Scorpene 'kickbacks': Full trial sought

The French court is expected to hear the case involving alleged kickbacks in the French-Malaysian submarine deal soon, says Suaram, the human rights watchdog which is the complainant in the case.

According to Suaram director Cynthia Gabriel (right), French prosecutors have concluded the initial investigations and an application for an open trial was made in late March.

"Our lawyers have advised us that it could take anything from the next few weeks to a couple of months until a judge is appointed (for the open trial)," she told reporters today.

Gabriel added that the delay involves bureaucratic requirements, and also because the matter is politically sensitive in view of France holding its general election soon.

While the French prosecution investigations have been kept confidential, Suaram’s lawyers have advised the NGO that the probe has found evidence of commissions paid.

This involves the 114.96 million euros (RM574.8 million at then exchange rate of RM5 = 1 euro) paid to Malaysian consulting company Perimekar Sdn Bhd, another 30 million euros (RM150 million) to DCN’s commercial network Thales and another 2.5 million euros (RM7.5 million) to an unknown recipient.

Government contradictions

In 2006, then-Deputy Defence Minister Zainal Abidin Zin was quoted by the Star as saying that the commissions were paid “voluntarily” (to Perimekar) by the French parties in the deal.

“We cannot stop them if they want to give a commission. All the expenditure by the ministry had been tabled in Parliament and audited,” he had said.

However, in 2008, Defence Minister Ahmad Zahid Hamidi (left) told Parliament that the government had indeed paid the 114.96 million euros to Perimekar, but that it was for “coordination services” and not commissions.

According to Gabriel, the French probe found that the amount paid was in fact in the form of kickbacks for the sole purpose of circumventing the OECD convention.

Perimekar is a subsidiary of KS Ombak Laut Sdn Bhd, of which the major shareholder is the wife of Abdul Razak Bagina - a close confidante to Premier Najib Abdul Razak and who was charged with and acquitted of the murder of translator Altantuya Shariibuu.

Gabriel said that when the case goes to open trial, documentation, including contracts between the Malaysian government and DCN, will be made public and witnesses, including Malaysian officials, can be subpoenaed.

These include Ahmad Zahid, who last week said that he is ready to testify in court.

However, the minister in charge of the procurement was Prime Minister Najib Abdul Razak, who then the defence minister.

Fundraising for legal costs

While the French legal team has been providing pro bono service thus far, Suaram expects legal costs to balloon as the case proceeds into trial and is thus launching a fundraising campaign dubbed Ops Scorpene.

Suaram aims to raise RM100,000 through two functions involving the leading French lawyer who is pursuing the case, William Bourdon.

The lawyer will speak at a high-tea function in Penang on July 21 and at a fundraising dinner in Kuala Lumpur on July 23.

Details of the events can be found on Suaram’s website.

Those who wish to donate to the Suaram's Ops Scorpene Legal Fund can bank their contributions into the account of Suara Inisiatif Sdn Bhd, A/C No: 0300 0065 200, Hong Leong Bank Bhd.

“(The RM100,000) we hope to raise will not amount to much in euro, and is just a starting fund. We expect we will have to continue to raise funds as the case proceeds,” Gabriel added.

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