“NFC is shocked and puzzled that the Bukit Aman director of commercial crimes Syed Ismail Syed Azizan had prematurely issued such a statement when he himself had admitted that the investigations are still ongoing and therefore still incomplete,” it said in a statement.
The statement prepared by the firm’s public relations department stated that the company is addressing the police claim on advice of its counsel Shafee Abdullah.
“NFC questions the prudence and motive behind such a statement as it seems to be an attempt to unfairly pre-empt the honourable attorney-general’s decision over the matter.
“Is the director of commercial crimes attempting to usurp the powers of the honourable attorney-general who in law is the sole authority under the constitution to decide if there is a crime or not for purposes of prosecution?” asked NFC further.
‘Not a criminal matter’
NFC argued that the companies where the funds were channeled to, were always meant to be its subsidiaries with its directors also sitting on the boards of the other companies.
The transfers, it argued, were part of a 2009 proposal to novate the loan agreement, and rationalise the company structure, bringing all associated companies and assets within the NFC so that the government loan will be better secured.
NFC contended that the commercial crimes investigation department “had failed to understand the dynamics of the facts and the law in the issue”.
The company argued, that according to Shafee, any breaches in its loan agreement on funds not being used for its intended purpose already has a civil remedy inbuilt in the loan agreement and therefore “not a criminal matter”.
The company contends that Shafee also added that the fact that NFC is rationalising the various associated companies shows it had no dishonest intentions.
“NFC wishes to enquire the police if, in their investigations, they had paid enough consideration to the fact that there is total lacking of the elements of dishonesty in this case, which is a primary ingredient of CBT and cheating?” said the company questioning the police further.
NFC: Truth will prevail
The company however, said that it will continue to extend its cooperation to police and the Malaysian Anti-Corruption Commission, to “ensure that the truth prevails”.
NFC’s statement were made following media reports quoting Syed Ismail stating that police investigations into the RM250 million cattle venture issue had indicated that there were elements of CBT and cheating, recommending the firm’s chairperson be charged.
The chairperson is the husband of Shahrizat Abdul Jalil, the women’s, family and community development minister.
The Bukit Aman commercial crimes investigations director said the proposal was in the investigation paper being prepared by police after it had been returned from the attorney-general's office on Tuesday to investigate several other matters.
The firm owned by Shahrizat’s family grabbed headlines after irregularities pointed out by the Auditor General’s report became follow up fodder for the opposition, who made more allegations of improper financial conduct, causing public outroar.-malaysiakini
Najib: Up to A-G to prosecute NFCorp directors
Datuk Seri Najib Razak said today it is up to the Attorney-General (A-G) to decide whether to charge National Feedlot Corporation (NFCorp) directors with criminal breach of trust (CBT), stressing that not all investigations result in prosecution.
The prime minister said the A-G holds absolute power under the Constitution to decide if a case has sufficient evidence to be accepted in court, failing which the latter could also return the matter to the police for further investigation.
“I am saying this on the principle that assumptions cannot be made on
what is going to happen (next) because it is up to the A-G ... and only
he has the right to make the decision in this matter,” Najib told
reporters after attending a function here today.
He added that prosecutions cannot be decided upon indiscriminately as
the case must first satisfy legal provisions before it is brought to
court.
“We cannot make the assumption that all investigations end with prosecution,” he said.
CCID director Datuk Syed Ismail Syed Azizan yesterday confirmed that the police would recommend that the Attorney-General’s Chambers charge NFCorp’s directors with CBT. But in a statement here today, NFCorp denied any CBT elements in its loan agreement with the government, even accusing the police of “unfairly” pre-empting the charge.
The company even sought to question the motives of Syed Ismail for recommending CBT charges against it yesterday, claiming the police had failed to understand the case’s “dynamics of the facts and the law”.
“NFCorp therefore wishes to enquire the police if, in their
investigations, they had paid enough consideration to the fact that
there is total lacking of the elements of dishonesty in this case, which
is a primary ingredient of CBT and cheating?” the firm said in the
statement.
NFCorp, which operates the national cattle-farming project, is chaired by federal minister Datuk Seri Shahrizat Abdul Jalil’s husband, Datuk Seri Mohamad Salleh Ismail. Their three children also hold executive posts in the company.
The NFC hit the headlines after it made it into the Auditor-General’s Report last year, and has continued to hog the limelight after it was linked to Shahrizat and her family.- malaysian insider
NFCorp ‘terkejut dan keliru’ dengan kenyataan awal Bukit Aman...
Pusat Fidlot Nasional di Gemas, Negri Sembilan. — Gambar fail
Sambil menyifatkan kenyataan itu “terlalu
awal”, NFCorp mempersoalkan motif di sebaliknya kenyataan itu mendakwa
Syed Ismail bertindak di luar bidang kuasa.
“Kedua, nampaknya Ketua Pengarah Jenayah
Komersial telah lupa bahawa syarikat-syarikat berkaitan NFCorp di mana
dana disalurkan adalah anak-anak syarikat NFCorp,” kata syarikat yang
diterajui keluarga Datuk Seri Shahrizat Abd Jalil.
Kata kenyataan itu lagi, Syed Ismail seolah-oleh tidak memahami fakta penting dan undang-undang dalam isu NFCorp.
“NFCorp terkejut dan keliru dengan kenyataan
yang terlalu awal oleh Syed Ismail walaupun beliau mengaku siasatan
masih berjalan dan masih belum lengkap.
“NFCorp mempersoalkan motif di belakang
kenyataan itu, dilihat satu percubaan secara tidak adil untuk
mempengaruhi keputusan Peguam Negara. Adakah Ketua Pengarah Jabatan
Siasatan Jenayah Komersial cuba menggunakan kuasa Peguam Negara, jika
mengikut undang-undang merupakan kuasa di bawah Perlembagaan Persekutuan
untuk memutuskan jika terdapat satu jenayah atau bukan untuk tujuan
pendakwaan,” katanya.
Semalam polis memohon Peguam Negara supaya
pengarah NFCorp didakwa atas kesalahan pecah amanah selepas pemimpin
pembangkang mendakwa sebahagian daripada RM250 juta pinjaman mudah
kerajaan telah digunakan untuk tujuan lain.
“Kami mencadangkan Pejabat Peguam Negara supaya semua pengarah NFCorp didakwa atas kesalahan pecah amanah,” kata Syed Ismail.
Hari ini Ketua Publisiti DAP Tony Pua menggesa Putrajaya dengan segera membekukan semua aset NFCorp sama ada di Malaysia atau luar negara.
NFCorp, yang dimiliki oleh suami dan tiga
anak Datuk Seri Shahrizat Abd Jalil, merupakan syarikat yang
bertanggungjawab menguruskan Pusat Fidlot Nasional (NFC).
NFC mula menjadi topik hangat setelah syarikat itu tersenarai dalam Laporan Tahunan Ketua Audit Negara 2010. Shahrizat tetap menegaskan dirinya tidak mempunyai sebarang kaitan dengan projek berenaan.
source- malaysian insider
source- malaysian insider
cheers.
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