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Tuesday, December 29, 2015

Regarding The "MACC's Investigation Papers", Utusan's Untung Besar And Such

outsyed
In April 2015, Utusan bought a 20% stake in a company called Maqamad for RM100,000. Last week Utusan announced that they are selling that same 20% stake in Maqamad for RM48 million!!!! 
OutSyed the Box

Former AG Tan Sri Abu Talib said MACC cannot express its views on the investigations on the PM.  MACC's role is only to investigate and pass the investigation papers to the 'mai dari entah manaAG for his decision whether to prosecute the case or not.

Shall we run a poll and ask the people what  they think about the AG?

The very fact that the MACC will hand over the investigation papers to the AG immediately implies that the MACC feels there is a case for prosecution.  

Its like this folks, if there is no case or if the MACC has not found anything worth prosecuting, then the MACC WILL NOT HAND OVER ANY INVESTIGATION PAPERS to the AG.   The MACC will just close the file.  Period.

There is no such thing as the MACC submitting an investigation paper to the AG with the recommendation "Insufficient Evidence" or "No Further Action" or "Case Closed". It does not work that way.

The moment an investigation file is opened, investigations are completed and the MACC hands the file over to the AG, then their recommendation will be to pursue the case in court. 

ONLY then is it up to the AG to decide whether to prosecute  the case or not. Yes the AG has the final say whether to charge the person in Court or to declare an NFA (No further action).

Our Federal Constitution envisages that the Attorney General will always be a man or woman of unquestionable integrity.  A fearless person who is honest and will uphold the Constitution (please stop laughing - this is a serious matter). 

Unfortunately, thus far, the public does not seem to perceive the 'mai dari entah mana' AG as fitting this shoe size.

The brand new AG has been revived and brought to life again at the age of 65 when most retirees begin to forget the details of their past careers. 

The new AG was brought in after the incumbent Tan Sri Ghani Patail was unceremoniously removed  under the most suspicious circumstances and without following normal procedures. The smoke screen thought up in July was that Ghani Patail was too sick to perform his duties. Well they forgot to ask Ghani Patail about how sick he was because Ghani is still walking, talking and doing all the usual things. 

Since his appointment, the new AG has omitted and committed many things, almost all of which appear more and more strange to the Malaysian public.

1.  Just like MACC will submit their investigation papers to the new AG soon, Bank Negara Malaysia also submitted their investigation papers to the new AG with a very strong andmade-known-to-the-public recommendation that the AG should prosecute 1MDB for certain crimes.  The AG acted quite predictably. The Governor of BNM made appeals that the case be prosecuted and yet the answer was the same. 

2. The new AG then held an unprecedented Press 'conference' where he read a prepared statement (he did not say prepared by whom) then promptly left the room without taking any questions from the Press whom he had summoned.

3. The new AG also did not prosecute the Ali Tinju fellow. He said that the video evidence was insufficient. The AG should explain to the public how cases were prosecuted before the invention of video? Especially a case where multiple witnesses were present.

3.  The AG did charge Khairudin and his lawyer under the SOSMA for lodging police reports against 1MDB. 

Here the new AG again bungled because there is a proviso under the Penal Code to deal with the crime of making of "false Police Reports".  Perhaps to avoid exactly that, Khairudin employed the services of a lawyer to make sure his Police report was not a false report.  But Khairudin's lawyer was also arrested and charged !!

Strangely (this is where the new AG bungled)  Khairudin and his lawyer were never charged with making a false Police report. Instead the new AG charged them with 'economic sabotage' under SOSMA.  Then the Court threw out their 28 day remand  and Khairudin and his lawyer have been freed.

4. The new AG then withdrew the case against that NFC fellow (the husband of the Wanita leader who has pledged her support to the PM) while his trial was already being conducted in Court. The AG withdrew the case based on a letter written to him by the defense counsel. 

5. Back to the 1MDB matter, the new AG did say that he had advised the PM to give a statement to the MACC.  Then he said that he also told the MACC to "complete their investigations by December 2015". Isnt this considered interfering with the investigations? Isnt it an offence to interfere with an official investigation? The MACC is an independent body.  If the AG gave instructions to the MACC to wrap up their investigations by December 2015, the public will question if he also gave the MACC other instructions?  Why December? Christmas holidays?

6.  Why didnt the new AG advise the PM to go on leave pending the outcome of the investigations?  Surely justice must not only be done but it must be seen to be done as well. So as the Legal Advisor to the government, why didnt the new AG tell the PM who is under investigations to go on leave? 

Looking at all these strange ommissions and commissions in such a short space of time (in just about three months) by this brand new, crawled-out-of-the-darkness AG,  it is no surprise then that the public has little faith in him. Period. 

7. Many Malaysians have already formed an opinion about what the new AG will decide when the MACC submits the results of their investigations to him.  He was a former defeated UMNO candidate in the elections. Most certainly the PM did not choose him to be AG because of his advanced age or his non-projection of a s*nil* appearance.  

Moving on and away from the AG, the PM's other brown nosers say that the PM should be forgiven as past PM's too had made mistakes. 

Well obviously if they are going to destroy the difference between right and wrong, between corruption and justice they have to go all the way. There is a huge difference between making a mistake and committing a crime. 

When people make mistakes no criminal investigations are made by Bank Negara Malaysia, the MACC or the Police.  The Police, Bank Negara and the MACC do not investigate 'mistakes'.  They only investigate crimes.

A mistake becomes a mistake when the outcome of an action is different from what was intended and despite the efforts that were put in. Obviously a mistake happens when there was insufficient knowledge of the risks involved that will cause disaster. You planted oil palms in an area that later suffered serious flooding which destroyed the plantation. 

It was a mistake because you ignored a river running through the plantation. That would be a mistake. The Police, MACC and BNM will not investigate your mistake as a crime.

A crime requires two elements : a niat jahat and then the actions necessary to carry out your niat jahat.  Mens rea to think up a crime and the actus rea to carry it out.

The question is how many PMs before this

  • set up a company using taxpayers money
  • got involved with dubious characters
  • siphoned out money outside the country
  • then brought it back disguised as 'donations'
  • broke their own Bank Negara rules
  • fired the AG, fired the DPM, removed the head of the SB,  jailed people etc 

just because they were exposing a "mistake"?  All those people were fired, removed, transferred, arrested, jailed  just for exposing a mistake?

It is obvious that the people who say this was just a mistake are looking for favours. They are also criminals themselves.

A crime is a crime. If we are required to 'close one eye' or 'close both eyes' towards crime, then why have laws in the first place? Why do we need the Police, the Courts or the AG? Just disband the Police, the Courts and let the AG go back to being in goodly spirits. 

Finally here is some news about Utusan Malaysia. By their own admission here, Utusan is facing financial difficulties with net losses around RM157 million, and net debt of around RM178 million.  

However here is something really interesting. In April 2015, Utusan bought a 20% stake in a company called Maqamad for RM100,000 (one hundred thousand).  

Last week Utusan announced that they are selling that same 20% stake in Maqamad for RM48 million ! ! ! !  Here is the news :

Utusan Melayu’s unit to sell stake in Maqamad for RM48m
 

Monday December 21, 2015

KUALA LUMPUR, Dec 21 — Utusan Melayu (M) Bhd’s wholly-owned unit, Utusan Land Sdn Bhd, has signed a share sale agreement with MHA59 Sdn Bhd to dispose of 20 per cent stake in Maqamad Sdn Bhd for RM48 million.

In a filing to Bursa Malaysia today, Utusan Melayu said, the sale would enable it to improve its cash flow and strengthen its financial position.

“The proceeds are expected to be used for our day-to-day operations which included payment of trade and other payables within 12 months.

“The sale is expected to result in an improvement to our earnings by about RM48 million for the financial year ending Dec 31, 2015 and to contribute positively to the company's earnings per share,” it said. — Bernama

- See more at: http://www.themalaymailonline.com/money/article/utusan-melayus-unit-to-sell-stake-in-maqamad-for-rm48m#sthash.k8do5h9E.dpuf



In just eight months Utusan has made  RM47.9 Million 'untung atas angin'. Brilliant.

Utusan should stop publishing newspapers (where they are making losses) and go into the mergers and acquisitions (M&A) business where they can turn a RM100,000 investment in some company into an RM47.9 million profit in just eight months !! 

While Utusan understands 'buy low sell high', obviously the purchaser does not understand the concept too well.  Why is that purchaser being so super generous to Utusan ?

Maqamad's 2013 accounts and the latest available accounts show revenues of RM163 million and a net loss of RM523 million. 

And please read this part carefully :  "In a filing to Bursa Malaysia today, Utusan Melayu said, the sale would enable it to improve its cash flow and strengthen its financial position. “The proceeds are expected to be used for our day-to-day operations which included payment of trade and other payables within 12 months."

Selling fixed assets to bayar gaji, bayar api, bayar air, bayar newsprint supplier, bayar hutang etc. 

Habis tahun depan macam mana pula?  The business is not going to improve overnite. 

Can Utusan find another cheap 20% stake in say another company called I'mno Bailout Sdn Bhd for say RM100,000 and then in eight months sell back the stake to the owners for RM48 million?

Folks, when is all this crap going to stop? Utusan will just stop functioning. Just wait and see. If they continue behaving like this, the whole country will just stop functioning.  It will. Just wait and see. 

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