Wednesday, April 26, 2017

Dato’ Seri Johari Abdul Ghani must explain what happened to the US$3.51 billion he had previously insisted had already been paid to IPIC

Last August, Second Finance Minister Dato’ Seri Johari Abdul Ghani said he was very confident that 1Malaysia Development Bhd (1MDB) will win the arbitration in dispute with Abu Dhabi's International Petroleum Investment Company (IPIC), given the documents provided by 1MDB to the minister.

"As far as I'm concerned, I am very confident that we will win (the case), based on the documents that I have, supplied by 1MDB to me," he told reporters after a 2017 Budget focus group meeting.

IPIC had claimed up to US$6.5 billion from 1MDB, including 2 bonds amounting to US$3.5 billion issued by the latter and guaranteed by the former.

Dato’ Seri Johari had insisted that 1MDB has already paid US$3.51 billion to IPIC or its purported subsidiary, Aabar Investment PJS Limited (“Aabar(BVI)”), a company registered in the British Virgin Islands.  IPIC on the other hand, has publicly refuted that Aabar(BVI) is not its subsidiary even though it carries the same name as its own subsidiary, Aabar Investment PJS, a company registered in Abu Dhabi.

1MDB claimed it has already paid Aabar(BVI) the amounts of
(i) US$1.367 billion as a “security deposit” for the US$3.5 billion of bonds in 2012

(ii) US$993 billion for the termination of options granted to IPIC or Aabar in November 2014; and

(iii) Additional sums of US$855 million and US$295 million as “top-up security deposit” in September and December 2014 respectively.

"It's too bad for them not to acknowledge that (Aabar BVI), because as far as the record is concerned, the company belongs to them (IPIC).  Now they suddenly say that the company does not belong to them. So we want to see them in court and let the arbitration look at our document," the Second Finance Minister had insisted then.

Even in his open letter to me as recently as last month, Dato’ Seri Johari declared that “as for the dispute regarding the US$3.5 billion, which was paid to the IPIC group of companies by 1MDB, IPIC cannot continually deny that they have received the monies when 1MDB has already paid the same to them. I don't think Malaysians in their right mind will want to just give up on that issue of the payment.”

So the question is, Dato’ Seri Johari Abdul Ghani must now explain why the Malaysian negotiators have “given up” their case against IPIC in their “settlement” announced 2 days ago.

Under the terms of the settlement, despite 1MDB having purportedly paid the US$3.51 billion above to IPIC or its subsidiary, the Ministry of Finance Incorporated (MoF, Inc) has agreed to assume all liabilities arising from the US$3.5 billion of bonds which were previously guaranteed by IPIC.

Given that 1MDB is clearly in no position to pay the debts, Malaysian taxpayers will now have to fork out another US$3.5 billion to bailout 1MDB as part of the above settlement.  This means that we will ultimately pay a whopping total of US$7.01 billion, or more than double the US$3.5 billion of bond borrowings by 1MDB!

What has happened to Dato’ Seri Johari’s gung-ho statement that “we must fight and win this case”?  Why did we capitulate to IPIC’s demands before the fight even began?  Is it because 1MDB has finally conceded that Aabar(BVI) was clearly a fraudulent company to begin with and the US$3.51 billion originally paid has been clearly misappropriated and lost?

More interestingly, just two days before the settlement was announced, he suddenly washes his hands and said he wasn’t “involved in the negotiations. It (is) being done by (the) management and board of 1MDB with PMO’s (Prime Minister’s Office) officers.”

The Second Finance Minister had heroically claimed in his open letter to me that “it would be wholly irresponsible for [him] to shirk off this responsibility and opportunity to serve the nation.”  So may I ask, is agreeing to pay US$7.01 billion for a US$3.5 billion loan the “responsible” thing to do in “serving the nation”?

Tuesday, April 25, 2017

1MDB “Settlement” with IPIC an affirmation by 1MDB that they have lost US$3.51 billion purportedly paid to IPIC and its subsidiary, Aabar Investment PJS

1MDB and IPIC have finally announced the conclusion of the much awaited “settlement” to the London arbitration proceedings filed by IPIC against 1MDB.

What is most interesting, who the winner and loser are, can be clearly deduced by their respective statements.

1MDB’s statement was short and sweet, providing scant details other than the fact that “1MDB will, amongst others, make certain payments to IPIC and will assume responsibility for all future interest and principal payments for two bonds issued by 1MDB Group companies due in 2022”.  No figures are stated.

IPIC on the other hand made a detailed announcement to the London Stock Exchange clearly stating that
(i) IPIC will receive US$1.205 billion in 2 equal tranches on 31 July 2017 and 31 December 2017.

(ii) 1MDB and MoF Inc., will assume all responsibility of future interest and principal payments of US$3.5 billion worth of bonds, previously guaranteed by IPIC.

The implication between the 2 statements is staggering.

1MDB tried to paint a rosy picture of the settlement – that the dispute has been resolved with no hard details.  On the other hand, IPIC’s clearly showed that they got exactly what they wanted, the return of US$1.205 billion worth of cash advances to 1MDB since June 2015 and to discharge itself entirely as a guarantor for 1MDB’s US$3.5 billion worth of bonds.

However, of greater significance is the fact that 1MDB’s concession to the above settlement terms is a direct affirmation and confirmation that 1MDB have lost US$3.51 billion worth of payments which have purportedly been paid to IPIC and its subsidiary, Aabar Investments PJS.

Last year, 1MDB and its CEO, Arul Kanda, have informed the Auditor-General (AG) and the Public Accounts Committee (PAC) that the following payments were made to Aabar Investments PJS Limited, a separate company registered in the British Virgin Islands (“Aabar(BVI)”).  It has already been widely known, and confirmed by the United States Department of Justice (US DOJ) that Aabar (BVI) is a fraudulent impostor company.  However, 1MDB and Arul Kanda continued to insist that it is a wholly-owned subsidiary of the IPIC group.

As outlined on Page 92 of the PAC Report on 1MDB, 1MDB claimed it has paid Aabar (BVI) the amounts of

(i) US$1.367 billion as a “security deposit” for the US$3.5 billion of bonds in 2012 
(ii) US$993 billion for the termination of options granted to IPIC or Aabar in November 2014; and

(iii) Additional sums of US$855 million and US$295 million as “top-up security deposit” in September and December 2014 respectively.

These sums, as emphasized in the PAC Report, could not be verified by the AG as 1MDB has refused to provide the relevant proof and documentation of the transactions, despite repeated requests over months.

The question then is, if we have indeed paid the above sums, totalling US$3.51 billion to IPIC or its subsidiaries, why then are we allowing IPIC to relieve itself an ultimate guarantor for the bonds and why is MOF Inc, assuming the US$3.5 billion of liability?

Is 1MDB and Arul Kanda telling us that despite having paid US$3.51 billion to IPIC, we still owe the US$3.5 billion we borrowed?  Putting it simply, are Malaysians to fork out a whopping US$7.01 billion to settle 1MDB’s US$3.5 billion of bonds?!

The only explanation for the incredulous situation is that the US$3.51 billion was never paid to IPIC as claimed.  Instead, the funds were misappropriated or laundered as documented widely in the US DOJ charges against Jho Low and company, and Singapore prosecution its local banking officers.

Therefore, we call upon the Prime Minister, who is also the Minister of Finance, Dato’ Seri Najib Razak to come clean on the discrepancy resulting from the “settlement” with IPIC, since Malaysians have now to pay more than double what was actually borrowed by 1MDB.

Saturday, April 22, 2017

1MDB new auditor’s biggest challenge now is to audit and verify the purported sale of 1MDB’s Brazen Sky or its assets to a “undisclosed third party”

The Singapore Straits Times reported that 1MDB is expected to ink an agreement with Abu Dhabi's International Petroleum Investment Co (IPIC) to settle a dispute involving billions of dollars very soon.

In its report, the Singapore daily cited sources as saying the agreement would see 1MDB pay IPIC US$1.2 billion by year end, to settle a loan and accumulated interest from a bailout the IPIC gave 1MDB in July 2015.

It said most of the money would come from the sale of "fund units" from 1MDB subsidiary Brazen Sky to an undisclosed buyer.  Brazen Sky is of particular interest to 1MDB watchers because its account in Singapore's BSI Bank was supposed to be the account used to receive funds from 1MDB's Cayman Islands account.

If the Singapore Straits Times report is to be believed, then 1MDB’s newly appointed auditor, Parker Randall will now be faced with their biggest test to date.  Parker Randall, represented locally by the Malaysian audit firm, “Afrizan Tarmili Khairul Azhar” (aftaas) must carry out the necessary due diligence and audit to ensure that the transactions taking place are bona fide and above board.

Of interest is the fact that until today, 1MDB has failed to provide any form of clarity of these “fund units” worth US$940 million purported redeemed from a Cayman Island investment fund.

1MDB has refused, despite repeated demands from the Public Accounts Committee and the Auditor-General to provide financial statements and documents of 1MDB’s overseas bank accounts and assets, including that of Brazen Sky Limited.

Worse, these assets were purportedly parked in BSI Bank, Singapore which have already had its merchant banking license withdrawn by Monetary Authority of Singapore.  When questioned in Parliament, the Minister of Finance responded that these units were not managed by any fund manager or investment bank, while also refusing to where the “units” have been moved to.

Hence it is critical for Parker Randall or aftaas to confirm the existence and authenticity of the US$940 million worth of “units”.  Most interestingly, despite the fluctuating value of investment assets over time, these fund units appeared to have a frozen value of US$940 million since its redemption in January 2015.

In addition, should Brazen Sky or its assets be sold, Parker Randall must verify that the sale and purchase transaction is a genuine transaction and not another case of paper shuffling which have taken place earlier in 1MDB’s US$1.8 billion investment in Petrosaudi.

It is also important for Parker Randall to confirm and satisfy itself on the identity of the mysterious “undisclosed buyer” of these mysterious Brazen Sky assets as part of its audit verification. The auditors must also trace the money trail of the fund transfers from the mysterious undisclosed buyer into 1MDB before being transferred to IPIC.

The audit is all the more important given the spotlight 1MDB has, which has caused some half a dozen of banks around the world to be shutdown or penalised for facilitating money laundering transactions.

Surely, after Deloitte Malaysia disgracefully resigned from 1MDB for failing to detect any of the above illicit and money laundering activities, Parker Randall do not want to follow the same footsteps and sully its international reputation.

Tuesday, April 11, 2017

I stand by the video comments I have made which have purportedly defamed the honourable Prime Minister

I have received a letter of demand from the Prime Minister, Dato’ Seri Najib Razak, served by his lawyers from Hafarizam Wan & Aisha Mubarak who brought along TV3 to my office in Petaling Jaya yesterday evening.

The letter demanded that I retract the statement, remove the video, publicly apologise to the Prime Minister and pay an amount of compensation to be agreed upon within 7 days.

I have reviewed the 5-minute video published on 6 April 2017 and I hereby state that I will standby the comments I have made.  Hence I will neither retract the statement, remove the video, publicly apologise to the Prime Minister nor offer to pay any amount of compensation to Dato’ Seri Najib Razak.

This is simply because the statements which I have made are grounded on established facts which have not been disputed.

The Sarawak Report and the Wall Street Journal first made the allegation that US$681 million originating from 1MDB, a wholly-owned subsidiary of the Ministry of Finance found its way into Dato’ Seri Najib Razak’s personal bank account with Ambank Malaysia.  This was subsequently confirmed in evidential documents produced by the United States Department of Justice (US DOJ).  In fact, the US DOJ pointed out in their legal filings that the total amount originating from 1MDB and surfaced in the Prime Minister’s bank account was US$731 million.

It should be noted that Dato’ Seri Najib Razak has never publicly disputed or denied the facts presented by the US DOJ since July 2016.

In addition, the US DOJ has labelled Malaysia as a kleptocracy.  The Dictionary.com definition of “kleptocracy” is “a government or state in which those in power exploit national resources and steal; rule by a thief or thieves”.

Despite the reputational damage inflicted on Malaysia as a result of US DOJ’s suit to seize assets worth approximately US$1 billion acquired with laundered funds originating from 1MDB, the Prime Minister and his Government has refused respond to the highly detrimental allegations.

In fact, the Prime Minister has steadfastly refused to clarify and respond to the matter in Parliament, despite repeated request by Members of Parliament to do so.

What’s more, I have also outlined all the facts and evidence of the above misconduct and more, in my civil suit against the Prime Minister for public misfeasance filed in January this year.  Dato’ Seri Najib Razak doesn’t even have to sue me a second time, he just needs to answer to the charges I have made in my suit to debunk any “fake news” which have purportedly damaged his reputation.  Instead, he has chosen to try to strike out my suit with a mind-boggling defense that he “is not a public officer” and hence cannot be subjected to a public misfeasance suit.

Hence, I can only interpret the Prime Minister’s latest letter of demand, the second I have received from him, is an attempt not to right a wrong, but to silence the truth.

Just as I never stopped exposing, highlighting and questioning the RM50 billion ringgit 1MDB scandal despite being sued for defamation the first time round in March 2015, I will not be intimidated or frightened from continuing to do the same.

It is my fervent believe that not only my voters who voted me into office, but an overwhelming majority of Malaysians cannot accept a kleptocratic administration or a Prime Minister who stole billions from the rakyat.  Therefore, I will doggedly persist and persevere in fighting the democratic cause to free Malaysia from such evils and disease.

Monday, April 10, 2017

There is no need for Senior State Executive Councillor, Teng Chang Khim to resign as to err is only human, and the errors upon discovery are rectified

The DAP Selangor State Committee met in an emergency meeting this afternoon to discuss the public concerns over the guidelines and planning restrictions over non-Muslim places of worship.

The DAP Selangor State Committee unanimously agreed that the recommendation that non-Muslim places of worship should not be built within 50m of a home owned by Muslims, as well as several other guidelines are not appropriate for a multi-racial, multi-religious society which encourages mutual respect and tolerance.

It should be noted that such guidelines are the status quo for other BN-led states like Johor and Negeri Sembilan.  

The State Committee heard the explanation provided by Selangor Vice-Chairman and Senior State Executive Councillor, Teng Chang Khim, that despite having requested state government officials to make the necessary changes, the changes were not incorporated into the final version of the guidelines. 

As reported during his press conference in the morning, Teng has apologised for the unintended error and even offered to resign from his position.

The State Committee found that the question of Teng resigning from his government office does not even arise as he has committed no crime.  He has neither stolen money from the state government coffers, nor abused his powers to benefit vested interest parties like developers.

Instead, DAP Selangor would like to commend Teng for stepping forward to take full responsibility over the unintended error and omission, despite the fact that the guidelines manual was approved by the Selangor State Planning Committee.

To err is certainly human, but what is most important is the fact that immediate steps are being taken to ensure that these errors are corrected upon discovery.  No one has yet suffered or been penalised by the guidelines for new non-Muslims places of worship.  

Hence, DAP Selangor state committee supports Teng’s decision to seek the State Executive Council’s (Exco) approval on Wednesday for immediate suspension of the guidelines implementation pending revision.

At the same time, in the light of the gravity and sensitivity of the matter, the Selangor State Committee also resolved to set up a special sub-committee to assist Teng.  This will ensure that no stones are left unturned in the revision process.  The sub-committee will be led by Vice-Chairperson, Hannah Yeoh and four other members, Rajiv Rishyakaran, Dr Abdul Aziz Bari, Yeo Bee Yin and Ng Sze Han.

DAP Selangor would like to reiterate that the constitutional provisions providing for Islam as the religion of the Federation and guaranteeing the freedom of religion would be defended at all cost.  We firmly believe that such provisions can only be achieved with tolerance, respect and acceptance of such freedoms by all Malaysians.

Monday, April 03, 2017

Dato’ Seri Nazri Aziz must prove that Malaysia is not a Police State

After great expectations were set for the Tun Dr Mahathir Mohamad and Datuk Seri Nazri Aziz debate on 1MDB, for the second time, the Police stepped in to stop the debate by refusing to grant a “permit”.

The original intent was for the debate to be held in a townhall in the Tourism Minister’s own constituency, Padang Rengas.  The Police put a stop to that, forcing a change in venue to the premises of Karangkraf Media Group, the publisher for local daily, Sinar Harian in Shah Alam.

Despite an earlier approval by the Selangor police with conditions which were accepted by the organisers, the Police has now rescinded the approval.

Apparently, “the Shah Alam district police headquarters had received objections from residents in the surrounding area”.  Hence, “after studying and considering the matter based on public order, the peaceful assembly permit reference 4/17 dated March 31 is cancelled,” the Police said.

The denial of a permit for a political debate or dialogue is ridiculous at so many levels.

For one, Karangkraf is located at an industrial area, a good distance from the nearest residential zones.

Secondly, it is the role of the Police to facilitate and ensure that the dialogue or debate takes place in a peaceful manner by providing the necessary support and security.  The constitutionally-guaranteed rights to freedom of assembly and speech should not be denied by those who are threatening those very freedoms.

However, most importantly, it is not at all within the powers of the Police to deny approval for the event to take place.  Based on the Peaceful Assembly Act (PAA) 2012, all the organisers are required to do under the law is to give a 10-day “notice”.  The Act does not provide for the police to say yay or nay to an assembly, what more an indoor function at private premises.  A police permit is no longer required.

The clear cut abuse of power by the Police in this case shows without a doubt, the fear by the Najib administration for the debate on 1MDB to take place. The debate will only serve to confirm in the minds of Malaysians – the fact that billions of ringgit of 1MDB funds surfaced in the personal bank accounts of the Prime Minister.

It would have been a debate so lopsided that even Dato’ Seri Nazri Aziz, arguably one of the sharpest debaters on the frontbench, could not possibly win.  However, with the Tourism Minister demonstrating unbounded bravado, the Police was called to step in to stop the debate to save Dato’ Seri Najib Razak the blushes.

Dato’ Seri Nazri has previously told reporters that “Malaysia is not a Police State”, after the original debate was denied by the Police, hence the subsequent alternative arrangement was made.

Hence, we call upon the Senior UMNO Minister to prove that Malaysia is indeed “not a Police State” by insisting and proceeding with the debate with Tun Dr Mahathir, regardless of the ruling made by the Police.

The Minister’s failure to do so will not only confirm, by his own benchmark, that Malaysia has indeed degenerated into a Police State. It will also confirm that he is not a man of his words and has conveniently found a face-saving way out of proceeding with the much anticipated debate.

Friday, March 31, 2017

Dato’ Seri Najib Razak undisputed King of Obfuscation, carefully wording parliamentary replies with selected choice facts

Meanwhile, crucial details are deliberately omitted, calculated to present an alternate reality for the media and the rakyat.

At first, I was both amused and bemused by yesterday’s headline on Malaysiakini story, “PM: 1MDB has cleared its bank debts, short-term debts”.  The headline is factually correct, although it needs an alert and informed reader to read between the lines.

Later however, I was stumped and stupefied by the headlines of The Star and The New Straits Times (NST), screaming “Najib: 1MDB is now debt free” and “1MDB now debt free: Finance Ministry”.

I immediately sought out my colleague, Member of Parliament for Bakri, Er Teck Hwa for a copy of Dato’ Seri Najib Razak’s parliamentary reply to his question, which was the basis for the above news stories.

He had asked the Finance Minister to state, among other things, “debts and assets of 1MDB in and out of Malaysia for the years, 2015 and 2016”.

Dato’ Seri Najib Razak responded that 1MDB made full settlement amounting to RM229.5mil for a revolving credit facility to Affin Bank in November, 2015.

Last year, 1MDB has also successfully repaid a RM950mil in a standby credit facility from the Federal Government, a RM2bil term-loan facility from Marstan Investments N.V and a US$150mil term financing facility from Exim Bank.

With the RM3.8 billion worth of debts repaid, the Finance Minister further added that 1MDB no longer have any borrowings with banks, nor any other short-term debts.

As if on cue, knowingly or unknowingly, The Star and The NST fell for it hook, line and sinker by declaring that “1MDB is now debt free”, painting most beautiful alternate reality which the Prime Minister would like you to believe.

Except the reality is so exceedingly different, that you can only conclude that Dato’ Seri Najib Razak’s reply was deliberately designed to obfuscate the truth to achieve the effect convincing Malaysians of the biggest lie of them all, that “1MDB is debt free”.

Dato’ Seri Najib has conveniently and mischievously failed to disclose the multiple elephants squeezed into the room -  that 1MDB still have outstanding

(i)             a 30-year RM5 billion bond which is guaranteed by the Federal Government

(ii)           two 10-year US$1.75 billion bonds which was guaranteed by Abu Dhabi’s International Petroleum Investment Corporation (IPIC) but have since been indemnified by the Ministry of Finance, Incorporated (MoF Inc)

(iii)          a 10-year US$3.0 billion bond, guaranteed with a “Letter of Support” issued by the Minister of Finance

(iv)          a US$1.0 billion advance by IPIC, indemnified by MOF Inc

(v)            at least US$230 million worth of interest payments by IPIC on behalf of 1MDB, indemnified by MOF Inc.

Hence, the total amount of 1MDB debt still outstanding, and directly or indirectly guaranteed by the Federal Government are RM5.0 billion and at least US$7.73 billion, or a total of more than RM39 billion!

This is despite the fact that the Federal Government has already bailed out 1MDB’s real estate division by assuming 1MDB’s RM2.4 billion worth of sukuk and another RM800 million borrowed from SOCSO.

In addition, the RM39 billion is still outstanding despite the fact that 1MDB has already disposed of its power plant assets for a total of RM9.83 billion.

Hence it complete defies belief that Dato’ Seri Najib Razak was less than truthful with the material omission of more than RM39 billion worth debt in his reply to my Bakri colleague.  Instead, the Prime Minister chose to extol 1MDB’s RM3.8 billion repayments, barely a-tenth of the scandal-ridden fund’s total debts.

He even carefully worded his happy conclusion, that 1MDB no longer owes any bank any money or any other short term debts, to skew the impression and perception of those who are not alert or informed.  If this does not crown Dato’ Seri Najib the devious King of Obfuscation in Malaysia, then I certainly don’t know what would.

Thursday, March 30, 2017

Is our national interest now subjected to foreign terms and conditions?

Last week, I had asked the Finance Minister to justify the award of the RM55 billion East Coast Rail Link project to China Communications and Construction Company (CCCC) and why Malaysian companies were not given the opportunity to tender for the project.

In the Finance Ministry’s reply, it said "to qualify for this financing offered by China Exim Bank, the project had to be executed by CCCC".

The Minister said that the Export Import Bank of China (China Exim Bank) offered a soft loan to Malaysia for the project at low interest rates.  He added that the loan, for a period of 20 years, also allows for a grace period of seven years where the government does not need to repay the principal.

In addition, "the government has, in principle, agreed at least 30 percent of the infrastructure work will involve local companies and contractors".

If studied carefully, the reply carried very sinister undertones.

Malaysia now appears so desperate for foreign financing for its so-called national interest projects that it is willing to subject itself to terms and conditions of foreign powers.

Just because somebody is willing to lend you the money at seemingly favourable terms does not mean that you should accept the condition to select the product that will cost nearly double the estimated price.

This is no different from unscrupulous retailers to duped Malaysian shoppers into “zero-interest” financing schemes on products costing significantly higher than if you have paid for it in cash.  Any financial consultant will educate you that the real cost of financing is already built into the jacked-up price of the product.

Worse, the real cost of funds for the project is now opaque because we do not know the real cost of the project as it was awarded without any open and competitive tender.  We do know however, that the Government’s own appointed consultants, HSS Integrated has estimated that the cost of the 600km railway project will cost less than RM30 billion.

Therefore, to pay for the project at RM55 billion just because China Exim Bank offered an “attractive financing package” is absolutely scandalous!

Worse, only 30% of the project will involve local companies and contractors, despite an abundance of experience and expertise which are already widely available in Malaysia.  We have now got many companies who have built double tracking railway projects, dug award-winning tunnels systems and constructed the MRT.  And yet, the Government is awarding a standard rail link project at substantially higher cost to a foreign company with minimal local participation.

The irony is, the Finance Ministry has advised or even instructed our Government-Link Companies to halt their investments abroad and repartriate its foreign funds from overseas to check the drastic decline of the ringgit.  Bank Negara even put in harsh measures to force private companies to convert their foreign currency receipts into ringgit.  However, the Government clearly doesn’t practise what it preaches because the overwhelming bulk of the inflated RM55 billion cost will be paid to China despite available local options.

There can be no better example of the English saying, “penny wise but pound foolish”.  What boggles the mind is, the Finance Ministry doesn’t comprise of idiots – they should know that we are paying well above what is a fair price for the project.  What is the ‘real’ reason why the project has been awarded to CCCC – is the real ‘quid pro quo’ the fact that CCCC will help launder part of the astronomical profits to pay off 1MDB debts as widely speculated?

Tuesday, March 28, 2017

Did the Second Finance Minister even bother asking the Finance Minister if the latter took money, directly or indirectly from 1MDB and SRC International?

I am disappointed, although not surprised by Dato’ Seri Johari Abdul Ghani’s immediate decline of my invite to speak at my fund-raising dinner.  It would have been perfect opportunity for the Second Finance Minister to convince and implore the voters of Petaling Jaya Utara to not only give 1MDB “a rest”, but even give me “a rest”.

After all, he could have demonstrated his conviction that “the folks of Petaling Jaya Utara elected you as their MP to do better things than just being obsessed with 1MDB”.

He justified his decision to turn down the invite by claiming that "I have to do my job as a minister and I would do the best for the country".

"Even if I had lunch or dinner (with Pua), it would not solve the problem the way he wants, because I am not the Malaysian Anti-Corruption Commission (MACC), Bank Negara Malaysia (BNM), police and investigation agencies. So, let these agencies do their work.  Nowhere in my letter did I mention I want these agencies to stop their investigation," he told Malaysiakini.

Dato’ Seri Johari Abdul Ghani cannot have his cake and eat it too.

He wants to escape the challenge by taking the moral high ground.  He says he wants “to do his job as a minister” and he “would do the best for the country”.

If that is so, now that he is the Second Finance Minister, with all the necessary access to all the documents and transactions within the Finance Ministry subsidiaries – has he figured out why and how 1MDB and its sister company, SRC International lost tens of billions of ringgit?

Has Dato’ Seri Johari even bothered asking the Finance Minister, who also happens to be the Prime Minister, Dato’ Seri Najib Razak, whether he did indeed receive US$731 million in his personal bank account which originated from 1MDB?

Or did Dato’ Seri Johari question Dato’ Seri Najib if he received the RM69 million in his personal bank account which originated from SRC Interntional, as inadvertently exposed by none other than the Attorney-General, Tan Sri Apandi Ali himself?  At the very least, did the Second Finance Minister, in dutifully carrying out his responsibility ask if Dato’ Seri Najib intends to return the RM69 million back to SRC International?

Why should a Second Finance Minister trying to shift his responsibility to “Malaysian Anti-Corruption Commission (MACC), Bank Negara Malaysia (BNM), police and investigation agencies”, when it is also his sworn duty to administer his own Ministry’s subsidiaries?

Isn’t uncovering multi-billion ringgit hanky-panky within his Ministry part of his Minister’s scope of work? Is it because Dato’ Seri Johari not dare to ask because he already knows the answer, but don’t want to rock the boat?

Or is Dato’ Seri Johari taking the position that what has happened in the past, even if it involved billions of ringgit of stolen funds, should be left alone, and his blinkered role is just focus on how to cover up the massive hole which has been created?

Whether the Minister attends my dinner to espouse his position is immaterial.  However, Dato’ Seri Johari’s deeds and actions only goes to show the hypocrisy of his moral high ground and his claims of “doing the best for this country”.  In fact, in his attempt to cover up the stolen funds and keeping the kleptocrats in power without answering for their crimes, he is betraying the country and sacrificing the interest of our future generations.

Monday, March 27, 2017

Open Invitation to Second Finance Minister, Dato’ Seri Johari Abdul Ghani on Monday, 27 March 2017


A week ago, Second Finance Minister, Dato’ Seri Johari Abdul Ghani wrote an open letter to me asking me to give the 1MDB issue “a rest”.  I had responded the next day with an open letter outlining some of the many reasons why I won’t “give it a rest”.  This includes the fact that the Minister has not only failed to answer the questions which have been posed, and the multiple attempts to obfuscate the truth for the Malaysian public.

However, a week later, the Minister has unfortunately chosen to maintain an elegant silence.  Perhaps Dato’ Seri Johari is just hoping that I would have no choice but to then “give it a rest”.

If so, the Minister must be daydreaming.  Instead, I would like to offer Dato’ Seri Johari Abdul Ghani the perfect opportunity to not only give the 1MDB issue a rest, but to give me “a rest”.

I would like to extend an open invitation to the Second Finance Minister to come to my fund-raising dinner on Saturday, 6 May 2017 to be held in the heart of the Petaling Jaya Utara (PJU) constitueny, at the SS2 open air carpark.

Dato’ Seri Johari Abdul Ghani will be given a full hour to speak uninterrupted to my voters to tell them about why they should not only give the 1MDB issue arest, but why they give me a rest by voting me out of office.  There would be no better opportunity for the Minister to do so than in front of an expected sell-out crowd of 300 tables.

Dato’ Seri Johari can explain to the 3,000 best-behaved audience why my “behaviour in respect of the entire affair does not fit that of a lawmaker”.

The Minister is free to put forth his argument, per his open letter, that “the spectacle of name-calling, not only towards me but towards other members of the administration as well, is nothing less than embarrassing and demeaning to your standing as a Member of Parliament.”

Then the Minister can ask the voters of PJU directly, whether “the folks of Petaling Jaya Utara elected you as their MP to do better things than just being obsessed with 1MDB”.

In fact, the other speakers who are attending the dinner are DAP Parliamentary Leader, Lim Kit Siang; former Prime Minister, Tun Dr Mahathir Mohamad; Amanah President Mat Sabu and PKR Vice-President, Rafizi Ramli.  The Minister has a chance to put all of us ‘out of business’.

No BN Ministers would offer me such an opportunity to attend their official events and get even 15 minutes to explain how the Najib administration has stolen and misappropriated some RM25 billion of funds raised by 1MDB.

However, perhaps in my foolishness, I am giving UMNO-BN an excellent chance to sign my political death warrant.  The question is, will Dato’ Seri Johari have the courage and conviction in his defense of 1MDB to pick up the gauntlet?

Thursday, March 23, 2017

Malaysians are massively dissappointed that the Government has sided to protect the profits of oil and gas companies, at the expense of the man-on-the-street

Malaysians are hugely disappointed that the Government has made a complete U-turn on the previously announced proposal for fuel retailers to compete freely at prices below a government-set ceiling price.

"After joint discussions with oil companies, we have agreed to announce the weekly price of petrol and diesel every Wednesday and the price (for the first week under the new system) will be effective March 30," the Minister of Domestic Trade, Cooperatives and Consumerism (KPDNKK) said in a live announcement on RTM1.

Datuk Hamzah Zainuddin said any companies that wished to sell below the weekly ceiling price must seek approval from his ministry.  "Petrol dealers that wish to hold promotions and provide discounts on the set price can do so by first seeking approval from KPDNKK.

"All oil companies and petrol dealers are reminded to abide by the new pricing. Stern action will be taken against dealers that sell petrol or diesel at prices other than what is set by the government," he said.

This announcement reversed the earlier announcement by the Second Finance Minister, Dato’ Seri Johari Abdul Ghani and Datuk Hamzah himself.

Bernama has reported on 16 March that the Second Finance Minister, Dato’ Seri Johari Abdul Ghani has said that “although the ceiling price was determined by the government, it was up to the oil companies to sell the petrol and diesel below it”.

This was further to the announcement made by the Minister of Domestic Trade, Cooperatives and Consumerism, Datuk Hamzah Zainuddin on 4 March.

The first sign of a U-turn was when I received a parliamentary reply from the Minister of Finance earlier this week who said that “with regards to the proposal to fix ceiling prices for petroleum products, it is still in the study and evaluation stage which will directly involve several relevant agencies such as the Ministry of Finance and the Minstry of Domestic Trade, Cooperatives and Consumerism”.

The sequence of events clearly showed that the Government came under pressure from the oil companies who protested against the policy which allowed them to compete freely.

Although the Minister will claim that on paper, those companies who were interested to sell at a lower price or hold promotions will still be able to do so after obtaining “approval” from KPDNKK, this process will be cumbersome and any applications will be subjected to protests from other oil companies.

Why should these oil companies remain ‘protected’ by the Government when petrol and diesel are no longer subsidised by the tax-payers?  What makes these oil and gas companies so special that the deserve special protection compared to other goods and services?

I had previously issued a statement in support of the ‘free competition below ceiling price’ policy because the ultimate beneficiaries of the policy will be the man-on-the-street who are burdened with high fuel prices and that of other essential goods and services.  Competition will allow more efficient petrol companies to offer lower prices to consumers.

The biggest winners to the Government’s policy now are Petronas, Shell, BHP, Petron and Caltex – as they effectively form a cartel to control petrol prices via a Government’s fixed price.

Such a policy will contradict the spirit and intent of the Competition Act which forbids price-fixing and monopolistic practices in nearly all of the other industries.  Even trade associations such as the Coffee Shop Association have been told that “fixing” coffee or tea prices – which have been their practice for decades – is now illegal under the Act.

We call upon the Government to prioritise the interest of the rakyat who are burdened with increasing prices of essential goods and services, and not that of big corporates like oil and gas companies.

Monday, March 20, 2017

Open Letter by Tony Pua, DAP National Publicity Secretary and Member of Parliament for Petaling Jaya Utara to Second Finance Minister, Dato’ Seri Johari Abdul Ghani on Tuesday, 20 March 2017

Dear Minister,

Thank you so much for your Open Letter addressed to me which was issued yesterday.  I am not sure whether I should be honoured to have received such a letter from a Minister for the very first time in my 9 years as a Member of Parliament.

Dato’,

You are extremely unhappy apparently because I called you a “liar” and accused you of “covering up for the Prime Minister”.  I checked my facts again and I’m more than happy to stand by my accusations.

Earlier this year, you told the media repeatedly that the Finance Ministry (MOF) would not take over any of the 1MDB’s debts.  This was a specific response to my question raised in mid-January as to whether the MOF took over 1MDB’s RM800 million loan from SOCSO and RM2.4 billion sukuk.

It was only when I received the convoluted parliamentary reply in the current sitting, I could conclude that MOF did indeed take over these debts.  The sad thing about the reply from the Minister of Finance was that it was clearly written in a way to obfuscate the truth.

You then dug a deeper hole for yourself by arguing that the RM3.2 billion of debt was an “operating debt” belonging to 1MDB’s wholly-owned subsidiary, 1MDB Real Estate (1MDB RE) and hence was not considered as 1MDB’s debt.  I then said that “no Finance Minister worth his salt would argue that the ‘operating debts’ of a wholly-owned subsidiary does not belong to the parent company’s accounting books”.

I also proved with facts published in the Public Accounts Committee (PAC) Report, extracted from the Auditor-General’s (AG) report that more than 87% or RM2.8 billion of the RM3.2 billion of 1MDB RE borrowings never went towards the development of 1MDB’s real estate properties.  Hence I asked why did the MOF not insist that these advances to 1MDB be repaid?

Dato’,

You then went on to tell an audience at a MIDF lunch talk that the Malaysian government couldn’t press charges against 1MDB personalities “without complete information”.  You supported your claim by saying the the Auditor-General and the PAC could not point to anything specifically wrong with 1MDB.

Again, I pointed to specific sections of the PAC Report which clearly concluded that the 1MDB top management has on dozens of occasions – lied and misled the Board of Directors, defied the decisions of the Board or worse, acted without the Board’s authority, all of which are legal offences.  The PAC even asked the authorities to investigate the CEO, Datuk Shahrol Halmi and other officers involved for the above wrongdoings.  However, a year later, Datuk Shahrol Halmi remains comfortably as of today, a Director of PEMANDU agency in the Prime Minister’s Department.

You added in your letter that, “as far as the government is concerned, there is nothing to hide and nothing to cover up.” Then, I ask you, if so, why do you not propose for the Cabinet refusing to declassify the ‘harmless’ Auditor-General’s Report?

However, instead of answering all of the above questions, you ask me to “give it a rest”.

You opined that 1MDB is the most scrutinised entity by all enforcement agencies in Malaysia. However, you fail to also disclose that every single investigating agency was hampered and disrupted.

When the PAC announced that we were summoning Jho Low for questioning, the PAC Chairman was soon replaced by Datuk Hasan Arifin who promptly reversed the decision.  Datuk Hasan, even responded that he has to “cari makan” when asked by the media if the Prime Minister would be summoned.

Despite the diligence of the Auditor-General’s Office, key documents such as 1MDB’s bank statements for its overseas subsidiaries were not handed over to the AG.  Neither did Arul Kanda or Datuk Shahrol hand over many other documents they promised when requested by the PAC.

The biggest farce must be the “Super-Taskforce” investigating 1MDB comprising of the Attorney-General, the Inspector-General of Police, the MACC Chief Commissioner and the Bank Negara Governor  set up by the Prime Minister himself.  Did you forget that just as the then Attorney-General discovered shenanigans relating to the Prime Minister, he was promptly “retired” on spurious ‘health’ reasons?  As if on queue, the new Attorney-General effectively dissolved the “Super-Taskforce” and even went to the extent of instructing the MACC to stop any further investigations on the matter.

Dato’,

You started your letter whining that you are merely working “serve the nation” by taking “positive and proactive” steps.

Perhaps let me gently remind you that there is a difference between ‘serving the nation’ and ‘serving the Prime Minister’, by covering up the scandal so that the truth gets swept under the carpet and the crooks get away scot-free.

Do you not realise that we are now a renown kleptocracy and how damaging that is for our country?  Everyone who has taken an interest in the affairs of Malaysia knows from the documents presented by the United States Department of Justice and the Singapore Courts that US$731 million from 1MDB, found its way through dodgy investment funds and deceptive offshore companies into the personal bank account of Dato’ Seri Najib Razak.

Do you not think that to “serve the nation”, we must work to revive our heavily-tarnished global reputation?  And do you not think that the only way we can remove the kleptocracy label from Malaysia is not by sweeping the truth under the carpet but instead ensure that the kleptocrats are charged and appropriately punished?

In fact, if you really want to take “positive and proactive steps” to help the nation, why haven’t you made a claim for the US$1 billion worth of assets being seized by the United States which were acquired with funds laundered and stolen from 1MDB?  Why is the Government still keeping up the pretences that 1MDB did not lose these billions of dollars?

Dear Minister,

The above are just some of the many reasons why I won’t give the 1MDB issue a rest.  The issue doesn’t deserve to be rested because you and your fellow Ministers have refused to answer simple questions and more importantly, the crooks who audaciously misappropriated more than US$5 billion are still at large.

Any elected representative with any sense of morality and integrity, who believes in protecting the interest of the man-on-the-street and who wants justice meted out to criminals who rob the country will never let the matter rest until the truth is found.

I am sure that my voters in Petaling Jaya Utara and all right-thinking Malaysians would overwhelmingly back my dogged persistence and relentless pursuit to ensure that Malaysia’s corrupt leaders and its kleptocratic government are made accountable for their crimes.

Sunday, March 19, 2017

Dato’ Seri Johari Abdul Ghani must prove that the Auditor-General (AG) couldn’t find specifically what went wrong with 1MDB by seeking declassification of the AG’s Report on 1MDB

Last week, the Second Finance Minister Dato’ Seri Johari Abdul Ghani told an audience of the investment community at a luncheon organised by the Malaysian Industrial Development Finance Bhd (MIDF) that the Government “can’t press charges on 1MDB without a full picture”.

He argued that "even the PAC (Public Accounts Committee) and AG (Auditor-General) were unable to specifically tell what went wrong”.

Dato’ Seri Johari must prove to Malaysians that he has not become a big liar defending a kleptocratic administration by demanding that the Cabinet declassify the Auditor-General’s Report immediately.

How can the Second Finance Minister expect Malaysians to believe him that the AG could not anything specifically wrong with 1MDB when the Najib administration has classified the AG’s Report under the Official Secrets Act (OSA) since its publication in February 2016?

Even the then Auditor-General, Tan Sri Ambrin Buang has emphasised that the intent of the OSA classification was only for the purpose of the PAC to complete its own report without unnecessary leaks.  He has stated clearly that there was no need for the AG’s Report to be classified after the PAC Report has been completed and left it to the discretion of the Government to declassify the document.

Can Dato’ Seri Johari tell us why the the AG’s Report remains classified?


Is it because even the ‘sanitised’ PAC Report itself has hinted at a whole lot of shenanigans discovered by the AG, if further exposed, would make life difficult for the Barisan Nasional Government?

For example, the PAC found that the 1MDB’s multi-billion dollar investments in Petrosaudi and other funds were carried out without any proper study or due diligence.  For that matter, the PAC and the AG found that 1MDB decided to invest a total of US$1 billion in a joint venture with Petrosaudi International Limited within just 8 days.

We have also since discovered with corroborating evidence from Bank Negara as well as court cases in the United States and Singapore, that US$700 million of that sum was siphoned to Good Star Limited, a company owned by the flamboyant Jho Low.

The PAC and the AG also found that 1MDB’s management executed multiple multi-billion dollar transactions without the approval of the 1MDB Board of Directors.  The PAC and AG also concluded that the top management had provided false information to the Board of Directors on multiple occassions.  Worse, the top management was found to have acted in defiance of decisions made by the Board of Directors.

The PAC and AG’s Reports were very specific in these allegations.

It true that the PAC and AG’s report were not sufficiently comprehensive. The PAC and AG could not investigate the US$731 million of funds originating from 1MDB which were deposited into the Prime Minister, Dato’ Seri Najib Razak’s personal bank account because 1MDB refused to supply its overseas banking documents.

However, there are already sufficient instances of criminal wrong-doings and negligence by the top management highlighted by both the AG and the PAC in their reports.  This was also the reason why the PAC had recommended that the authorities carry out investigations against Datuk Shahrol Halmi and other management officers who were involved.

Hence the question that the Second Finance Minister must answer is – why haven’t investigations into the shenanigans in 1MDB, especially by Datuk Shahrol Halmi been completed after more than a year?  Why is Datuk Shahrol still a Director at the PEMANDU agency in the Prime Minister’s Department?

Is it because he is ‘untouchable’ and protected by the Prime Minister himself, so as to avoid even more damning truths surfacing on how tens of billions of ringgit were misappropriated by 1MDB, of which a substantial portion of it was channelled to Dato’ Seri Najib Razak?

Saturday, March 18, 2017

Dato’ Seri Johari Abdul Ghani must think that Malaysians are born yesterday to buy his excuse that the Government “can't press charges on 1MDB without a full picture”.

I was stunned by the Second Finance Minister, Dato’ Seri Johari Abdul Ghani’s remarks to the media that the Government “can’t press charges on 1MDB without a full picture”.  I had certainly expected better of him, as he was a known critic of 1MDB before his appointment as a Minister.

"The transfer of the money to the accounts and so on, it’s not that. That’s only half the story. If you want to charge people, you need the complete story," Johari said at a luncheon talk organised by Malaysian Industrial Development Finance Bhd which was reported by the Edge Financial Daily yesterday.

Of course, we need the complete story in order to charge any person for a crime.  However, the question is there must be a concerted effort to investigate the crime. 

From what we can see happening in Malaysia at this point of time, there is no attempt at all to investigate the crimes everyone can see which have taken place in Malaysia.

The United States Department of Justice (US DOJ) has clearly presented all documentary evidence of how funds amounting to more than US$5.6 billion have been siphoned from 1MDB and laundered overseas.  This included more than US$1 billion which have been siphoned to Good Star Limited which was owned by Jho Low, whose whereabouts are a mystery today.  The 1MDB management had persistently tried to hide this fact by lying that Good Star Limited was owned by 1MDB’s joint venture partner, Petrosaudi International Limited.

In Singapore, bankers have been sent to jail and bank licences have been withdrawn for facilitating the above same transactions.  This has included funds which has passed through to and from a Tanore Finance Corporation via its bank account with Falcon Private Bank to the personal bank account of Dato’ Seri Najib Razak.

And yet, despite the obvious and ease of accessing all the relevant evidence of grand corruption, the Second Finance Minister has the cheek to tell Malaysians that the Government “can’t press charges without the full picture”.

Dato’ Seri Johari even had the gall to dismiss the case in Singapore as not having involved Malaysians. "The governance issue happened in Singapore, not in Malaysia. And those characters are actually Singaporeans,” he said.

The Minister is obviously pretending very hard to be ignorant and stupid because the Singapore cases clearly named the parties who laundered the funds included Jho Low, his father Tan Sri Larry Low and other associates who were Malaysians.  Evidence including banking transactions were presented to the Court demonstrating how these funds stolen from 1MDB were misappropriated, including the amounts ending up in the Prime Minister’s bank account.

If the Minister is really clueless about the evidence and what took place in the US DOJ and Singapore Courts, I will be most happy to share the information and documents with the Minister.

However, please don’t tell half-truths to the Malaysian public that "even the PAC (Public Accounts Committee) and AG (auditor-general) were unable to specifically tell what went wrong.

The AG has discovered many wrongs which were cited in the AG’s Report on 1MDB which the Cabinet has decided to classify under the Official Secrets Act (OSA).  This was despite the fact that 1MDB had refused full cooperation with the AG by denying the AG access to crucial banking documents of its overseas subsidiaries.

But even what little revealed in the PAC Report was sufficient for the PAC to conclude massive wrong-doing on the part of the management.  The PAC has specifically demanded that Datuk Shahrol Halmi be investigated for his role in causing the billions of ringgit of losses to 1MDB and the Malaysian Government. 

It has been nearly a year since the report has been tabled in Parliament. Why hasn’t any action at all be taken against Datuk Shahrol Halmi?  In fact, why is Datuk Shahrol Halmi still a Director at the PEMANDU agency in the Prime Minister’s Department?

The reality is, not only has the Government made no effort into investigating the scandal, it is blocking all attempts to investigate the crime. For example, the Attorney-General abused his power by instructing the Malaysian Anti-Corruption Commission (MACC) from further investigating the US$681 million or more which were discovered in the Prime Minister’s bank account. Subsequently, he rejected a request for cooperation by the Swiss Attorney-General to investigate the case.

Dato’ Seri Johari Abdul Ghani may not have been involved in the attempts to stall or stop the investigations, as he was only appointed a Minister in July last year.  However, he should not try to belittle the intelligence of ordinary Malaysians or take us for fools by claiming that the Government can’t press charges because it doesn’t have a “full picture”.

Friday, March 17, 2017

Which Finance Minister in the world worth his salt would tell you that the debts of its wholly-owned subsidiaries are not the debt of the parent company?

First of all, I would like to thank the Second Finance Minister, Dato’ Seri Johari Abdul Ghani for issuing the official statement “Some Facts for Tony Pua”, in response to my earlier press statement on this issue.

This is because the Minister confirmed the very facts which I had stated.

1.     The Minister confirmed that real estate owned by the Government was sold to 1MDB at “nominal” prices.  A check on 1MDB financial statements would show that the 70-acre Tun Razak Exchange (TRX) land was priced at RM64 per square feet (psf) for a total of RM194 million, while the 486-acre Bandar Malaysia was at RM72psf for a total of RM1.67 billion.

2.     The Minister concurred that the 1MDB real estate companies took loans amounting to RM800 million from SOCSO and another RM2.4 billion worth of sukuk for Bandar Malaysia.

3.     The Minster also confirmed that the above debts amounting to RM3.2 billion are no longer under the books of 1MDB as they have been assumed by the Ministry of Finance.

The question is, how else to describe the above transactions other than a bailout?  The Government granted these parcels of land at “nominal prices” to 1MDB, but when effectively less than 50% of these parcels of land were ‘returned’ to the Government, they came with an attached liability of RM3.2 billion?

The Minister failed to mention the fact that 1MDB has sold 30.5 acres of TRX and 40% of Bandar Malaysia for RM3.5 billion and RM7.8 billion respectively where the proceeds are due entirely to 1MDB.  None of it went towards the settlement of these debts.  So why is it that 1MDB gets to keep all the astronomical profits, while the Ministry of Finance is left to carry all the liabilities in their entirety?

Dato’ Seri Johari tried to wriggle his way out of it by claiming that the above were merely the “operating debts” of the real estate subsidiaries.  Malaysians fail to understand his convoluted argument that “there is therefore a clear distinction between 1MDB debts, which will not be taken over by MOF Inc, and the BMSB/TRXC project company operating debt, which are part of the assets and liabilities of the company…”

I hope that Dato’ Seri Johari, who was formerly a corporate man himself, did not actually draft the statement because it makes no financial sense.  No Finance Minister worth his salt would argue that the “operating debts” of a wholly-owned subsidiary does not belong to the parent company’s accounting books.

The Second Finance Minister might do well to consult 1MDB’s newly appointed auditors, Parker Randall for an accounting opinion before issuing such embarrassing statements.

What is worse is that, even if Dato’ Seri Johari’s illogical statement holds, he has failed to acknowledge that both the Auditor-General and the Public Accounts Committee (PAC) have discovered that the bulk of the money raised from the borrowings did not go towards the real estate projects!

Page 43 of the PAC Report would tell you that out of RM800 million borrowed from SOCSO, only RM338 million went towards 1MDB Real Estate and its projects.  The balance was “advanced” to the 1MDB parent company for other purposes.

Even more shocking, Page 45 of the same report would tell you that not a single sen of the RM2.4 billion sukuk raised went towards the development of Bandar Malaysia or TRX, or any other 1MDB real estate projects!  The net proceeds from the sukuk were “advanced” to the 1MDB parent company for other purposes as well as to refinance previous borrowings, which were also utilised for non-real estate purposes.

The 1MDB CEO, Arul Kanda himself, confessed to the Public Accounts Committee that due to cashflow difficulties within the 1MDB group, these funds were “diverted” from their intended purposes.

Hence while the intent of the RM3.2 billion of borrowings was perhaps “operational” as emphasized by the Second Finance Minister, in reality, the overwhelming bulk of the borrowings was brazenly utilised for “non-operational” purposes.

Therefore, using Dato’ Seri Johari’s own argument, since more than RM2.8 billion of the borrowings were “non-operational” in nature, 1MDB must pay back these “advances” to MOF.

Otherwise, it’s a triple-whammy for the Malaysian tax-payers – where (1) 1MDB made multi-billion ringgit profits from nominally priced land from the Government to partially cover up tens-of-billions of ringgit of losses from other 1MDB transactions; (2) the Government takes back less than 50% of the land attached to a RM3.2 billion liability and (3) the RM3.2 billion borrowed was never invested in the land in the first place, which means that MOF itself has to further invest in the projects to realise their value.

The Malaysian tax-payers cannot be more screwed and victimised than the extra-ordinary bailout that is taking place right before our very eyes.