Since Umno is suing the government and claims that the RM160 million belongs to the party, Najib can no longer be charged for having that money. Further to that, the government needs to return the money to Umno. But they need to return RM160 million and not just RM116.7 million. That means whoever stole the difference of RM43.3 million needs to surrender the money.
NO HOLDS BARRED
Raja Petra Kamarudin
Umno is suing the Government of Malaysia (GoM), the Inspector General of Police (IGP), the now very ‘famous’ Amar Singh Ishar Singh, and two others, for RM160 million (SEE MORE BELOW). This is in relation to the raid on the Pavilion Residences about two weeks after GE14 on 25th May 2018 when they confiscated what is alleged to be RM1 billion in cash and valuables belonging to Najib Tun Razak and Rosmah Mansor.
This was not the only item the police stole when they raided the apartments in the Pavilion Residences
Initially, they said the amount of cash seized was RM114 million. And then, later, they said it is RM116.7 million. Now, it seems, it was actually RM160 million. Hence RM43.3 million (to quote Tun Dr Mahathir Mohamad) has lesap or disappeared into thin air.
First Amar Singh said it was RM114 million, then RM116.7 million, and now we find out it is actually RM160 million
Just to digress a bit, this is actually quite ‘normal’ for the Royal Malaysian Police Force (PDRM). When they arrest bank/goldsmith robbers, kidnappers, etc., and recover a large amount of loot, they will announce a lesser amount than what was confiscated. You do not need to be a genius to know why and to know where the difference disappeared to.
That is why many police officers are millionaires and when they retire they are suddenly doing big-time business and spending like tycoons. This is actually a cover or front. They need to explain how come they are suddenly so rich merely months after retiring and the explanation is they became businessmen on retiring so now they are loaded.
I personally know a number of police officers who suddenly became rich on retiring (supposedly because they became businessmen) whereas their wealth was not made AFTER they retired but long before retirement. As what onetime Acting IGP Tan Sri Mohamed Amin Osman once told me in the late-1980s, “If I want to clean up the police force I will need to sack 97% of my police officers.” (Amin died of lung cancer on 1st April 2016).
It is quite ‘normal’ for the police to declare less than what they confiscated and then pocket the difference
Anyway, back to the Umno writ, there are two parts in Umno’s suit against the GoM, IGP, Amar Singh, and two others. First is regarding the illegal seizure and second is regarding the missing RM43.3 million. Hence Umno is claiming the return of not just RM116.7 million, but RM116.7 million AND RM43.3 million, in total RM160 million.
You can read the full details of the 52-page writ HERE. For those who are lazy to read anything longer than three paragraphs (which means 90% of Malaysians), I will summarise for you the main points to note.
- The suit is by Umno, not Najib Tun Razak.
- Umno is claiming that the amount confiscated was RM160 million and not RM116.7 million, as the police declared.
- Umno is demanding the return of RM116.7 million PLUS RM43.3 million, so in total RM160 million.
- Umno is claiming that the search and seizure is illegal and unlawful, the grounds which you can read in paragraph 22, pages 9-10 of the English translation in the writ (READ HERE).
Ab Rauf Yusoh is representing Umno in its RM160 million suit against the GoM, the IGP and three others
It seems the raid was conducted because of Khairuddin Abu Hassan’s police report regarding 1MDB that he lodged on 12th December 2014, which was 41 months before the raid. So, the raid was conducted based on the possibility or suspicion that whatever is in the Pavilion Residences was stolen from 1MDB. Nevertheless, no such evidence was produced before the magistrate when they applied for the search warrant.
Further to that, there was no one on the premises at the time of the raid. Hence there were no witnesses and the police can claim whatever they want because no one can dispute what they say.
A copy of the search list was also not given to the owner or occupants of the premises, as required under Section 65 of the CPC. Hence there is no evidence of what the police confiscated from the premises.
Whatever was confiscated was not brought before the magistrate as required under Section 56 of the CPC.
Mahathir and Daim set up the new system in 1988 where the party president is the trustee of the party and holds Umno’s cash, assets and investments under trust on behalf of the party
Since Umno is suing the government and claims that the RM160 million belongs to the party, Najib can no longer be charged for having that money. Further to that, the government needs to return the money to Umno. But they need to return RM160 million and not just RM116.7 million. That means whoever stole the difference of RM43.3 million needs to surrender the money.
The point is, it is not illegal for Najib to hold Umno’s cash and assets. That was the system which Tun Dr Mahathir Mohamad and Tun Daim Zainuddin set up in 1988 when they registered Umno Baru. Mahathir was worried that if something happens to Umno or someone else takes over Umno, then the billions that Umno owns would be lost.
So, Mahathir made sure that the party president could act as the sole trustee of Umno and all cash and assets belonging to Umno can be held by the party president without having to declare to anyone the details of Umno’s wealth in his hands. This has always been the practice for 30 years since 1988 and it was Mahathir and Daim who created this system.
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