In a press statement made by SUARAM (Penang) dated 30th May 2012 :
FRENCH SUBMARINES DIVING MALAYSIA INTO DEEP CONTROVERSY
30 MAY 2012
PRESS STATEMENT
FRENCH SUBMARINES DIVING MALAYSIA
INTO DEEP CONTROVERSY
SUARAM, a leading Malaysian human rights NGO, welcomes all media, both regional and Malaysian media, as well as members of the diplomatic community in Bangkok, to this exclusive press briefing, on one of the most sensational and controversial corruption scandals in our country, and perhaps in the region of ASEAN.
In a script befitting a Hollywood spy thriller, this corruption scandal surrounds the purchase of two French “SCORPENE” class submarines whose price continues to escalate till today, the shocking and brutal murder of a glamorous Mongolian woman, the blowing up of her body by C4 explosives, the decision of the French courts to hear evidence about the alleged bribery of top Malaysian and French officials – and the growing links between these – spell big headaches for the ruling administration, and e specially for current Prime Minister Najib Razak.
This is the first joint media conference between our French lawyers and the SUARAM team, following the commencement of a judicial inquiry at the Tribunal De Grande Instance in Paris, that will probe alleged corruption crimes and illegal bribes involving top officials from both Malaysia and France.
As was earlier reported, the SUARAM delegation comprising board members Kua Kia Soong, Cynthia Gabriel and Fadiah Nadwa Fikri, returned after a successful hearing before Judge Roger Le Loire, one of the two Instruction Judges assigned to oversee the case.
The Judge had principally accepted a list of seven proposed witnesses including current Defence Minister Ahmad Zahid Hamidi, former Defence Minister and current Prime Minister Najib Razak, and a central figure in the procurement process, Abdul Razak Baginda as key witnesses that can further assist in the inquiry before the Tribunal.
Access to the Investigation Papers
Following the commencement of the inquiry, SUARAM has gained full privileged access to the 153 investigation papers from the Public Prosecutor's office. This is a huge step forward, as many of the details kept confidential are now made accessible to SUARAM as the civil Plaintiff in the criminal case against the DCNS (French shipbuilding company).
French law provides several constraints on the area of access. While we are not able to obtain a hard copy and distribute copies, we are however entitled to full view of the documents and are able to quote them to the media and to the public.
It is also crucial to note that the complaint lodged by SUARAM has led to the commencement of a criminal investigation which has just opened, leaving a huge possibility of criminal prosecution of those involved in this corruption scandal. Our lawyers have forewarned that the French and Malaysian officials as well as the companies involved in the corruption scandal may be put on the “suspects” list as the criminal case proceeds in the French Courts.
Legal Jurisdiction
Malaysia's Legal Obligations under the UN Convention Against Corruption (UNCAC)
Malaysia as a signatory to the UNCAC since 2008, is now obliged to cooperate with other nation states in preventing, investigating and prosecuting offenders of corruption. State parties are bound to render specific forms of mutual legal assistance in gathering and transferring evidence for use in court and to extradite offenders.
An overarching trend in the fight against trans-border corruption is universal jurisdiction. This means a country can bring to trial and prosecute in that country those accused of having committed a crime in another country.
The SCORPENE submarine scandal provides the platform for universal jurisdiction to be applied. By ratifying the UNCAC, Malaysia has signaled to the world our willingness to submit to an international framework of cooperation.
THE LONG ARM OF THE LAW
Judge Le Loire after hearing an<