NINE QUESTIONS FOR SARAWAK REPORT: BREAKING / RMP TO RESUME EFFORTS TO INTERVIEW JUSTO IN THAI PRISON, WITH A-G HELP

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COPS TO RESUME EFFORTS TO INTERVIEW JUSTO IN THAI PRISON, WITH ASSISTANCE FROM A-G
REPORTED BY THE RAKYAT POST

KUALA LUMPUR, August 17, 2015 –

Swiss national Xavier Andre Justo’s conviction in Thailand for alleged corporate espionage and extortion, has proven to be a catalyst for police investigations here into the conspiracy to discredit Prime Minister Datuk Seri Najib Razak and his administration.

And police are expected to act swiftly for as long as Justo remains behind bars in a Thai prison, it would be their window of opportunity.

"We can interview him while he remains in prison in Bangkok, Thailand,” Inspector-General of Police Tan Sri Khalid Abu Bakar said.

"These are issues we will raise with Attorney-General (Tan Sri Mohamed Apandi Ali),” he added without elaborating.

Checks revealed the A-G could seek the cooperation of his Thai counterpart to grant access to Malaysian police to interview Justo, who was today sentenced to a three-year imprisonment by the South Bangkok Criminal Court, with no imposition of a fine.

This morning, the 49-year-old Justo pleaded guilty to a charge of blackmailing his former employer, PetroSaudi International, using highly-sensitive corporate data he had secured. It still remains uncertain if he had acted alone in securing the information or if there were others still at large.

As the blackmailing act took place in Thailand, it was the charge that was preferred by Thai police.

But it was what Thai police learnt from Justo in the course of their investigations that had far-reaching consequences.

Justo confessed to Thai police to blackmailing his former employer and also disclosed that he had met 10 foreigners, including prominent Malaysians, who had offered to purchase the computer information in his possession.

(Coincidentally, Justo’s former employer, PetroSaudi International, was previously involved in a deal with 1Malaysia Development Berhad, which was later aborted.)

It was this revelation which Thai police made public that later brought to light how former banker-turned-media tycoon Datuk Tong Kong Ooi and several others were allegedly involved in the conspiracy.

The prominent owner of the Edge Media Group has vehemently denied any involvement in such a plot, and police had recorded statements from him and his chief executive, Ho Kay Tat.

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[RELATED: CURRENT / JUSTO AND THE EDGE MEDIA GROUP – "Yes, we misled [Justo]. But that was the only way to get hold of the evidence to expose how a small group of Malaysians and foreigners cheated the people of Malaysia of US$1.83 billion (S$2.5 billion). All the more so when we know he will be upset with us because we will eventually not pay him what he wants." - Datuk Tong Kooi Ong and Ho Kay Tat - The Straits Times, July 24, 2015]

[RELATED: CURRENT / JUSTO AND THE EDGE MEDIA GROUP - "Mr Tong and Mr Ho said in their statement that if they had 'intended to tamper with the documents and that our objective was to bring down the government, surely if we had such intentions we would not tell it to someone we were meeting for the first time.'" – The Straits Times, July 24, 2015]

[RELATED: CURRENT / THE JUSTO CONFESSION ON THE STRAITS TIMES OF SINGAPORE – “Bunkum. What I have presented on 1MDB and has been clarified by The Edge and corroborated by several other official sources is a coherent explanation of events, versus the dodging, changing stories of 1MDB. - Clare Rewcastle Brown - The Straits Times, July 24, 2015]

[RELATED: CURRENT / #ICYMI: CLARE ADMITS TO CONSPIRACY RING, DEFRAUDING JUSTO – "[Justo and I] talked about his feelings and his desire to do the right thing by Malaysia often. There was never any talk but of getting out the truth." - Clare Rewcastle Brown - Malaysia Chronicle, July 25, 2015]

[RELATED: EPISODES / DRAMATIS PERSONÆ–WHO'S WHO OF CLARE BROWN –"I further request that Mr Justo is given all the protection due to a whistleblower in this situation and that proper steps are taken to investigate a grave financial fraud in which PetroSaudi International has played a major role." - Clare Rewcastle Brown - Sarawak Report, July 24, 2015]

[RELATED: BREAKING / JUSTO TO APPEAL 3-YEAR SENTENCE – "I am not a whistle-blower. I want people to know the real story, not just anything and everything written about me." - Xavier Justo - The Straits Times, September 3, 2015]

[RELATED: BREAKING / SWISS NATIONAL GIVEN 3-YEAR JAIL TERM FOR 1MDB-LINKED BLACKMAIL – "The country’s anti-corruption agency later said the $700 million was donations, effectively clearing Razak of wrongdoing." – FultonCounty.COM, August 17, 2015]

[RELATED: CURRENT / CLARE REWCASTLE BROWN'S INTERVIEW ON CHANNEL NEWSASIA REGARDING THE WARRANT FOR HER ARREST – "The Prime Minister has now finally had it announced through the Malaysian Anti-Corruption Commission that that was not anything to do with 1MDB money, which actually certainly I and I don’t know of any investigative reporters who said it was." - Clare Rewcastle Brown - Channel NewsAsia, August 5, 2015]

[RELATED: SENSATIONAL FINDINGS! PRIME MINISTER NAJIB RAZAK’S PERSONAL ACCOUNTS LINKED TO 1MDB MONEY TRAIL - MALAYSIA EXCLUSIVE - Sarawak Report, July 2, 2015]

[RELATED: CURRENT / #ICYMI: CLARE ADMITS TO CONSPIRACY RING, DEFRAUDING JUSTO – "But when it emerged they were not paying Justo, I had to deal with a lot of upset from him (Justo). I did not want to have anything to do with it but offered to try and mediate. It did not come to anything." - Clare Rewcastle Brown - Malaysia Chronicle, July 25, 2015]

[RELATED: FOCUS / CLARE REWCASTLE BROWN'S IGNORANCE OF HER OWN COUNTRY'S LEGAL CODES -"11– Obtaining services dishonestly. (2) A person obtains services in breach of this subsection if– (a) they are made available on the basis that the payment has been, is being, or will be made for or in respect of them, (b) he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and (c) when he obtains them, he knows– (i) that they are being made available on the basis described in paragraph (a), or (ii) that they might be, but intends that payment will not be made, or will not be made in full." - UK FRAUD ACT 2006, August 16, 2015]

[RELATED: BREAKING / BUSINESSMAN AT CENTER OF MAJOR MALAYSIAN CORRUPTION SCANDAL IS JAILED IN THAILAND – “I did pursue [Justo] doggedly to get the material. In the end he surrendered it for free." - Clare Rewcastle Brown - The Telegraph, August 17, 2015]

[RELATED: FOCUS / CLARE REWCASTLE BROWN'S IGNORANCE OF HER OWN COUNTRY'S LEGAL CODES – "1A– Conspiracy to commit offences outside the United Kingdom. (5) The fourth condition is that— (a) a party to the agreement, or a party’s agent, did anything in England and Wales in relation to the agreement before its formation, or (b) a party to the agreement became a party in England and Wales (by joining it either in person or through an agent), or (c) a party to the agreement, or a party’s agent, did or omitted anything in England and Wales in pursuance of the agreement. " - UK CRIMINAL LAW ACT 1977, August 11, 2015]

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Besides this, a warrant of arrest was issued by Malaysian police for Sarawak Report editor Clare Rewcastle Brown, who allegedly used the data in Justo’s possession.

Though not officially confirmed, a multi-jurisdiction investigation was already under way prior to Justo being arrested in south Thailand on June 22.

This surveillance and investigation saw the involvement of UK-based corporate risk management consultants Protection Group International (PGI).

PGI later disclosed their probe revealed information which appeared over the Sarawak Report website that seemed to have been tampered with as it was found to be “inconsistent” and “unreliable”.

Their probe also revealed there were disparities between the original contents of information and those which were published.

It was these disclosures which saw police here eager to interview Justo as soon as possible.

However, as he was under the purview of a Thai investigation, it was not possible to do so until they had secured a conviction on their matter.

('Cops to resume efforts to interview Justo in Thai prison, with assistance from A-G.' - The Rakyat Post, August 17, 2015)

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KUALA LUMPUR, August 18, 2015 —

Following the conviction of Swiss national Xavier Andre Justo in Bangkok, Malaysia’s Attorney-General’s Chambers (AGC) said today that its Thai counterpart has responded positively to its requests for evidence amid investigations here on the 1Malaysia Development Berhad (1MDB) controversy.

The AGC did not elaborate, however, on what kind of evidence it is seeking from Thailand or which probe it is meant to assist, merely saying that it is now in the process of obtaining the information.

This, it said, is in keeping with the Treaty on Mutual Legal Assistance in Criminal Matters that all ASEAN member nations are bound by.

“The Attorney General’s Chambers assures the public that all investigation papers submitted by the Royal Malaysia Police for its attention will be studied thoroughly and given the serious attention due to such allegations as these offences will affect the stability of the country,” the AGC added.

Justo, a former director of PetroSaudi International (PSI), the oil firm that entered a now-aborted joint venture deal with 1MDB in 2009, was sentenced to three years’ jail by a Bangkok court yesterday for attempting to blackmail his former employer.

The 49-year-old was charged under Section 338 of the Thai Penal Code, which carries a jail sentence of between one and 10 years, and a fine of between 2,000 baht and 20,000 baht (RM230 and RM2307).

Justo, who was arrested at his home in Koh Samui on June 22, is believed to be the source of leaked documents on PSI’s US$1.2 billion (RM4.51 billion) joint venture with 1MDB that purportedly suggest that hundreds of millions were siphoned out.

According to past reports, Justo had attempted to blackmail and extort 2.5 million Swiss Francs (about RM10 million) from PSI over the release of these purportedly incriminating documents.

Justo later admitted to the blackmail charges to the Thai police and provided information on the data from PSI that he had stolen when he left the firm in 2011.

The documents leaked by Justo were published by whistleblower site Sarawak Report (SR), which is run by London-based journalist Clare Rewcastle-Brown.

On August 4, police here confirmed that an arrest warrant has been obtained for the Sarawak-born Rewcastle-Brown for offences under Sections 124B and 124I of the Penal Code.

Section 124B, which covers activities detrimental to parliamentary democracy, stipulates that those convicted under the law will be liable to a maximum prison term of 20 years.

Section 124I, on the other hand, states that “any person who, by word of mouth or in writing or in any newspaper, periodical, book, circular, or other printed publication or by any other means including electronic means spreads false reports or makes false statements likely to cause public alarm, shall be punished with imprisonment for a term which may extend to five years.”

Commenting on the matter today, the AGC revealed that the arrest warrant was obtained following SR’s July 30 report titled, “Arrest Warrant for the Prime Minister — The Real Reason The Attorney General Was Fired”.

The report had republished what it claimed was a draft document from the AGC that showed the agency was in the final stages of preparing charges against Prime Minister Datuk Seri Najib Razak.

According to SR, the draft document was the real reason behind the unceremonious removal of Tan Sri Abdul Gani Patail from the post of Attorney-General late last month.
Abdul Gani’s successor Tan Sri Mohamed Apandi Ali has since rubbished this claim, however.

“Attorney General’s Chambers would like to emphasise to the public that these are serious offences under the law,” the AGC said today.

“It has also been brought to the Attorney General’s Chambers attention that police reports have been made against persons both within and outside the country which are being investigated under sections 124B and 124I of the Penal Code,” it added.

('AGC says received positive response from Thai counterpart after Justo jailed.' - Malay Mail Online, August 18, 2015)

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The Malaysian Attorney-General's Chambers (AGC) has received positive response from its Thai counterpart to obtain evidence from former PetroSaudi International (PSI) employee Xavier Andre Justo, who was sentenced to three years in jail for blackmail.

A statement by AGC said the evidence would be obtained under the Treaty on Mutual Legal Assistance in Criminal Matters among the Asean member countries.

Malaysia and Thailand are members of the Asean grouping.

"In light of the conviction of Mr Xavier Andre Justo, the AGC has also received a positive response from its counterpart in Thailand and is in the process of obtaining further evidence under the Treaty on Mutual Legal Assistance in Criminal Matters among the Asean member countries," the statement said.

Swiss national Justo was yesterday convicted in a Bangkok criminal court for blackmailing his former employer with information on debt-ridden 1Malaysia Development Berhad (1MDB).

The Bangkok South Criminal Court ordered Justo's jail term to start from June 22.

Justo, 49, confessed to taking information about 1MDB from PSI, an energy company.

Both were joint venture partners in a deal in 2009, in which Malaysia was allegedly cheated of US$1.83 billion.

He then tried to sell the data to a group of people whom he claimed intended to use it to topple Malaysian Prime Minister Datuk Seri Najib Razak.

While in custody, Justo also admitted to handing the stolen documents to a "prominent Malaysian businessman" who turned out to be The Edge Media Group owner Datuk Tong Kooi Ong, as well as Sarawak Report editor Clare Rewcastle-Brown.

Justo said a deal on the sale of the stolen data was reached in Singapore in February, and named those involved in his 22-page confession to the Thai police.

Both The Edge and Sarawak Report have carried exposes on 1MDB, and have been censured by the Malaysian government.

The Home Ministry has suspended two newspapers under The Edge group for three months since July 27, and blocked local access to Sarawak Report.

The AGC's statement also said it has been brought to its attention that police reports have been made against persons, both within and outside Malaysia for alleged activities that were detrimental to parliamentary democracy.

A arrest warrant has been issued in Malaysia against Rewcastle-Brown on August 5 in relation to the ongoing investigation by the police under Section 124B of the Penal Code.

This is in relation to allegations that the Sarawak Report website administered by Rewcastle-Brown had on July 30 published a false report and draft sheet in the article entitled “Arrest Warrant for the Prime Minister – The Real Reason The Attorney-General Was Fired” in order to implicate Najib with criminal offences.

"The AGC assures the public that all investigation papers submitted by the Malaysian police will be studied thoroughly as such allegations will affect the stability of the country," said AGC.

– V Anbalagan, Assistant News Editor

('Malaysia receives positive response from Thailand on obtaining evidence from Justo.' - The Malaysian Insider, August 18, 2015)

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KUALA LUMPUR, August 18, 2015 –

Police will secure evidence from convicted blackmailer Xavier Andre Justo for their investigations into serious offences committed here against the government, and Sarawak Report editor who was alleged to have uploaded a false report on her website.

For some time now, police had been anxious to secure the evidence from Justo, whom they believe can play a pivotal role in their investigations here under the Penal Code’s Section 124B and 124I.

The Attorney-General’s Chambers confirmed they were in contact with their Thai counterparts who had responded positively.

“In light of the conviction of Mr Xavier Andre Justo, a Swiss national, by the Bangkok criminal court on 17 August 2015, the Attorney-General’s Chambers has also received a positive response from its counterpart in Thailand and is in the process of obtaining further evidence under the Treaty on Mutual Legal Assistance in Criminal Matters among the ASEAN member countries,” a statement issued by the Chambers read.

The statement elaborated that police had been carrying out numerous investigations under Section 124B and 124I, and stressed that these were serious offences under the law.

Under section 124B of the Penal Code, it is a criminal offence to commit an activity detrimental to parliamentary democracy by any means, directly or indirectly, and the offence is punishable with imprisonment for a term which may extend to twenty years.

Section 124I of the Penal Code, any person who, by word of mouth or in writing or in any newspaper, periodical, book, circular, or other printed publication or by any other means including electronic means spreads false reports or makes false statements likely to cause public alarm commits an offence that is punishable with imprisonment for a term which may extend to five years.

“It has also been brought to the Attorney-General’s Chambers attention that police reports have been made against persons both within and outside the country, and these reports have been classified under sections 124B and 124I to facilitate investigations.”
In this regard, the statement added, an arrest warrant has been issued in Malaysia against Ms Clare Rewcastle Brown @ Clare Louise Brown on 5 August 2015 in relation to the ongoing investigation by the Royal Malaysia Police under section 124B of the Penal Code.

This warrant of arrest was secured in relation to allegations that the Sarawak Report website (an online publication, administered, run by, managed by Ms Clare Rewcastle Brown) had on 30 July 2015 published a false report and draft sheet in the article entitled “Arrest Warrant for the Prime Minister – The Real Reason The Attorney General Was Fired” in order to implicate the Honourable Prime Minister of Malaysia with criminal offences.

Due to serious nature of such allegations as these offences will affect the stability of the country, the Attorney-General’s Chambers assured that all investigation papers submitted by police will be studied thoroughly and given the serious attention.

('Police to secure evidence from Xavier Justo in Bangkok prison.' - The Rakyat Post, August 18, 2015)

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5.
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The Malaysian Attorney-General's Chambers (AGC) has received positive response from its Thai counterpart to obtain evidence from former PetroSaudi International (PSI) employee Xavier Andre Justo, who was sentenced to three years in jail for blackmail.

A statement by AGC said the evidence would be obtained under the Treaty on Mutual Legal Assistance in Criminal Matters among the Asean member countries.
Malaysia and Thailand are members of the Asean grouping.

"In light of the conviction of Mr Xavier Andre Justo, the AGC has also received a positive response from its counterpart in Thailand and is in the process of obtaining further evidence under the Treaty on Mutual Legal Assistance in Criminal Matters among the Asean member countries," the statement said.

Swiss national Justo was yesterday convicted in a Bangkok criminal court for blackmailing his former employer with information on debt-ridden 1Malaysia Development Berhad (1MDB).

The Bangkok South Criminal Court ordered Justo's jail term to start from June 22.
Justo, 49, confessed to taking information about 1MDB from PSI, an energy company.
Both were joint venture partners in a deal in 2009, in which Malaysia was allegedly cheated of US$1.83 billion.

He then tried to sell the data to a group of people whom he claimed intended to use it to topple Malaysian Prime Minister Datuk Seri Najib Razak.

While in custody, Justo also admitted to handing the stolen documents to a "prominent Malaysian businessman" who turned out to be The Edge Media Group owner Datuk Tong Kooi Ong, as well as Sarawak Report editor Clare Rewcastle-Brown.

Justo said a deal on the sale of the stolen data was reached in Singapore in February, and named those involved in his 22-page confession to the Thai police.

Both The Edge and Sarawak Report have carried exposes on 1MDB, and have been censured by the Malaysian government.

The Home Ministry has suspended two newspapers under The Edge group for three months since July 27, and blocked local access to Sarawak Report.

The AGC's statement also said it has been brought to its attention that police reports have been made against persons, both within and outside Malaysia for alleged activities that were detrimental to parliamentary democracy.

An arrest warrant has been issued in Malaysia against Rewcastle-Brown on August 5 in relation to the ongoing investigation by the police under Section 124B of the Penal Code.

This is in relation to allegations that the Sarawak Report website administered by Rewcastle-Brown had on July 30 published a false report and draft sheet in the article entitled “Arrest Warrant for the Prime Minister – The Real Reason The Attorney-General Was Fired” in order to implicate Najib with criminal offences.

"The AGC assures the public that all investigation papers submitted by the Malaysian police will be studied thoroughly as such allegations will affect the stability of the country," said AGC.