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SUARAM FRENCH LAWYER CONCURS NO TRIAL ON SCORPENE

 
 

1. French Prosecutor in an interview with Bernama has said that there is NO on-going trial in France over allegations of corruption involving the purchase of two submarines by Malaysia.

 
 

2. Let's read the story below:

 
 

No trial in France over purchase of submarines, says prosecutor.

 
 

KUALA LUMPUR: A prominent French prosecutor has refuted reports circulating in some news portals of an on-going trial in France over allegations of corruption involving the purchase of two submarines by Malaysia.

 
 

"I am aware about all the fuss kicked up by certain media (organisations) in Malaysia over this matter, but what I can say is that this is nothing more than a trial by the media," said Yves Charpenel, former head of prosecution in France, now a state prosecutor and an executive member of the International Association of Anti-Corruption Authorities (IAACA).

 
 

He was here to attend the four-day IAACA conference and general meeting which ended on last Sunday.

 
 

Following a complaint filed in 2009 by Suaram that a French company had allegedly paid bribes to a Malaysian firm for the purchase of two Scorpene submarines in 2002, he said that two independent "investigating judges" started their investigations earlier this year.

 
 

Charpenel said it was anybody's right to file a complaint and due to the secret nature of the investigations, some resorted to complaining to the media.

 
 

He explained that for specific cases in France, the Justice Ministry would ask an independent judge, called an "investigating judge", to investigate.

 
 

"He is just an investigator. This is an old system that started from the Napoleonic era.

 
 

"If the investigating judge wants someone to come to Malaysia, he has to ask your Government because we have what is called the Treaty of Mutual Legal Assistance.

 
 

"A French investigating judge cannot take his luggage, take a plane and go to Malaysia and ask someone to answer his questions. It is impossible, it is against French law and it is also against international law," stressed Charpenel.

 
 

Asked about media reports that French lawyers representing Suaram in the suit would be coming to Malaysia to brief their clients, Charpenel said any lawyer from any country was free to do so because he was paid by his clients.

 
 

"He can speak freely to the press, that's freedom or human rights. But he is not a prosecutor. He is not an investigating judge. He is not an official."

 
 

Defence Minister Datuk Seri Dr Ahmad Zahid Hamidi also said over the weekend that the Auditor-General had declared the Scorpene deal was done in accordance with legal procedures.

-- BERNAMA

 
 

 
 

3. And NOW, let us read the reply from Suaram in a statement issued on the same day following the news report.

 
 

 
 

William Bourdon (SUARAM's lawyer) to French Prosecutor Yves Charpenel

 
 

8th October 2012

 
 

Yves Charpenel's statement is absolutely contradictory with the current investigations. The Tribunal deGrande Instance has convened a criminal inquiry of which SUARAM has been accepted as a civil party since March 2012.

 
 

Upon completion of the inquiry will the investigating judge make the decision of whether the case goes to full trial. It's the investigating judge that makes the decisions not the prosecutor.

 
 

To our knowledge the current prosecutors in charge of the case have not made any such statements as suggested by Charpenel.

 
 

The two Judges, Roger Le Loire and Serge Tournaire continue their investigations on the Scorpene inquiry".

 
 

 
 

4. That's what the statement said. Now notice what the Suaram lawyer has said at the second paragraph of the statement?

 
 

Let's look at this line: "Upon completion of the inquiry will the investigating judge make the decision of whether the case goes to full trial".

 
 

What does this mean?

 
 

It means Suaram lawyer himself has actually concurred that there is no trial on the issue as they are only merely making inquiry into the matter while the investigating judge still has not make any decision.

 
 

5. As explained by French Prosecutor, for specific cases in France, the Justice Ministry would ask an independent judge, called an "investigating judge", to investigate where he is just an investigator, not judge in the trial as this is an old system that started from the Napoleonic era.

 
 

  Moreover, the French Prosecutor explained if the investigator needs to investigate the case, they will come to Malaysia through the Treaty of Mutual Legal Assistance. The investigator would be against the French Law and against international law if he did not do that.

 
 

6. From this statement, it basically shows that Suaram lawyer is actually only "fishing" in order to try and establish their case.

 
 

This is not the first time. In fact, it is the second time that such effort has been made -- try to create doubt and misconception related to the submarine deal between Malaysia Government and French Defence Company.

 
 

7. If you could remember at the end of June this year, there is a report saying French police investigation -- which probe that one of the characters related to this case -- has actually never entered France.

 
 

According to the news portal, Free Malaysia Today (FMT) -- there was no immigration record of an "Altantuya Shaariibuu" entering France in that period.

 
 

This was revealed in confidential documents submitted to the French judicial inquiry, which is looking into alleged kickbacks in the Scorpene submarine deal between French manufacturer DCNS and the Malaysian Government.

 
 

8. The documents also revealed that DCNS officials told French police they had never meet a person named Altantuya and did not know who she was in the course of their negotiations for the Scorpene deal.

 
 

DCNS former sales manager to Malaysia Fredric Faura told French investigators there was no need for an interpreter since negotiations was in English and not in French.

 
 

9. In fact, FMT also said that Jasbir Singh Chahl, who was reported by Suaram as being the first Malaysian to be subpoenaed as a witness in the Scorpene case, told the French police that he had never meet Altantuya and that she were not involved in the submarine negotiations.

 
 

For the record, Police officers C/Insp Azilah Hadri and Kpl Sirul Azhar Umar were sentenced to death by the High Court on April 9, 2009 for murdering her on Oct 19 and Oct 20, 2006.