Suing is not as easy as buying murtabak

PKR's MP for Telok Kemang, Dato Kamarul Baharin and PAS's Spiritual Leader, Dato Haron Din could not believe the transfer of such vast sum of money into a personal account. The Mole's Askiah Adamhave problem comprehending such possibility. So does one TMI reader TMI, Nur Adilah Ramli here.

A significant portion of the public find it too far fetch for Najib to make such amateurish and illegal transaction. As Najib said in his PC yesterday, “If I want to rob also I won’t do it in Malaysia, that is if I wanted to rob the people.” [read MMO here].

Dato Hishamuddin and Dato Shahrizat Jalil cautioned the public against making sweeping conclusion based entirely on unsubstantiated accusations. Yesterday, PGI Chief confirm existence of tampered e-mail [read Rockybru here].

Only Allah knows the ultimate truth but for us mere mortal, the truth lies with the authority. The statement by AG Tan Sri Gani Patail to "semak" [read here] led some to suspect the existence of documentary evidences.

It made the social media, though believe WSJ's allegation as far fetch, generally insistent on Dato Najib to sue WSJ and SR to prove his innocence.

Problem is suing WSJ is not as easy as buying murtabak said Rizal Mansor, one special officer in the PM Dept. in his FB. This morning, the special officer described Najib's predicament as akin to:

It would be more hilarious to use the example curi murtabak from kuih-selling warong. But then, the social media would make fun of his boss. Such is the dilemma of Najib.

Najib said he will be talking to his lawyer to sue [read TMI here]. The Star reported that he will be suing on Tuesday [read here]. But former AG, Tan Sri Abu Talib Osman said forget about suing but just clarify existence of such Bank account [read TMI here]. 

In the Wall Street Journal and Sarawak Report, they alleged that money in the billions were remitted to companies in which it was subsequently transferred into the private account of Najib at Arab Malaysian Bank.

The diagram from SR's Adb-to-Abd amended report as below:

Ihsan Perdana Sdn Bhd have denied making such transfer. Not to mention the company will be subjected to investigation on suspicion of Criminal Breach of Trust for transferring money from a company to a personal account. 

Since WSJ have remained steadfast with their allegations, it leaves Najib with no much choice but to sue.

Anyone with banking experience know that it is not easy for such transaction to occur or be left undetected. There is a monitoring mechanism at Bank Negara. No bank would either accept such transfer or crediting the respective account for such amount without any clearance from BNM. On top of that, there is no way BNM would allow the foreign transaction to sell US dollar and buy ringgit to happen at one go. BNM only allow it be done in staggered amount.

It would be a major systemic breakdown for any Tan or Ah Loh to remit and bank in such amount into Najib's personal account.

Despite all these and Singapore had successfully won several lawsuits against WSJ, banking confidentiality will not make the lawsuit as easy as buying murtabak.

Priot to the GE 13, in 2012, Sabah Chief Minister, Dato Musa Aman was accused of accepting money from an underworld boss Michael Chia. A copy of a fake remittance record showing remittance instruction into the account of Musa's son had gone viral. [read Sabah Ground Zerohere].

The slandering Sarawak Report was right in the thick of action in reporting this false accusation together with comrade-in-arm Malaysiakini. 

Was it Musa planning to sue or to clear himself up with the authorities, there was a legal headache to get cooperation of banks. They are stuck under bank confidentiality law refraining them from making any testimony or declaration.   
  
Made to understand that Najib is considering of suing WSJ and SR locally and abroad.

But, how is he to make a case when BAFIA disallow both Arab Bank and BNM to divulge anything on the accounts except for criminal prosecution?

Without the authorities having made a case out of it yet, Najib's case may get thrown out at case management level. Maybe that is the ulterior reason behind Dato Nazri Aziz's suggestion that Najib not sue [read The Star here].  

As it is, BNM and Arab Bank need to make a denial statement today. Otherwise, Najib will be made mincemeat ingredient for murtabak.

That likelihood looks bleak and the public expectedly will make the easy as buying murtabak assumption that Najib had account with Arab Bank. 

To "sue" or not to "sue", that is the question: 
Whether 'tis Nobler in the mind to suffer 
The Slings and Arrows of outrageous Fortune, 
Or to take Arms against a Sea of troubles,
And by opposing end them: to die, to sleep
No more; and by a sleep, to say we end
The Heart-ache, and the thousand Natural shocks
That Flesh is heir to? 'Tis a consummation
Devoutly to be wished. To die, to sleep,
To sleep, perchance to Dream; aye, there's the rub,
For in that sleep of death, what dreams may come, ....

-Another Brick in the Wall