Media Release: Initiate Criminal Action against Razak Baginda and Najib Razak Now

Scorpene Scandal: Initiate Criminal Action against Razak Baginda and Former Prime Minister Najib Razak Now

Press Statement 14 May 2018

In reference to the indictment of Abdul Razak Baginda by the French Court on 18 July 2017 in connection with the Scorpene corruption scandal and the strong commitment made by the new Pakatan Harapan government to stamp out corruption, the Center to Combat Corruption and Cronyism (C4) calls on all relevant authorities to immediately initiate criminal proceedings against Abdul Razak Baginda and those involved in this corruption scandal.

The Scorpene corruption scandal which emanates from the purchase of two Scorpene class submarines in 2002 constitutes one of the Barisan Nasional government’s greatest robberies over its people, committed in the name of national secret and security. 

The corruption scandal centres on the payment of €114 million (RM570 million) in commissions and kickbacks made by Thales and DCNS to Malaysian officials through a company called Perimekar Sdn Bhd (Perimekar). 

The payment of €114 million (RM570 million) was made for “coordination and support services” associated with the purchase of the submarines.

It is important to note that Perimekar was controlled by Abdul Razak Baginda, a close associate of former Prime Minister Najib Razak – the then Defence Minister who inked the procurement agreement. 
Perimekar was established in 2001, a few months before the procurement agreement was signed. It did not have the financial means to perform the procurement agreement nor did it have the expertise in the maintenance of submarines. The procurement agreement was directly negotiated between Abdul Razak Baginda and DCNS.

It bears reminding that the gruesome murder of Altantuya Shaaribu, although not directly tied to the initial complaint filed with the French Court, is intricately linked with the alleged payments and kickbacks made.
After five years of investigation, the French Court proceeded to indict Razak Baginda on 18 July 2017 for active and passive complicity with corruption and abuse of corporate assets. The case is still ongoing in the French Court, leaving open the possibility of criminal prosecution of those involved in this corruption scandal. 

It is noteworthy that section 66(1) of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act 2009) provides for liability for offences committed outside Malaysia where it empowers the Malaysian Anti-Corruption Commission (MACC) to conduct criminal proceedings against citizens and permanent residents of Malaysia when an offence under the Act is committed in any place outside Malaysia. 

Cast in this light, C4 calls on:

  1. The MACC to immediately investigate Abdul Razak Baginda, former Prime Minister Najib Razak and those connected to the Scorpene corruption scandal pursuant to section 66 of the MACC Act 2009;
  2. The police to reopen and reinvestigate the Altantuya Shaaribu murder case;
  3. The new Attorney General to expedite the prosecution process against Abdul Razak Baginda, former Prime Minister Najib Razak and those connected to the Scorpene corruption scandal;
  4. The new Attorney General to expedite the prosecution process against those involved in the murder of Altantuya Shaaribu.

 

Released by: 
Cynthia Gabriel, C4 Executive Director
Fadiah Nadwa Fikri, C4 Legal Research Officer

 

In the News

Malaysiakini, "Probe Razak Baginda over Scorpene deal now, suggests ex-judge"
Malaysia Decides, "Siasat Semula Kes Scorpene, Altantuya, kata C4"/ "Reopen Probes into Scorpene Deal, says C4"