Justice Maimun Tuan Mat also issued a warrant of committal, which a lawyer said means Najib is going immediately to jail.

The 69-year-old former prime minister looked somber and dejected, surrounded by his wife Rosmah and two children as the verdict was read.

"We find the appeal devoid of any merits. We find the conviction and sentence to be safe," Maimun said on behalf of a five-judge panel of the Federal Court.

"It is our unanimous view that the evidence led during the trial points overwhelmingly to guilt on all seven charges."

Maimun said that "it would have been a travesty of justice of the highest order if any reasonable tribunal, faced with such evidence staring it in the face, were to find that the appellant is not guilty of the seven ­charges preferred against him."

Sankara Nair, a lawyer who is not involved in the case, told AFP that "with the court issuing a warrant of committal, Najib will be sent to prison immediately."

The Federal Court decision was handed down after the tribunal threw out a last-minute move by Najib's lawyers to recuse the chief justice from hearing the case, alleging bias on her part.

The final ruling on the jail sentence also came four years after his long-ruling party's shock election defeat in 2018, during which allegations he and his friends embezzled billions of dollars from state fund 1MDB were key campaign issues.

A lower court in July 2020 found Najib guilty of abuse of power, money laundering and criminal breach of trust over the transfer of 42 million ringgit ($10.1 million) from SRC International, a former unit of state fund 1MDB, to his personal bank account.

An appellate court in December 2021 denied his appeal, prompting him to go to the ­Federal Court for a final recourse.

Some analysts said the decision will likely derail any plans by Najib for a political comeback.

"If Najib is found guilty, he will be barred from standing in the next election. Obviously, his political career is gone," James Chin, a professor of Asian studies at the University of Tasmania, told AFP before the verdict was announced.

"Under Malaysian law, Najib cannot stand for this election and the next election," he said, referring to speculation that polls may be held in 2022.

Elections are not due until September 2023.

Najib and his ruling party were voted out in 2018 following allegations of their ­involvement in a multibillion dollar financial scandal at 1MDB.

He and his associates were accused of stealing billions of dollars from the country's investment vehicle and spending it on everything from high-end real estate to pricey art.

Despite the lower court sentence, Najib had not been sent to prison while the appeals process played out. 

 

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Tuesday, August 23, 2022

Forces face farce, the controversy surrounding the purchase of six littoral combat ships (LCS)

 

Under construction: One of the controversial littoral combat ships at the Boustead Naval Shipyard in Lumut.

 

THE current controversy surrounding the purchase of six littoral combat ships (LCS), which is burning RM11bil of taxpayers’ hard-earned money, isn’t the first discrepancy and alleged corruption, incompetence and mismanagement involving the Defence Ministry (Mindef).

In the name of national interest, details relating to procurement are often shrouded in secrecy, with information branded classified.

Last week, the government announced that it plans to set up a Royal Commission of Inquiry to investigate the LCS issue, which has now been presented to the Cabinet.

It’s certainly a good follow-up to the detailed findings by the Public Accounts Committee (PAC) and the de-classification of a report which highlighted the poor financial management and cash flow issues ailing Boustead Naval Shipyard (BNS), the company embroiled in the LCS fiasco.

Hopefully, the setting up of the RCI will expose Mindef’s shortcomings and reveal it to the public while establishing a proper procurement process.

The RCI shouldn’t be another panel with a glorified name which delays its deliberation and has its report collecting dust at the end of it.

The Malaysian Anti-Corruption Commission (MACC) has already stepped in, and Malaysians want to see the case expedited with the Attorney General hauling up the culprits responsible for the inflated costs.

This could include powerful political personalities who directed those implicated in the PAC report.

The sad reality is that the LCS issue is yet another shameful blot on Mindef’s long and never-ending series of scandals over the last 40 years.

Before we pore over its “chequered” history of the past decades, fresh in my mind is the 2019 news reports of the non-delivery of six helicopters worth RM300mil that were ordered in 2015.

Bernama had reported that a Mindef representative filed a complaint at MACC, saying the McDonnell Douglas MD530G lightweight combat helicopters were to be handed to Malaysia in 2017 and 2018.

It reported, quoting sources, that approval for the November 2015 purchase of the helicopters was not done according to procedures, with the government’s interests not properly protected.

The source told Bernama that the Malaysian government had paid up RM112.65mil for the acquisition, or 35% of the total cost.

We haven’t heard from MACC since 2019, when it said it was investigating 14 controversial land swap deals involving Mindef.

The list of dodgy procurement deals is long. It includes the 1981 purchase of 26 units of the British Alvis Scorpion tanks.

According to Consumer Association of Penang president, Mohideen Abdul Kader, the tank’s recommended Rolls-Royce gasoline engines were replaced with slower diesel ones, and the guns with heavier ones.

He said the modifications made the tanks heavier and slower, a sitting duck in any military encounter, and eventually in 2018, they were scrapped.

“The 186 SIBMAS armoured personnel carriers purchased by Malaysia in 1983 were found to lack combat effectiveness.

“Malaysia bought 18 Russian Sukhoi Su-30MKM Air Superiority Fighters, taking delivery of three in 2007 and the rest in 2009.

He said the deal, worth RM3.2bil, was made through a Russian state company whose local agent was paid 12% of the purchase price, amounting to RM380mil.

Mohideen said by 2018, most of them had become unserviceable, with only four of the 18 fighter jets still able to fly. The rest were under repair and the ministry eventually fired the contractor, apparently for failing to maintain the jets in airworthy condition.

“In 2002, the ministry negotiated through a Kuala Lumpur-based local company Perimekar Sdn Bhd to buy two Scorpene submarines and a used Agosta submarine produced by the French government at the price of RM4.5bil.”

Mohideen said a whopping commission of RM510mil was paid, 11% of the purchase price of the submarines.

He also claimed that in 2004, the PSC-Naval Dockyard was contracted to deliver six patrol boats to the Malaysian Navy, but only two were delivered in 2006, neither of which were fully operational.

He said by 2007, the original cost of RM5.35bil ballooned to RM6.7bil, a 26% increase.

Mohideen said the auditor general reported that the ministry had paid RM4.26bil, although only RM2.87bil worth of work had been completed, implying an overpayment of 48%. He said the Cabinet also waived late penalties of RM214mil.

A comprehensive list can’t be contained within this space because, sadly, it’s never-ending.

To take consolation, similar malpractices are reported all over the world.

Dr Zia Ul Haque Shamsi’s report on July 19, 2021, described India as having the most corruption scandals when it comes to buying arms and equipment.

He said India was plagued with scandals of military transactions despite stringent and painstaking bureaucratic processes for the approvals of defence procurements.

It will only be a matter of time before similar specialist writers on defence use Malaysia as a case study, especially when our approval process can hardly be described as rigorous.

As lawyer Mohideen rightly said, “the incestuous relationship between politically connected local agents of foreign arms manufacturers and the ministry must be ended.”

Enough is enough. It’s time we clean up our act and stop the country being looted through Mindef.

This entry was posted in On the Beat on August 21, 2022 by wcw. 

http://wongchunwai.com/2022/08/forces-face-farce/

 Wong  Chun Wai

Wong Chun Wai

Wong Chun Wai began his career as a journalist in Penang, and has served The Star for over 35 years in various capacities and roles. He is now group editorial and corporate affairs adviser to the group, after having served as group managing director/chief executive officer. On The Beat made its debut on Feb 23 1997 and Chun Wai has penned the column weekly without a break, except for the occasional press holiday when the paper was not published. In May 2011, a compilation of selected articles of On The Beat was published as a book and launched in conjunction with his 50th birthday. Chun Wai also comments on current issues in The Star.

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More youths having Sex, Why and how?

A survey finds that the number of young adult Malaysians having sex has doubled since 2016, but their knowledge is shockingly lacking.

 


MALAYSIAN youth are a curious bunch, but they are still pretty ignorant when it comes to many sexual health matters.

Despite a twofold increase in youth engaging in sexual intercourse over the past six years (from 18.8% to 35.4%), a third do not know a woman can get pregnant the first time she has sex or during her period, and over one in five (22%) believe that mosquitoes can transmit sexually-transmitted infections (STIS)!

As a generation that is online most of the time and is exposed to much sexual content in pop culture, it’s not really surprising that 60% learnt about sex from online articles or watching movies and videos, while 62% had sex for the first time at the age of 22 or younger.

These were some of the findings of the second nationwide Sexual Health and Intimate Wellness Survey 2022 conducted by Durex Malaysia.

The online survey carried out from April to May involved 1,089 Malaysians between the ages of 18 and 30.

The first such survey was done in 2016 and the latest results continue to astound experts.

For example, 23% of the respondents think HIV (human immunodeficiency virus) can be transmitted through a toilet seat, which is an increase from 10% in 2016.

And even though 40% of youths felt pressured to have sex, almost half (42%) did not use a condom or other forms of birth control, which led to one out of 20 women experiencing an unwanted pregnancy.

Space to learn needed 

 

Growing peer pressure to have premarital sex plays a major role in sexual and reproductive health-related decision-making among youths.

Since sexuality education is still considered a sensitive topic here, our youths are struggling to find a space to talk openly and find the right answers.

“When our parents asked our grandparents about sex, they didn’t know how to answer, and similarly, our parents don’t know how to answer their kids.

“So, how can they have conversations about sex when they themselves are unsure about many things?” asks counsellor and sex therapist Chan Fun Shin.

He adds that most youth are embarrassed or uncomfortable saying the words vagina or penis.

“Role-play with your friend by saying those words to start a conversation about sex.

“Eventually, you will get more relaxed and more exposed to what safe sex is,” he advises.

Adds Soroptimist International Club of Petaling Jaya’s SPOT (Soroptimist Puberty Organising Toolkit) Community Project founder Siti Aishah Hassan Hasri: “We suffer a lot of communication ‘fuzziness’ in Malaysia.

“We don’t even want to say the word penis; instead we say ‘pipi saya gatal’ and people who receive the information might think you are referring to your cheek!”

One result of this lack of proper communication about sex from trusted authorities is that many people turn to alternate sources of information about the topic.

As mentioned earlier, 60% of Malaysian youth turn to online articles, movies and videos to today’s younger generation don’t accept “yes” or “no” answers; they want to know why and how, especially when it comes to the birds and the bees. — tns learn about sex.

Nearly half (48%) turn to pornography.

Even more concerning is that one in three believe that the sex shown in pornography is normal.

“Although pornography tends to be viewed in a bad light, I think it plays a significant role in educating the youth concerning sex,” says engineering student Sharvendran Selvan, 22.

He adds though that: “It is a no-brainer that the sexual activity shown in pornography is beyond normal human capability and far from the reality.

“However, it is in our youths’ hands whether they take it positively as a mere source of knowledge, or negatively by implementing everything that they have seen.”

On the other hand, linguistics student Priya*, 23, opines: “Pornography is not the right place to learn about sex as they practice unprotected and unhygienic sex, and could potentially be a bad influence on youths.”

Allowing questions

Siti Aishah shares that: “When we speak with young people, we have to train our peer advocates so that they can speak in the same language and the same mannerisms or acronyms.

“Our main goal is to remove the hypersexualisation from the word sex and everything that comes under it.”

Established in 2015, SPOT uses carefully-designed modules to equip girls of all ages with the confidence and resilience to make informed decisions regarding their well-being.

“I have 13- and 14-year-olds asking me about sending nude pictures or if size matters in bed.

“It’s not because they want to have sex, but because they are curious.

“We want to be able to talk about gender and sex very openly and respectfully.

“Our business is providing safe spaces for young people to have conversations surrounding sex and sexuality,” she says.

Linguistics student Arung*, 22, believes that youth are very conscious of our judgemental society, as well as overall public opinion. She says: “In a country like Malaysia, where sex-related topics are still considered taboo in many places, it is hard not to be judged by the public and this is what prevents youths from seeking help.”

She thinks that sex-related concerns among youth should be addressed via proper sex education in schools, as well as via social media.

“The government should provide a proper platform for the youth where they can learn accurate information, especially as taboos about sex mean this topic is not addressed enough among our people.”

She adds: “It is a well-known fact that youths are constantly on social media such as Tiktok and Instagram.

“Thus, addressing and normalising topics related to sex on such platforms would be efficient and effective.”

Language student Wong*, 22, agrees, suggesting a platform on social media that is easily accessible and where youth can anonymously post questions.

“As youth nowadays are very timid, regularly organising an anonymous Q&A (question and answer) session with professionals would help in clearing their doubts,” she says.

To form a strong, long-lasting bond, intimacy is a key ingredient – it’s what human beings crave in order to create a safe, loving and happy relationship. 

Why and how ?

Siti Aishah says: “We are all born as sensual creatures and have emotional, physical, mental and physiological needs that have to be fulfilled in order for us to grow. 

 
Discussing the survey results, as well as issues pertaining sexual health, during the events were (from left), Chan, Tengku Aira, Siti Aishah, Gan and Arwin - REVATHI MURUGAPPAN/The Star


Over one in five youths falsely believe that HIV can be transmitted through a toilet seat. — 123rf.com

“Our young people must understand that it is OK to be sensual, but they must know what is safe and unsafe.

“When people share their experiences, there are always a lot of questions, so these conversations must begin.

“We are working together with other groups to encourage a positive attitude towards sexual and reproductive health, as well as personal and social development.”

She says sexuality education in a culturally- and developmentally-appropriate manner is key to equipping young people with the knowledge to prevent STIS, sexual-related issues and unplanned pregnancies.

A different generation

According to content creator and social activist Arwin Kumar, the youth of today want answers to everything.

“In the past, saying yes and no works, youth listened, but the current generation does not want to listen to a yes or no, they want to listen to why and how.

“Our responsibility should be more than putting a full stop to the topic, but to expand our understanding to help young people make their own decisions.

“We live in a stubborn generation that wants to be independent.

“They hear a lot, but they don’t necessarily listen.

“It is a challenge to deal with them, so we have to try different strategies.”

Indeed, we need a holistic approach in educating our young people.

“On every level, sexual health education is a shared effort – from government agencies, ngos, corporations, down to individuals.

“We want our youths to have a positive view of their bodies and sexuality, and to break the taboo factor when it comes to sexual health,” says United nations Population Fund (UNFPA), Malaysia, programme analyst Tengku Aira Tengku Razif.

After the first survey, which revealed our youth had many sexual misconceptions and wrong perceptions, Durex partnered up with the Women’s Aid Organisation (WAO) and the Federation of Reproductive Health Associations, Malaysia (FRHAM), to reach out to hundreds of young people to correct their false perceptions.

Obviously, it wasn’t enough. “We decided it was timely to conduct another survey, and again, we’ve gotten a few key insights – although we were quite shocked so many were engaging in sex!

“But then again, they all have to go through the phase all adults have gone through.

“The key phrase is learning how to respect themselves,” comments Durex Malaysia marketing manager Jerome Gan.

Based on the insights gained through the 2022 survey, Durex launched the #COMETOGETHER campaign last week.

It is aimed at having more open conversations surrounding the taboo topic of sex.

The company hopes to help Malaysian youths reduce the gaps in their sexual knowledge, equip them with accurate information and guide them to making better and more informed decisions around their sexual activities. *not their real names 

You can say no

ALTHOUGH 60% of Malaysian youths perceive sex to be pleasurable, two out of five continue to have sex despite it not being pleasurable, according to the 2022 Sexual Health and Intimate Wellness Survey.And one in four found their first sexual

 
 
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