Takut hilang kelayakan ahli Parlimen punca Rafizi cabar Bafia, kata NFCorp

 

insider logoPublished: 22 April 2015 5:37 PM

 

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Permohonan Setiausaha Agung PKR Rafizi Ramli mencabar keperlembagaan Akta Bank dan Institusi-institusi Kewangan (Bafia) adalah kerana takut didapati bersalah sekali gus hilang kelayakan sebagai ahli Parlimen, kata NFCorp.

Pengerusinya, Datuk Seri Dr Mohamad Salleh Ismail (gambar, kiri) berkata permohonan itu jelas menunjukkan Rafizi cuba melengah-lengahkan pertuduhan terhadapnya dan kerani Public Bank Berhad Johari Mohamad.

“Saya yakin beliau sangat takut berdepan tuduhan terhadapnya dengan beranggapan beliau jelas berbohong, memutar belit dan mendedahkan maklumat sulit bank.

“Beliau tahu beliau jelas bersalah kerana dirinya bukanlah seorang pemberi maklumat.

“Saya percaya jika beliau didapati bersalah, beliau akan kehilangan kelayakan sebagai seorang ahli Parlimen dan itu yang cuba dielak dan ditangguhkan,” katanya dalam satu kenyataan hari ini.

Rafizi merupakan ahli Parlimen Pandan penggal pertama dan juga naib presiden PKR.

Beliau bersama Johari pada Ogos 2012 dituduh di Mahkamah Sesyen Shah Alam melanggar Seksyen 97 (1) Bafia.

Jika didapati bersalah, Rafizi boleh didenda sehingga RM3 juta dan penjara tiga tahun sekali gus kehilangan status ahli Parlimen.

Salleh berkata, dengan permohonan Rafizi mencabar keperlembagaan Bafia, ia melengahkan dan menafikan keadilan terhadap dirinya dan NFCorp serta hukuman kepada yang bersalah.

“Saya sudah merujuk peguam dan dinasihati, tidak guna Rafizi mencabar keperlembagaan Bafia kerana Mahkamah Tinggi, Mahkamah Rayuan dan Mahkamah Persekutuan sebulat suara berpendapat dan memutuskan, tuduhan terhadap Rafizi di bawah Bafia, bukan mala fide, menindas atau bermotifkan politik,” katanya.

Rafizi pada Isnin memfailkan dokumen di pejabat pendaftar Mahkamah Shah Alam untuk mencabar keperlembagaan Bafia bagi membolehkan kes berkenaan dipindahkan ke Mahkamah Tinggi.

Peguamnya N Surendran berkata, cabaran itu dibuat berikutan Bafia ialah undang-undang zalim sama seperti Akta Hasutan.

“Tuduhan itu cacat kerana pihak pendakwaan tidak perlu membuktikan niat jenayah yang dikatakan itu,” katanya kepada pemberita.

Surendran berkata, pertuduhan terhadap Rafizi dan Johari yang didakwa melakukan konspirasi perlu dilucutkan kerana Bafia sudah dimansuhkan dan digantikan dengan Akta Perkhidmatan Kewangan 2013.

Beliau berkata, tidak ada sebab untuk pendakwa raya meneruskan kes itu kerana kedua-dua tertuduh sudah mendedahkan penyalahgunaan kuasa yang bertindak atas kepentingan awam.

Surendran berkata, permohonan itu difailkan mengikut Seksyen 30 Akta Kehakiman Mahkamah 1964.

“Kami akan meminta Hakim Mahkamah Sesyen merujuk tiga soalan perlembagaan kepada Mahkamah Tinggi,” katanya.

Rafizi pada bulan Ogos 2012 didakwa mendedahkan empat dokumen profil pelanggan Public Bank pada ringkasan imbangan NFCorp, National Meat and Livestock Sdn Bhd, Agroscience Industries Sdn Bhd dan Salleh.

Beliau didakwa mendedahkan dokumen kepada perunding media Yusuf Abdul Alim dan wartawan The Star Erle Martin Carvalho di ibu pejabat PKR di Petaling Jaya pada 7 Mac 2012.

Pada 10 September, 2012, Rafizi memfailkan permohonan di Mahkamah Tinggi untuk menggugurkan pertuduhan atas alasan pendakwaannya bertentangan dengan dasar umum kerana mendedahkan penyalahgunaan dana awam.

Beliau kemudian mengemukakan rayuan kepada Mahkamah Rayuan selepas permohonannya ditolak Mahkamah Tinggi pada 23 November 2012.

Pada 23 Mei 2013, Mahkamah Rayuan menolak rayuan Rafizi untuk menggugurkan pertuduhan itu. – 22 April, 2015.

- See more at: http://www.themalaysianinsider.com/bahasa/article/takut-hilang-kelayakan-ahli-parlimen-punca-rafizi-cabar-bafia-kata-nfcorp#sthash.mV50afPO.dpuf

Posted in PortalNews |

Rafizi bid to challenge repealed banking law a delay tactic, says NFC boss

insider logo   Published: 22 April 2015 5:30 PM

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The National Feedlot Corporation (NFC) said RafiziRamli’s bid to challenge the constitutionality of the repealed Banking and Financial Institutions Act (Bafia) is a delay tactic by the PKR secretary-general to avoid facing trial for allegedly leaking confidential bank details linked to NFC.

NFC chairman Datuk Seri Dr Mohamad Salleh Ismail (pic) said the Pandan MP’s application was futile, pointless and an attempt to avoid conviction and disqualification as an MP.

“This application to challenge Bafia is actually an attempt by Rafizi to delay the trial of the charges against him and Public Bank Berhad clerk Johari Mohamad and, thus by extension, delaying and denying NFCorp and me, our entitlement to justice and punishment on the very people who had wronged NFCorp and me.

“I am sure that he is certainly afraid to face the charges against him in view that he clearly lied, distorted and misrepresented confidential banking information by exposing such and breaking banking laws. And he knows that he is certainly guilty of such and he is not a whistleblower.

“I believe that if he is convicted, he would be disqualified as a member of parliament and that is something he is trying to avoid and delay,” he said in a statement today.

Salleh, who is the husband of former minister Datuk Seri Shahrizat Abdul Jalil, said the High Court, Court of Appeal and Federal Court had unanimously ruled that the charges against Rafizi under Bafia are not mala fide, oppressive or politically motivated.

“Hence, Rafizi’s application is certainly redundant and res-judicata as the courts had already decided on the said issue before.”

Rafizi on Monday filed an application to challenge the constitutionality of the repealed Act.

His lawyer, N. Surendran said they will be requesting the Sessions Court judge to refer three constitutional questions to the High Court, which violated Rafizi’s right under Articles 5 and 8 of the supreme law of the land.

The questions are whether:

* an accused person could remain silent during investigation to prevent being incriminated;

* whether an accused person can be charged under Bafia which had been repealed and replaced with another legislation; and

* whetherBafia is unconstitutional as the prosecution need not prove intention, a key ingredient in a criminal trial.

Rafizi was charged in August 2012 with revealing four Public Bank customer-profile documents on the balance summaries of the NFCorp, National Meat and Livestock SdnBhd, Agroscience Industries SdnBhd and Salleh.

He allegedly disclosed the documents to media consultant Yusuf Abdul Alim and to The Star reporter Erle Martin Carvalho, at the PKR headquarters in Petaling Jaya on March 7, 2012.

On September 10, 2012, Rafizi filed an application in the High Court to strike out the charge on grounds that it was against public policy to charge him for revealing alleged abuse of public funds.

He appealed to the Court of Appeal after his application was dismissed by the High Court on November 23, 2012.

On May 23, 2013, the Court of Appeal dismissed Rafizi’s appeal to strike out the charge.

The case is scheduled to be heard next week.

In a separate legal suit in Kuala Lumpur High Court, NFCorp and its chairman is suing Rafizi for wrongful allegations about the same confidential banking information, made against NFCorp, its companies and its chairman to the detriment of their businesses.

The suit hearing is scheduled for October 2015. – April 22, 2015

- See more at: http://www.themalaysianinsider.com/malaysia/article/rafizi-bid-to-challenge-repealed-banking-law-a-delay-tactic-says-nfc-boss#sthash.BPvpsxNc.dpuf

Posted in PortalNews |

NFC boss: Rafizi denying me justice

malaysiakini logo
| 22 April 2015

 

 

 

 

 

 

 

 

Kuala Lumpur :National Feedlot Corporation (NFC) chairperson Mohamad Salleh Ismail decries what he believes is PKR’s Pandan MP RafiziRamli’s attempt at delaying justice for Mohamad Salleh and NFC.

He says this of Rafizi’s move to challenge the constitutionality of the Banking and Financial Institution Act (Bafia), which he is charged under for his exposes on NFC in 2012.

“This application to challenge Bafia is actually an attempt by Rafizi to delay the trial of the charges against him and Public Bank Berhad clerk Johari Mohamad and thus by extension, delaying and denying NFC and my entitlement to justice and punishment on the very people who had wronged NFC and me,” Mohamad Salleh said.

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In a statement, Mohamad Salleh said his lawyers advised him that Rafizi (left) is merely mounting a futile attempt at escaping conviction under the Bafia.

“I am sure that he is certainly afraid to face the charges against him in view that he clearly lied, distorted and misrepresented confidential banking information by exposing such and breaking banking laws.

“And he knows that he is certainly guilty of such and he is not a whistleblower,” Mohamad Salleh said.

Rafizi filed the constitutional challenge after the Federal Court dismissed his appeal to strike out the Bafia charge for leaking banking information.

Luxury properties

Rafizi had on March 7, 2012 revealed to a press conference details of Mohamad Salleh and his children’s bank accounts with Public Bank, to allege that the family had took on loans to purchase KL Eco City properties.

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Rafizi alleged that Mohamad Salleh, who is husband of then cabinet minister Shahrizat Abdul Jalil(right), and their children used a government loan as leverage to obtain other loans to buy private properties.

This was later proven to be untrue.

PKR before that exposed that NFC had used part of the RM250 million government loan to purchase a luxury condominium One Menerung in Kuala Lumpur.

The government loan to NFC, owned by Mohamad Salleh and his children, for the National Feedlot Centre project.

The Auditor-General ticked off the Agriculture and Agri-based Industry Ministry after the project did not meet its targets.

The family said it purchased the One Menerung unit as investment to offset any loss caused by inflation, while waiting for the government to build a promised abattoir.

Posted in PortalNews |

NFCorp: Challenge on BAFIA, a delay tactic by Rafizi

FMT LOGO FMT Reporters| April 22, 2015

If RafiziRamli is found guilty, he could be liable to a fine of up to RM3 million and a three-year imprisonment, and he could also lose his MP status.

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KUALA LUMPUR: Pandan MP and PKR secretary-general RafiziRamli’s move to challenge the constitutionality of the repealed BAFIA banking law he was charged with violating in his exposés on the National Feedlot Corporation (NFCorp) in 2012, is an attempt to avoid conviction.

“This application to challenge BAFIA is actually an attempt by Rafizi to delay the trial of the charges against him and Public Bank Berhad clerk Johari Mohamad and thus by extension, delaying and denying NFCorp and my entitlement to justice and punishment on the very people who had wronged NFCorp and me,” said Dr Mohamad Salleh, Chairman of NFCorp.

“I have consulted my lawyers and have been advised that it is pointless for Rafizi to challenge the constitutionality of BAFIA as the High Court, the Court of Appeal and the Federal Court had unanimously opined and ruled that the charges against Rafizi under BAFIA are not mala fide, oppressive or politically motivated. Hence Rafizi’s application is certainly redundant and res-judicata as the Courts had already decided on the said issue before.

“I am sure that he is certainly afraid to face the charges against him in view that he clearly lied, distorted and misrepresented confidential banking information by exposing such and breaking banking laws. And he knows that he is certainly guilty of such and he is not a whistleblower.

“I believe that if he is convicted, he would be disqualified as a member of parliament and that is something he is trying to avoid and delay.”

Rafizi together with Public Bank Berhad’sex employee Johari were arrested and charged at the Shah Alam Sessions Court on 1 August 2012 for violating Section 97 (1) of the Banking and Financial Institutions Act, 1989 (BAFIA). The case is now awaiting commencement of trial.

If RafiziRamli is found guilty, he could be liable to a fine of up to RM3 million and a three-year imprisonment, and he could also lose his MP status.

 

Posted in PortalNews |

NFCorp chairman applies in the appeal to strike out CBT charges as there is no case

KUALA LUMPUR — The Kuala Lumpur High Court today heard an application to strike out two CBT charges against National Feedlot Corporation chairman Datuk Dr Mohamad Salleh Ismail for RM9.1 million and RM40 million.

The court was told that National Feedlot Corporation (NFCorp) had taken a loan of RM250 million and the sum was not a grant. Thus, the matter would be of a civil nature and not criminal, emphasised Tan Sri Dr Muhammad Shafee Abdullah, legal counsel acting for NFCorp chairman Datuk Dr Mohamad Salleh Ismail.

“This money has legally passed to NFCorp and is no longer the government’s money. NFCorp has an obligation to repay the loan subsequently. Therefore, NFCorp is not the trustee for the fund for the government,” said Shafee.

Judge Datuk Mohd Azman bin Husin presided today.

The court was told that at an NFCorp Board Meeting No 16 held on 22 December 2010, the auditor had during the tabling of the audited FY2009 Financial Report, informed the board of the advance of RM81,324,745 from NFCorp to National Meat & Livestock Corporation Sdn Bhd (NMLC), a related company in the NFCorp group.

The amount was inclusive of the RM40 million and RM9,758,140 stated in the CBT charges. Continue reading

Posted in 2015, January, Releases |

Not only clerk but 4 other Public Bank employees snooped into Salleh’s bank accounts

KUALA LUMPUR — The High Court at Kuala Lumpur before Justice Datuk John Louis O’Hara today heard that aside from a bank clerk from the Jinjang branch, four other bank employees from unrelated divisions at Public Bank Berhad had at about the same time snooped into the private bank accounts of National Feedlot Corporation Sdn Bhd (NFCorp), its related companies, its directors including its chairman Datuk Dr Mohamad Salleh Ismail.

“Yang Arif. The opposition had consulted and verified with Public Bank on my confidential banking information many times, not once, not twice but three times,” said Datuk Salleh in his testimony today.

Datuk Salleh had made this discovery after investigations by the Director of IT at Public Bank had revealed that three officers from the PB Card Services and Support Division, the Labuan Branch, and Deposit and Channel Management at its headquarters, had pried into the Plaintiffs’ accounts. One other was from the headquarters that the bank’s mainframe system was unable to identify. These branches, departments and divisions had no connection to the plaintiffs who maintained their bank accounts at the Jalan Hang Lekiu branch. Continue reading

Posted in 2014, December, Releases |

Nurul Izzah Anwar in trouble from Rafizi Ramli’s flawed conjectures

KUALA LUMPUR — Parti Keadilan Rakyat (PKR) vice president Nurul Izzah Anwar and PKR secretary general Saifuddin Nasution (defendants) are both in a tight spot over defamatory remarks cast that were based on falsehoods from flawed conjectures of confidential banking documents.

National Feedlot Corporation Sdn Bhd (NFCorp) and its chairman Datuk Dr Mohammad Salleh Ismail (plaintiffs) have taken the two to court for their wrongful actions and allegations.

Mediation talks between the parties were held today and will continue on 9 June 2014. If settlement is not reached, the matter would proceed for case management on 17 June 2014 and thereafter, to a full trial before Justice Datuk Hue Siew Kheng, said NFCorp lawyer Wan Shahrizal Wan Ladin. Continue reading

Posted in 2014, May, Releases |

Rafizi Ramli to answer for wrongful allegations against NFCorp and its chairman

KUALA LUMPUR — Case management was called today at the Kuala Lumpur High Court before Justice Datuk John Louis O’Hara for the suit between plaintiffs National Feedlot Corporation Sdn Bhd and its chairman Datuk Dr Mohamad Salleh Ismail, and defendants PKR Strategy Director and MP for Pandan Mohd Rafizi bin Ramli and MKini Dotcom Sdn Bhd.

The matter will now proceed for further case management on 3 June 2014 at 4.00 pm at the Kuala Lumpur High Court.

In their statement of claim, the plaintiffs seek for general damages, exemplary damages, aggravated damages, interest, costs and other appropriate reliefs from the court. The suit is for damages suffered by the plaintiffs as a result of lies, distortions, misrepresentations and fabrications, and the subsequent slander by the defendants. Continue reading

Posted in 2014, Releases |

NFC not NFCorp

NFC not NFCorp _malaymail_top Continue reading

Posted in 2013, October |

‘Shahrizat not part of NFCorp and NFC’

Published in Malay Mail Letters To The Editor, 30 September 2013.

nfcorp_mmail_30092013

Posted in 2013, September, Statements |