Forex losses by Bank Negara Malaysia, Facts were concealed; Mahathir, Anwar and Nor Mohamed implicated: RCI

Important report: RCI Secretary Datuk Dr Yusof Ismail speaking to media after submitting a police report over Bank Negara forex trade losses in Putrajaya.

THE Royal Commission of Inquiry into the foreign exchange losses suffered by Bank Negara Malaysia (BNM) back in 1990s has recommended that three people be probed over their involvement and liability.

They are former prime minister Tun Dr Mahathir Mohamad, his then finance minister Datuk Seri Anwar Ibrahim and ex-Bank Negara advisor Tan Sri Nor Mohamed Yakcop, whom the report also named as “principally liable for criminal breach of trust”.

The 524-page report also called out Tun Daim Zainuddin, who served as finance minister from July 14, 1984 to March 15, 1991, for having aided and abetted Nor Mohamed by leaving BNM “to its own devices”.

The commission found that the Cabinet in the 1990s was not given the full picture by Anwar on the forex losses, adding that he had “deliberately concealed facts and information and made misleading statements”.

“The Commission is of the opinion that there was deliberate concealment as BNM’s annual reports did not state the actual losses incurred from the forex dealings from 1992 to 1994.

“It is also of the opinion that the then prime minister (Dr Mahathir) had condoned the actions of the finance minister,” it said.

The RM31.5bil losses, it said, were hidden using “unconventional accounting treatments”, such as booking losses to reserves in the balance sheet and the absorption of the remaining losses by the transfer of shares from the Government to BNM as well as the creation of a “Deferred Expenditure” to be repaid in instalments over a decade.

“All the actions to conceal the losses were discussed and approved by the board of directors before the accounts were signed off by the Auditor-General.

“No further action was taken by the Finance Minister and Treasury secretary-general (as a board member) despite being informed by the Auditor-General on the losses and the unusual accounting treatments,” said the report.

Anwar, noted the Commission, had been informed about the actual forex losses suffered by BNM.

Dr Mahathir, it said, was informed by Anwar together with then Treasury deputy secretary-general Tan Sri Clifford Francis Herbert in late 1993 that BNM had suffered estimated losses of RM30bil on the forex dealings for 1992 and 1993.

However, in the extract of minutes from three Cabinet meetings on March 30, April 6 and 13 in 1994, Anwar had made “no mention of the actual losses of RM12.3bil for 1992 and RM15.3bil for 1993.”

Anwar had chaired the March 30 meeting as the deputy prime minister. The losses for 1993 were reported as RM5.7bil.

“The prime minister, who chaired the meeting on April 6, did not correct or offer more information when the forex losses for 1993 were recorded as only RM5.7bil,” it pointed out.

“The Commission is of the view that it is the finance minister’s responsibility to inform the Cabinet the significant financial affairs about BNM as the Cabinet has collective responsibility with the finance minister and the prime minister for the country’s affairs.”

Dr Mahathir, it said, claimed to have no knowledge of the real amount of losses, which was untenable with his meticulous nature, as well as that under the law, BNM was the banker and financial agent to the Government with the remainder of its net profit to be paid into the Federal Consolidated Fund.

The report said as pointed out by Herbert, he had expected Dr Mahathir to be outraged but his reaction was quite normal with him uttering “sometimes we make profit, sometimes we make losses”.

“His reaction to and acceptance of the huge forex losses suggest that he could have been aware of the forex dealings and its magnitude,” said the report.

The RCI also found Dr Mahathir’s claim that he could only remember the amount of RM5bil forex losses when informed about it in a meeting with Anwar and Herbert in late 1993 to be “questionable”.

It said this was because based on testimonies of other witnesses and documentary evidence, the RM5.7bil only surfaced when Bank Negara’s 1993 annual report was presented to the Cabinet on March 30, 1994.

“Despite his denials, the Commission is of the opinion that a thorough investigation should be carried out to determine the extent of his involvement and liability,” said the report.

By Martin Carvalho, Hemananthani Sivanandam, Loshana K. Shagar, and Rahmah Ghazali The Star

Police set up taskforce to probe possible criminal offences over Bank Negara's forex losses

Inspector-General of Police Tan Sri Mohamad Fuzi Harun says police will open investigation paper following a report that was lodged by Royal Commission of Inquiry (RCI) secretary Datuk Dr Yusof Ismail. (Image is for illustration purpose only).

KUALA LUMPUR: Police have set up a taskforce to investigate possible criminal breach of trust and cheating which may have been committed during Bank Negara Malaysia’s foreign exchange losses in 1990s

Inspector-General of Police Tan Sri Mohamad Fuzi Harun said police would open investigation paper as the forex Royal Commission of Inquiry (RCI) had lodged a police report this afternoon.

“A taskforce has been formed and it will lead the investigation. We are investigating the case under Section 409 of the Penal Code for criminal breach of trust,” he told the New Straits Times when contacted.

RCI’s secretary Datuk Dr Yusof Ismail, who is the Finance Ministry Strategic Investment Division director, had lodged a report at Putrajaya police headquarters at 4.10pm asking police to start an official investigation.

In the police report, it was stated that those who were involved in the alleged wrongdoings were Bank Negara Malaysia (BNM) officers, BNM Board of Members, National Audit Department, Finance Ministry and the prime minister who served during the period.

Royal Commission of Inquiry (RCI) secretary Datuk Dr Yusof Ismail seen leaving the Putrajaya police headquarters after lodging a report. Pic by AHMAD IRHAM MOHD NOOR

The RCI, in its 528-page report that was tabled in Parliament today, said it believed that Datuk Seri Anwar Ibrahim, who was Finance Minister at the time, had misled the government and concealed the actual losses suffered by BNM.

RCI also said it believed that the prime minister at the time, Tun Dr Mahathir Mohamad, had approved Anwar’s “misleading statements”.

The commission also revealed that the losses were far larger than that what was initially reported by the central bank, RM31.5 billion as against RM5.7 billion, in the period of three years.

Yusof spent almost 40 minutes at the police headquarters and later spoke to reporters who were waiting outside.

He said in the report, the commission had requested the police to start a official investigation on the possible criminal breach of trust, forgery and other wrongdoings which may have been committed during the forex activities.

"Our report is basically requesting the police to start investigation and for the Attorney-General Chambers to take action based on the findings by the police," he said.

Putrajaya OCPD Asst Comm Rosly Hassan who confirmed that the report was made, said a special unit in Bukit Aman would investigate the case.

By TEOH PEI YING and HASHINI KAVISHTRI KANNAN New Straits Times


Related Links:

PROBE NOR MOHAMED, DR Mabatbjr, ANWAR - PressReader

It recommends that they be investigated for possible CBT, fraud

• New Straits Times

FILE PIC

Former finance minister Tun Daim Zainuddin after giving his statement to the Royal Commission of Inquiry in September.

THE RCI believes Datuk Seri Anwar Ibrahim had concealed Bank Negara’s actual forex losses from the cabinet, and that Tun Dr Mahathir Mohamad condoned his actions. The panel, in confirming that RM31.5 billion was lost, says there are grounds to investigate them for criminal breach of trust and fraud.

THE Royal Commission of Inquiry (RCI) into Bank Negara Malaysia’s (BNM) foreign exchange (forex) losses in the 1990s has recommended investigations against former prime minister Tun Dr Mahathir Mohamad and his one-time deputy, Datuk Seri Anwar Ibrahim.

The RCI, in its 528-page report that was tabled in the Dewan Rakyat yesterday, said the duo had concealed facts from the cabinet.

It also recommended that Dr Mahathir and Anwar be investigated for criminal breach of trust and fraud.

“There is a basis for an official police investigation into BNM board of directors, National Audit Department, then finance minister and prime minister for criminal breach of trust and fraud in the performing of the speculative forex transactions and in hiding the losses from the cabinet and Parliament,” the report said.

Former BNM adviser Tan Sri Nor Mohamed Yakcop was also implicated as the commission found that he was responsible for the billions of ringgit in losses.

RCI had recommended that Nor Mohamed be investigated for alleged criminal breach of trust and for allegedly contravening the Central Bank Ordinance 1958.

The commission also found that former finance minister Tun Daim Zainuddin had allegedly abetted Nor Mohamed. Daim was finance minister until 1991 before he was replaced by Anwar.

BNM lost RM31.5 billion in forex trading between 1992 and 1994. Nor Mohamed was in charge of several portfolios in BNM at the time, including the management of external reserves.

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Malaysia's Vision 2020: Falling apart with alarming speed; Dr M is creator and destroyer, said Musa

KUALA LUMPUR: Former Deputy Prime Minister Tun Musa Hitam said Malaysia’s Vision 2020 objective was “falling apart” with “alarming speed”, and he blames Tun Dr Mahathir Mohamad for it.

In his keynote speech at an event to mark the sixth anniversary of the Institute for Democracy and Economic Affairs (Ideas), Musa said this was because the former premier did not train leaders but instead chose to retain and train followers instead.

“It is ironic that Dr Mahathir’s vision is now certain to fail because of Dr Mahathir himself.

“Brilliant as he was, he forgot that in order to succeed he needed to train leaders at all levels, but most importantly, political leaders.

“But his personal leadership record shows that he did away with all potential leaders, and retained and trained followers,” Musa said in his speech.

He said in the last few years, the behaviour of certain people in government and politics seemed to be based on struggles which prioritised personal survival.

“By now, we should just be about ready to cross the line of definition from ‘developing’ to ‘developed’.

“Unfortunately, though, it seems to me that the 2020 dream is falling apart with alarming speed,” he said.

Musa was Dr Mahathir’s deputy from 1981 to 1986, when he resigned due to differences with the then Prime Minister.

He then joined forces with Tengku Razaleigh Hamzah who mounted a challenge to Dr Mahathir’s position as Umno president in 1987. Dr Mahathir retained his position with a narrow majority of 43 votes at the Umno election.

Ideas chief executive Wan Saiful Wan Jan, in his speech said that the institute’s mission has been the same throughout its six years.

“It is to improve the level of understanding and acceptance of public policy based on the principles of rule of law, limited government, free markets and individual liberty”.

Ideas was set up on Feb 8 to coincide with the birth date of Tunku Abdul Rahman, who died on Dec 6, 1990 at the age of 87.

Musa Hitam: Dr M is creator and destroyer of Vision 2020  

PETALING JAYA: Former prime minister Tun Dr Mahathir Mohamad was both the creator and destroyer of Vision 2020, according to Tun Musa Hitam (pic).

Musa, who was the deputy prime minister from 1981 to 1986, said his ex-boss had undone the dream when he chose to remove potential leaders and train followers instead.

"Those followers ended up taking over the leadership of the country after he left office," he added.

"It is ironic that Dr Mahathir's vision is now certain to fail because of Dr Mahathir himself.

"Brilliant as he was, he forgot that in order to succeed, he needed to train leaders at all levels, but most importantly, political leaders.

"His personal leadership record shows that he did away with all potential leaders and retained and trained followers! It is mostly these trained followers that had taken over the leadership of the country," Musa said on Saturday.

He was speaking at a special function commemorating the 113th birthday of the nation's first prime minister, Tunku Abdul Rahman, organised by the Institute for Democracy and Economic Affairs (Ideas).

Musa said Malaysia was in its current state because of the failure of leadership, adding that the followers Dr Mahathir had groomed in his 22-year tenure were not coordinated in administering the country.

"These trained followers are dedicated and loyal to whoever sits at the very top. They need to be, in order to survive.

"It seems to me that the 2020 dream is falling apart bit by bit but with alarming speed. The way it is, I am now certain that we will not reach our goal of Vision 2020," he said.

Vision 2020 was introduced by Dr Mahathir in 1991, ten years into his tenure as prime minister, as an objective for Malaysia to attain fully-developed nation status by 2020.

The goal has remained a key objective of his successors, including present Prime Minister, Datuk Seri Najib Tun Razak.

Dr Mahathir, a fierce critic of Najib, however, claimed last year that the current administration would not succeed in achieving Vision 2020.

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Let there be a better year ahead

It's not been a year to shout about with a litany of woes plaguing the country and much of the world. But as 2015 comes to an end, it's time to count of blessings and hope for better times ahead.

IT feels like only days ago that we were wishing everyone a Happy New Year and suddenly it’s time for Merry Christmas. But between Happy and Merry, there has been little joy, has there?

It’s not been a year to look back upon with much fondness.

The ringgit is down, oil prices are down, the economy is down, and many of the people are feeling down, too. And it’s not just in Malaysia. Throughout much of Asia and many countries around the world, it has not been good news.

For us, there was the GST, an all-encompassing tax that has had many people grumbling.

But it brought a hitherto little-known Customs officer to fame. Datuk Subromaniam Tholasy was the face of the tax as the GST director and the man truly believes that this value-added tax is the way to go for the country.

Thus, he worked very hard for it despite the many brickbats. But it was not without its problems. There was the on-off-and-on again prepaid phone card tax problems.

The latest to make the rounds is the supposed GST on tolls. It has been clarified that GST will be charged on the 50sen service charge on Touch ‘N Go top-ups. So, it’s now 53 sen.

Tolls rates may go up soon. And the electricity tariff, too. It’s not going to get lighter on the pocket anytime soon.

Politically, it’s been a problematic year. Almost all parties are in turmoil. The 1MDB controversy and a RM2.6bil donation haunted Umno and saw the Deputy Prime Minister being ousted, only the second time that this has happened in the country. The first deputy prime minister to be ousted was also in the news – he has been sent to jail.

The man who first ousted a deputy, Tun Dr Mahathir Mohamad, is also in the news. He wants to oust the current Prime Minister who ousted his deputy. It’s a merry-go-round that’s not so merry. This intense bickering is something that will go down in history.

Talking of history, Tan Sri Wong Pow Nee has been left out of the history books. This man was a true leader. I remember meeting him as a boy when he was the first Chief Minister of Penang. He came over to where the children were, patted them on their heads and told them all to study hard – and he spoke in Tamil! The man was a linguist and one who truly cared for all.

Great man: Wong was the first chief minister of Penang.

The first chief minister of Penang and a member of the Cobbold Commission that first drew up a working Constitution has been ignored in our history books. The reason? They didn’t want too many figures from the peninsula in the books, and wanted to balance the numbers with those in Sabah and Sarawak.

It makes no sense to me. History is history, it’s not a Maths lesson on the law of probabilities. MCA and MIC leaders were there at the birth of the nation and deserve to be recognised. The MCA is now fighting hard to have Wong, who made the declaration of Independence in Penang, recognised as one of the leaders involved in the early years of the nation.

The MIC is also, well ... fighting. Why they are fighting is hard to figure out as there are two factions, each claiming to be the rightful leadership.

It’s not just the Barisan Nasional. Things are even stranger on the other side. PKR is working with PAS to ensure the Selangor government is not rocked although PAS leaders are getting friendlier and friendlier with PKR’s arch-enemy Umno. DAP is at loggerheaders with PAS but works with PKR, again to ensure the Selangor government is not shaken.

In Penang, DAP has no time for PAS and PKR leaders are not happy with DAP. It’s a bit confusing. The ongoing rapid development is not helping things either.

Penangites love the island as it is, with as little change as possible. After all, the people are the living heritage of the place. I should know – I am a Penangite myself.

Elsewhere, too, there has been much misery. The two great Penangite sporting Datuks – Nicol David and Lee Chong Wei – have had a forgettable year.

Nicol is no longer the invincible girl she once was and has dropped out of the world No 1 ranking while Chong Wei was embroiled in a doping scandal, and spent the early half of the year serving out a suspension.

His return wasn’t remarkable and after some spectacular flops, he is finally picking himself up and could bring us all good news next year.

And never rule Nicol out. That lass has it in her to come back fighting every time she falls.

So, while much of the major news has been bad, it is the little people who have delivered the good news – those who continued feeding the poor even when the authorities wanted to ban them and throw the homeless into “reservations”, those who continue to teach the needy in the streets and in their homes and those who reach out to help regardless of age, race and religion.

And the year also saw the advent of G25, a moderate movement to stem the tide of extremism. Racial ties have not been at their best with some loud-mouthed leaders but the common folk are the ones rallying together.

The education system has again been called into question with several flip-flop decisions on English and the deaths of five orang asli children in Pos Tohoi. But even out of that came heroes who cared for the rural folk, the poor and the indigenous.

These are the people who we can depend on to keep the country intact - the way it was intended to be by our founding fathers.

Let’s hope the new year brings up better tidings, even if it is the common man who has to deliver them.

Why not?  By Dorairaj Nadason  - The writer, who can be reached at raj@thestar.com.my, wishes all readers Salam Maulidur Rasul, Merry Christmas and, yes, a Happy New Year once again.