-Nalini Elumalai, Executive Director, September 10, 2012.
SUARAM condemns the Domestic Trade Minister for making a statement that SUARAM will be prosecuted and that our accounts are “highly suspicious” even when the investigation is still ongoing. SUARAM has all along complied fully with the Companies Act in our dealings and our accounts are fully audited every year. This can only be seen as a political set up to frame SUARAM because of our complaint to the French court to investigate suspected corruption in the Scorpene deal.
The BN government has embarked on this shameful frame-up to the extent by perverting the government agencies and civil servants for this purpose. It is clear that these desperate actions by the government are attempts to discredit SUARAM and its selfless service to the Rakyat and to stop SUARAM from revealing further damning evidence relating to the Scorpene scandal. These are also a political diversion from the highly suspicious activities and accounts of Perimekar Sdn Bhd and Terasasi Sdn Bhd, two companies exposed through the investigations in Paris and which the CCM has still not investigated.
SUARAM is determined to fight for human rights and civil liberties for as long as oppression and injustice exist in this country. We have been performing this selfless work for 23 years without any complaints from any quarters until now.
Given below is the chronology of events so far:
On 3rd July 2012, a team of officers from CCM led by Assistant Registrar, Azahari Ab Rahman had attempted to serve a Notice of Inspection pursuant to s7B of the Companies Act 1965 to Suara Inisiatif Sdn Bhd, however it was pointed out by SUARAM that the said notice was defective and hence, invalid. One officer from the CCM scheduled and informed SUARAM that the CCM team will return at 10:30AM the next day.
On 4th July 2012, the Directors, Chairman, secretariat members and staff of Suara Inisiatif Sdn Bhd together with lawyers have arrived at the organisation’s office at or about 10:00AM in anticipation of the CCM’s scheduled visit to re-serve a proper s7B notice. However, the team of officers arrived at the office at or about 5:53PM, long after the persons authorised to accept service have taken leave for home.
The team left the office when they could not serve a set of revised notices despite the staff offered to accept service on behalf of Suara Inisiatif Sdn Bhd. An offer by SUARAM to arrange service on another date was also turned down by the Assistant Registrar. In the absence of an affirmative date of service, SUARAM is put to the expense of CCM’s convenience to serve the revised set of notices as and when it fits the CCM most. SUARAM views this as an attempt by the government to destabilize the organisation through harassment and intimidation tactics.On the 6th July 2012, SUARAM has received Notices of Inspection pursuant to s7B(2) and s7(11)(a) of the Companies Act 1965 from the Companies Commission Malaysia (“CCM”) vide registered mail. The said notices require directors, Dr. Kua Kia Soong and Dr. Yeoh Seng Guan to produce information and documents to the CCM on the 13th July 2012. For the interest of the public, a brief update on the status of inspection is summarized below.
On the 13th of July 2012, SUARAM together with their lawyers were present at the CCM office. In view of the short notice and the need for clarification on the information and documents requested by CCM, we have applied for an extension of time to compile and furnish 4 year records for the CCM. Our lawyers explained to the CCM that the information and documents set out in the notices to all parties are substantially similar and to facilitate the process, CCM should consolidate the notices. Fresh notices with similar content were served to Dr. Yeoh Seng Guan and our Finance Manager, Danapakiam Savari on even date at the CCM office. The earlier notices (3 attempts) to all parties were effectively cancelled by CCM.
On 20th July 2012, in compliance with the notices of inspection dated 13th July 2012 and CCM’s clarification on the requested information and documents vide letter dated 18th July 2012, we produced the following information and documents to the CCM:-
i. List of detailed information on administrative expenses for the year ended 2008-2011;
ii. List of detailed information on company’s business activities for the year ended 2008-2011;
iii. General ledger including Trial Balance and Chart of Accounts;
iv. Supporting documents related to income including letters, cheques, contracts, bank statements, receipts, invoices and Delivery Orders; and
v. Supporting documents related to expenses, including bank statements and staff listing.
Subsequently, PERKESO had, in a notice dated 3rd August 2012, ordered SUARAM to produce a list of documents to the office on 30th August 2012. In compliance to the notice, we had produced the requested documents to the office. However, to our surprise, the officer in charge was clueless to our presence even after being shown the letter sent to us which were signed off by none other than himself. This was despite a strict warning in the letter stipulating a fine up to RM10, 000.00 or 2 year imprisonment or both in the event of non-compliance.
The same day, Domestic Trade, Cooperatives and Consumerism Minister, Ismail Sabri Yaakob had stated in a press conference that SUARAM’s accounts are highly suspicious. He maintained that CCM’s investigation on SUARAM was not politically motivated despite the obvious on-going campaign against SUARAM. An UMNO lawyer had also implied that SUARAM is money laundering terrorist organisation and called upon Bank Negara to take immediate actions against SUARAM.
On the 5th September 2012, CCM has seized documents from SUARAM’s Company Secretary and auditors notices pursuant to S7C and S7D(1) of the Companies Act 1965 to search, seize and detain documents related to Suara Inisiatif Sdn Bhd.
7th September 2012, The Companies Commission of Malaysia (“CCM”) has served notices for investigation pursuant to Section 7D (1) of the Companies Act 1965 to Suara Inisiatif Sdn Bhd on 7th September 2012, at or about 10:30AM.
Dr. Kua Kia Soong, Dr. Yeoh Seng Guan and Executive Director, Nalini Elumalai are required to be present at the CCM office for investigation on the 13th September 2012, while Finance Manager, Danapakiam Savari and Refugees Coordinator, Sarah Devaraj are required to be present on 11th September 2012.
On 7th September 2012, Wisma Putra had expressed its intention to summon the German Embassy in Kuala Lumpur to explain the alleged channeling of funds to Suara Inisiatif Sdn Bhd for activities that show its “…partiality to certain issues that have implications on Malaysia’s domestic situation…”
8 September 2012, Domestic Trade, Cooperatives and Consumerism Minister Ismail Sabri Yaakob said the Companies Commission of Malaysia (CCM) had identified five charges under the Companies Act 1965 to be made against Suara Inisiatif Sdn Bhd (Suara Inisiatif).
