Ratione materiae

Fourth Prime Minister Tun Dr. Mahathir Mohamad could be mistaken in his opinion about Prime Minister Dato’ Sri Mohd. Najib Tun Razak could be arrested by Interpol for money laundering, when the latter travels abroad.

Pro-Anwarista news portal story:

Najib risks arrest if he travels abroad, says Dr Mahathir

BY V. ANBALAGAN, ASSISTANT NEWS EDITOR

Published: 20 September 2015 9:51 AM
Tun Dr Mahathir Mohamad has drawn a grim picture on the possibility of Datuk Seri Najib Razak being arrested by Interpol if foreign countries investigate the prime minister for alleged money laundering.
“He could also be arrested if he left the country. So he has to remain here, like how he withdrew the passports of some people and barred them from going overseas,” the statesman said in a video uploaded on the blog “Din Turtle”.

The longest-serving prime minister said this during a meeting with Kumpulan Melayu Berani Bersatu at a restaurant in Kuala Lumpur on Friday afternoon.

Dr Mahathir said domestic laws were applicable only if crimes were committed locally.
“But if a crime has some connection with a foreign country, that nation has power (to investigate and prosecute),” he said.

Dr Mahathir cited the fate of Sudanese president Omar al-Bashir who is now wanted by International Criminal Court to stand trial on various charges such as the genocide in Darfur.

The United Nations says the court’s warrant for Omar must be implemented by countries who have signed the Rome Statute.

“He (Omar) could be arrested if the country he was visiting concurred with the alleged crime,” Dr Mahathir said.

He said if countries like Switzerland, England and the United States believe that Najib had allegedly been involved in money laundering, they could enlist Interpol to arrest him.

Dr Mahathir also felt Najib would not resign but only through possibility of prosecution outside Malaysia.

Najib has come under intense criticism over the financial scandals surrounding state investment vehicle 1Malaysia Development Berhad and for receiving RM2.6 billion in political donations.

“That is only a possibility based on the current international law,” he added.

Former Batu Kawan Umno vice-chief Datuk Khairuddin Abu Hassan was reported to have travelled to countries in Europe and Asia to push for investigations over alleged discrepancies of debt-ridden 1MDB.

Najib is chairman of 1MDB’s advisory board.

The Umno man handed over evidence to the Swiss authorities on August 20 and urged them to investigate the state investment arm’s activities involving Swiss and international banks.

He insisted that he only acted in the country’s best interests.

Khairuddin was scheduled to meet agents from the Federal Bureau of Investigation (FBI) in the US on Monday but found last Friday that a travel ban had been imposed on him.

He was arrested by police for allegedly attempting to overthrow the government. Police have obtained a six-day remand against him.

The Wall Street Journal today reported that the FBI has started investigations into allegations of money laundering. – September 20, 2015.

– See more at: http://www.themalaysianinsider.com/malaysia/article/najib-risks-arrest-if-he-leaves-the-country-says-dr-mahathir#sthash.EsLiNWqo.dpuf

**************

The Malay Mail Online reported that Tun Dr. Mahathir was talking about global money laundering.

Dr M claims global money-laundering probes could open PM to arrest

Sunday September 20, 2015
11:13 AM GMT+8
KUALA LUMPUR, Sept 20 ― Ongoing investigations by foreign countries into alleged money-laundering activities linked to 1Malaysia Development Bhd (1MDB) may open the prime minister to arrest abroad if any wrongdoing is proven, according to Tun Dr Mahathir Mohamad.

Speaking at a meeting with an NGO named Kumpulan Melayu Berani Bersatu on Friday, Dr Mahathir said that there was a “possibility” that such a scenario could happen.

“Those countries ― Switzerland, Britain, America ― if they find Najib doing any money laundering (activities) they can ask Interpol to arrest him if he goes overseas.

“So he (Najib) has to remain here, like how he withdrew the passports of some people and barred them from going overseas,” the said in a video uploaded on the blog “Din Turtle”.

Dr Mahathir added that domestic laws were applicable only if crimes were committed locally.

“But if a crime has some connection with a foreign country, that nation has power (to investigate and prosecute),” he added, citing the case of Sudanese president Omar al-Bashir as an example.

Omar is now wanted by International Criminal Court to stand trial on genocide charges in Darfur.

The former prime minister did not, however, specify how the probes abroad were linked directly to Datuk Seri Najib Razak.

The Federal Bureau of Investigation (FBI) in the United States is now probing entities connected to 1MDB over alleged money-laundering activities in the country, the Wall Street Journal (WSJ) reported today citing an anonymous source.

But the immediate subject of the FBI investigation is not currently known.

The WSJ pointed out, however, that its previous report alleging that US$700 million (RM2.9 billion) was funnelled into PM Najib’s accounts involved two deposits made via US banks, a Swiss international bank and Wells Fargo in New York.

The US investigation on 1MDB is the latest announce by a foreign country, following reports of probes in Switzerland, the SAR of Hong Kong, and the United Kingdom.

The probes were reportedly prompted by reports lodged by former Umno leader and 1MDB critic Datuk Seri Khairuddin Abu Hassan, who was arrested on Friday and remanded for another six days yesterday.

The WSJ has published a series of reports detailing dubious activity allegedly involving 1MDB, beginning with an exposé in July on the US$700 million deposit in Najib’s accounts.

Najib has denied any impropriety over the US$700 million donation, which was described as a political donation to the Umno party that he heads.

– See more at: http://www.themalaymailonline.com/malaysia/article/dr-m-claims-global-money-laundering-probes-could-open-pm-to-arrest#sthash.SsRnVexd.dpuf

*************

The fact is that under the international law, the Head of State and Head of Government enjoys the immunity blanket from prosecution rationae materiae (Functional immunity).

The case that Tun Dr. Mahathir cited, which is against President Omar al-Bashir of Sudan, is about genocide in Darfur. That is crime against humanity.

The International  Criminal Court which was mentioned by the Fifth UMNO President is incepted to try four types of international crimes; genocide, crimes against humanity, war crimes and the crime of aggression.

It is also four these hedious crimes where the nation that the leader resides or rule is unable to take them, to face the law.

Malaysia is neither a signatory to the treaty of the ICC nor the Rome Statute.

It is believed that this was mentioned, in line with persons closely associated to Tun Dr. Mahathir, former Politcal Secretary Matthias Chang and former Batu Kawan UMNO Vice Chief Khairuddin Hassan were recently barred from leaving the country.

It is also believed that Khairuddin was on his way to New York, to meet FBI agents with regards to alleged crimes committed by Prime Minister Najib.

image

The duo have been busy travelling to several European countries lately and attempting to meet law enforcement officials, in their sordid agenda to build cases against Prime Minister Najib pertaining to 1MDB and the so called ‘donation’, from yet to be named individual from West Asia.

Regardless, Tun Dr. Mahathir could be misleading some of the hopefuls to watch Prime Minister Najib be ousted by an arrest when the latter is abroad.

It is misleading statements like this that would confuse the public more. The arrest would not happen and the Malaysian public perception view the leadership would spiral towards more chronic confusion.

It would not be good for the nation, which is having tough challenges to weather the current economic crisis.

Published in: on September 21, 2015 at 01:00  Comments (24)