Malaysia refuses to initiate Scorpenes probe despite treason findings

Malaysia's minister for defense Zahid Hamidi is the latest to join the "BN denial mode" bandwagon, refusing to initiate a probe into allegations that there had been sales of naval secrets to French arms maker DCNS in connection to Prime Minister Najib Razak's controversial purchase of 2 Scorpene submarines.

"There is no proof to show such a thing happened. I give my assurance that we will investigate thoroughly if there is proof because this involves national security," Zahid was reported as saying by the government-controlled Berita Harian newspaper.

However, few Malaysians are likely to feel reassured by the latest denial from Najib's BN government. In fact, it had been the BN's refusal to carry out a public inquiry on allegations that Najib and his Umno party had taken illicit kickbacks of at least 114 million euros or RM570mil that pushed the country's largest NGO, SUARAM, to file a complaint with the French authorities.

Proof vs investigation: Stop trying to confuse the people - Zahid told

Under French law, it is illegal for anyone to offer kickbacks or commissions to secure a deal as this is considered inducement or corruption. Hence the complaint against DCNS for 'bribing' Malaysian officials including Najib who was the then defense minister directly sanctioning the 2002 acquisition.

If found guilty, DCNS may have to compensate the Malaysian people. Such an outcome would also make it impossible for the BN government to continue shielding Najib, his proxies and other officials involved from corruption charges.

The French court began hearing SUARAM's complaint in April. Last week, SUARAM's French lawyers held a press conference in Bangkok whereby they revealed that documents seized by the French police had shown Razak Baginda, a former military lecturer and close friend of Najib's, had sold a 'top secret' naval report to DCNS.

This prompted the Malaysian opposition to demand immediate action from the armed forces, the police and the Malaysian Anti Corruption Commission. So far, there has been nothing but deafening silence, with top navy officials refusing to even comment.

"Zahid's denial is to be expected as he is a member of Najib's Cabinet. But it is not acceptable. Once there is proof, the culprits should already be charged immediately. This is why we need an investigation. Zahid should not take Malaysians for fools. Failure by Malaysian officials to act on this matter is as deplorable as the act of treason itself," PKR MP for Batu Tian Chua told Malaysia Chronicle.

Treason by any name EXCEPT in Malaysia?

Meanwhile, Baginda is being sought as a witness in the French trial. SUARAM lawyers are also combing through the mountain of documents seized by the French financial police and once the direct link between Najib and the DCNS illicit payment is located, the Malaysian PM will also be subpoenaed.

"It was a secret document by the Malaysian Navy, an evaluation for the order of the submarines, which is a highly confidential report,” SUARAM's French lawyer Joseph Breham told the press conference in Bangkok.

“It’s treason because you are selling a competitor or a foreign country what you think about a specific weapon, and your plan on how to use this specific weapon. In France, if you release them, you can be punished up to 10 years’ jail."

July 5 date with the killers of Altantuya

Attention is also swinging to an Appeals Court hearing slated for next month on July 5, whereby Najib's former bodyguard Azilah Hadri is due to file additional grounds in his appeal against a death sentence for the murder of a Mongolian national Altantuya Shaariibuu.

The 28-year-old Altantuya was reportedly lovers with both Najib and Baginda. She was killed in Malaysia in 2006 and despite the Malaysian courts refusing to pinpoint a motive for her murder, most people following the case believe it was because she had information relating to the shady Scorpenes acquisition.

Azilah, a Chief Inspector with the Malaysian police force, and Corporal Sirul Azhar were sentenced to hang in 2009 for killing her in a jungle clearing and then bombing her body with military-grade C4 explosives to prevent identification. Both cops were former bodyguards to Najib and his wife Rosmah Mansor. Their appeal is due to be heard on August 27 and 28.

Baginda who was also charged for abetting the murder was controversially acquitted, prompting public outcry about a massive government and judicial cover-up.

Criminal implications for Najib?

Altantuya's father, Setev Shariibuu, has been chasing the Najib administration to stop delaying the court process as her ashes will have to remain in Malaysia as evidence until the entire judicial process is over. Hence, last rites cannot be carried out for the beautiful mother of two in her homeland.

Setev is likely to return to Malaysia for the appeal hearing. He has made it clear that it was Najib that his daughter had come to Malaysia to see in 2006, and not just Baginda. So far, the court has ignored his statements, while Najib has insisted he has never met Altantuya. Setev's testimony - if allowed by the Malaysian authorities - will have serious implications for Najib, both politically as well as criminally.

“I asked her what was her purpose of traveling to Malaysia. She showed me a picture taken in Paris. Three people were in it — Abdul Razak Baginda, Najib, and Altantuya. She said ‘I have to meet important people’, and pointed to Najib,” Setev told a recent press conference.

“She told me she had something to decide with Najib. I told her it was not worth it but she went anyway. A lot of witnesses have seen this picture I was not the only one who saw it So did Burmaa Oyunchimeg, who was a witness and told the court about the matter during the murder trial in 2007.”