DFAT's go to lawyer in Malaysia reprimanded by Malaysia's Chief Justice for attempting to delay decision against Najib Razak

 by Ganesh Sahathevan

                                                       

TO BE READ WITH 

realpolitikasia

Thursday, September 13, 2018

DFAT's go-to lawyer in Malaysia charged with money laundering: Shafee Abdullah's 1MDB related charges add to Australian Government 's 1MDB embarrassment

 by Ganesh Sahathevan

Australian spectators wearing swimwear bearing the Malaysian flag party 
during the Malaysian Grand Prix ( AFP )
Nine Australian 'Budgie Smuggler' strippers released in Malaysia

Australians would be familiar with Malaysian lawyer Shafee Abdullah.

He is often on TV  as the lawyer  representing   Australians charged with drug trafficking in Malaysia, the Australian High Commission in Kuala Lumpur's go-to lawyer  for all if not most drug cases.

He is well connected, his clients including former Malaysian PM Najib Razak.

However, that connection in itself should have been  cause for avoiding the man , given the scandal surrounding Najib and wife Rosmah Mansor since at least 2015.  Shafee not only represented Najib, he acted as his Mr Fix-It(see Sarawak Report story below) and yet he remained the High Commission's favourite. He was even called on to help secure the release of the well-connected "Budgie 9".

Today however Shafee was charged with money laundering, for having received part of the money stolen from 1MDB. The charges against Shafee require investigation of the Australian High Commission's dealings with him, and of the Australian Department Of Foreign Affairs'(DFAT) einsistence on hiring him despite the many red flags.

All this adds to the embarrassing position the Australian  Government finds itself in,as the only other country apart from New Zealand that has refused to conduct any meaningful investigation into the involvement of Australian companies and individuals implicated in the 1MDB theft.

END 

Sarawak Report

Pascal Najadi - My Fury 

Over Najib's Lawyer 

Mohd Shafee Abdullah

• 1 June 2017
     
• 51

Pascal Najadi

The son of the assassinated former chairman of AmBank, Hussein Najadi, has told Sarawak Report that he has deep concerns about the way the lawyer Mohd Shafee Abdullah controlled events after his father was shot in broad daylight in KL.

The shocking event took place just a few weeks before another huge personal payment by Prime Minister Najib was made to Shafee of RM4.3 million.

The payment was transacted on 11th September 2013, whereas Najadi was murdered on 29th July.  Once again, the money came  from Account no: 2112022011906 in Najib’s name, which was funded by money stolen from 1MDB’s subsidiary SRC.

Payment by Najib to Shafee from the 1MDB funded AmBank account

Pascal Najadi, who was in Moscow when the tragedy occured, says that neither he nor his immediate family knew Shafee and no one had contacted him to be involved. Nevertheless, the lawyer mysteriously arrived at the hospital almost as soon as his father’s body was brought into the mortuary and started to take charge of events.

Photographs even show Shafee on the scene as an ambulance bearing Najadi’s injured second wife arrived, bringing Najadi to the mortuary:

Arrow points out Shafee in the background as the victims arrived at hospital

According to Najadi, the family soon found that this strange lawyer was muscling in on their situation and insisting on taking control. Pascal has testified:

Tuesday July 30 2013, it must have been lunch time or a little later in KL, my mum Heidi Najadi called me from the KLK Morgue where they have laid up the body of my late father… She asked me “there is this Dato Shafee running around rude and nervous acting as if he owns the body of dad and giving orders to all of us?!” I asked my mum, who? She said “His name is Dato Shafee..?!” I told my mum to pass this man on the phone to me.

This is my perception of this call. Dato Shafee was nervous when talking to me, he was breathing short and gave half clipped words answers to my question: “Can we wait with the burial please?” He stuttered to me: “No can not, all is in hand, I take care of all, he will be buried today, this evening…”

Pascal says he was shocked by the haste and by manner in which decisions were taken out of his family’s hands. He says a swift burial was not their custom and he had wanted to be able to fly to KL to attend the ceremony.

Shafee did not say “I am so sorry for your terrible loss….or can I help you are you OK? Where are you now? ” He said nothing of what a normal human or indeed a friend would say.

Shafee was the ad hoc burial master for the body of my late father Hussain without any reason, he even had the service paid every penny of it to make it fast and swift”,

says Najadi in his statement.

“I am taking charge”

Shafee, Scivetti and another joint foreign client on drugs charges

Speaking to Sarawak Report Pascal Najadi says that Shafee had told the family that he had been ‘put in charge’ of matters, but he never explained by whom.

Shafee, whom he described as brusque and nervous, managed the entire funeral and all the related matters, yet Najadi says the family never received a bill from him.

An email exchange with Shafee Abdullah (copied to Tania Scivetti his legal collaborator and later wife) confirms Najadi’s claim that the lawyer had put himself in charge of events, telling Pascal “I am taking care of the funeral”.

The lawyer even swept aside the son’s request to have words read out at the funeral, which was being held before he could get to his father’s side, saying “it is impossible to read the eulogy you prepared in a Muslim funeral setting” – then, imperiously he declared “I will make sure Hussain gets the best send off” despite refusing to wait a few hours for the arrival of his son:

Curt response from a bossy stranger – the only words Najadi received in writing from Shafee Abdullah

Pascal, who describes himself as having been in shock and frightened at the time, soon decided that the situation KL was not safe for his mother and himself and they fled the country, leaving much unfinished business in the process.

However, the role and the behaviour of Shafee has always bothered him, in particular the question over who had so swiftly assigned him to these duties and paid for his services?

Assigned by Najib?  If so, why?

Najadi says there is no evidence that Shafee had any prior connection to his deceased father.  Rather, he says, he later learnt that the lawyer was extremely close to Prime Minister Najib Razak, against whom his father had just made some extremely serious reports.

In the days prior to his mystery assassination Hussein Najadi had, according to his son, first made a formal complaint to the Bank Negara about information he had received about Najib’s huge private bank accounts at AmBank, where Najadi had once been Chairman.

Secondly, just days before his death, Najadi had made a police report about a threatening text to ‘back-off’ the matter, allegedly sent from within the Prime Minister’s Office.

In a written statement made in July 2015 Pascal Najadi told his lawyer:

“I went through the lifelong email archives of my late father to perhaps find a friendly or a business email between the two, I can confirm here, not one email nothing, no trace of contact. Shafee appeared like a flash out of nowhere buried my dad and disappeared into thin air, no call no nothing (!) He vanished fast and without a word like he appeared from nowhere on July 30th 2013. Never heard of the man again…. only after the killing I found out that this Shafee is the de facto lawyer for Najjib and UMNO and is the man who also was hired to put Anwar away. [Pascal Najadi, statement July 2015]

Pascal Najadi says he is now openly questioning whether Najib’s RM4.3 million payment from Najib so soon after these events may have been linked?  He says he has also noted that it was also shortly after his father’s tragic demise that Shafee was given the honour of the title Tan Sri:

“We are still puzzled why and how he surfaced on to the gruesome macabre scene taking charge of the burial. To this day today Shafee, who got promoted to Tan sri right after this horrible event, and his role are a mystery to me.”

Tania Scivetti

Pascal Najadi says that if his concerns are misplaced, then all Shafee needs to do is to give him full disclosure about his role and how all his costs were covered.  Meanwhile, there was another strange intervention, which he says has also bothered him, especially since he now realises it was also linked to Shafee Abdullah.

He had had struck a recent acquaintance, says Najadi, with another KL legal practioner Tania Scivetti. Scivetti’s practice is perhaps best known for supporting high-profile foreign drug offenders caught in Malaysia.  On a number of occasions, she has worked with Shafee to represent them and get them repatriated.

Shafee and Scivetti worked together to assist this and other foreigners who had got into trouble with Malaysian law

What Pascal Najadi was not aware of was that Sciavetti (a non-Muslim) was already the common law wife of Shafee Abdullah, whom she later married in the UK.  Shortly after his father’s death Tania called Pascal to offer her legal services and to help put his father’s affairs in order.

In particular, she offered to get the locks changed on Najadi’s offices and to hire a guard to prevent intruders taking documents.  The staff were removed.

Pascal said that he agreed to the suggestion, based on his acquaintance with Scivetti.  For some days Scivetti managed Najadi’s affairs and had total control of all access to his office and his papers.  Then, she ceased answering calls and terminated her services.  This was one email from Pascal, to which she did not reply:

Scivetti abruptly terminated services with the Najadis they say

Pascal Najadi, who claims his father’s murder has never been properly investigated in Malaysia, has told Sarawak Report that he has been left wondering if Scivetti and Shafee were in fact working together on his case, as in so many others?

If so, he wants to know who prompted them to get in touch and get busy over his father’s death and who paid?

“I want to know if Najib’s multi-million payment to Shafee Abdullah so soon after my father’s death was connected” he told Sarawak Report. “We know this money came from 1MDB so we have a right to know if it was and if so why?  If it was not connected then what was the payment for and who covered Shafee’s costs instead?”

Solomon Islands - China intelligence failure : A product of discredited China theories at DFAT and the Office Of National Intelligence?

 by Ganesh Sahathevan 

The ABC reported:

In an interview with the ABC, Matthew Wale — who leads the Democratic Party — said he warned Australian officials as early as August that China would likely try to establish a military presence in Solomon Islands.

"I have intimated as much to the Australian High Commissioner and officials that this was in the offing, even as far back as last year — all the indications were there and the Australian government did nothing about it — so I'm extremely disappointed in the Australian government," he said.

That China has been seeking to bring Solomon Islands within its sphere of influence should not surprise anyone. See for example the report from Geoff Wade about Chinese Government operations in Solomon Islands more than 20 years ago: 

Solomon Islands: The names of the 116 ethic Chinese persons who were flown to China by the PRC Government in 2000, following outbreak of violence in Solomon Islands 广东侨办公布从所罗门接回的华侨华人名单

At the Department Of Foreign Affairs And Trade however there has been the view that China was only interested in trade, not expansion of its influence. That view might still be the prevalent view at DFAT, and the Office Of National Intelligence, which determines what intelligence the Prime Minister and Cabinet receive. It is not unlikely that Matthew Wale's warning from even November 2021 was ignored by DFAT and the ONI, and even if considered, not brought to the the attention of the Prime Minister and Cabinet. 

TO BE READ WITH 

Wednesday, May 6, 2020

Morrison adviser Michelle Chan is not the "the moderate voice on China" needed at this point to advise on national security matters : In her native Malaysia Chan would not have been allowed anywhere near national security and intelligence matters

by Ganesh Sahathevan




One of Scott Morrison's inner circle, his former National Security Adviser Michelle Chan; has been recently promoted deputy secretary in the Office Of National Intelligence. According to Canberra publication The Mandarin:


Michelle Chan


Michelle Chan has been promoted to deputy secretary in the Office of National Intelligence. She has held various senior positions within the Department of Foreign Affairs and Trade, including the prime minister’s senior international advisor, and ambassador roles.


The Australian described Chan as a "moderate voice on China":

Michelle Chan The Prime Minister’s national security adviser As Morrison’s national security adviser, Chan is considered a moderate voice on China, with insiders saying she is a “dove” to Andrew Shearer’s “hawk”. She was most recently deputy director-general of the Office of National Assessments and a former ambassador to Myanmar. She has also had postings to Indonesia, Vietnam and Cambodia.

Chan is regarded an expert on South East Asia, presumably as a result of her being born in Malaysia, and her service in Indonesia, Vietnam and Myanmar.
Additionally her husband Simon Merrifield served first as political counsellor and later deputy high commissioner to Malaysia between 2001-2005. He was later appointed resident ambassador to ASEAN.

Service in South East Asia does not necessarily make one an expert on South East Asia; diplomats are often kept in a cosy bubble by their hosts, and are happy to learn only what they are told, or read in the local government controlled papers. As Mr Merrifield's high commissioner James Wise once told this writer, with regards anything else "I'd rather not know."

It should also be said that had she remained in Malaysia Chan would never have been allowed anywhere near that country's  intelligence and security apparatus, because of her Chinese heritage. Malaysia has had to battle the Communist Party Of China since the 50s, and is not so naive as to disregard racial and communal loyalties. Indeed, in Malaysia Ms Chan's "moderate voice" on China matters would be assumed. 

END 

SEE ALSO 

Aussie Merrifield has passionate ties with Malaysia
NATION


Monday, 26 Sep 200512:00 AM MYT

By PAUL GABRIEL

MAKING MERRY: Merrifield (left) chatting with Wisma Putra principal assistant secretary Abdullah Zawawi Tahir (secondfrom left) and executive member of the Malaysia-Australia Business Council Peter Tan Choon Hoo (right) at the farewellreception for him hosted by Wise (third from left) in Kuala Lumpur last Wednesday.

KUALA LUMPUR: For outgoing Australian Deputy High Commissioner Simon Merrifield, Malaysia was more than just a foreign mission.
Asam laksa, tosai, climate and multiculturalism aside, there were more compelling reasons why Malaysia had been good to him – wife Michelle Chan Su-Wen was born in Petaling Jaya, and the couple’s soon-to-be-born baby was conceived here.

Merrifield, who will head the Staffing Division at the Foreign Ministry in Canberra, had been passionate about Malaysia since his first visit here as a 20-year-old backpacker in 1982.


Merrifield had wanted to stay on in Malaysia and have his first child born here, but decided to pack up on the advice of High Commissioner James Wise, who had wisely told the former to put family first and concentrate on setting up home in the Australian capital.

“He’s been a fantastic boss, and I value his advice. Things are getting very busy at the Australian mission here and it would be difficult having to contend with a newborn as well,” he said after a farewell bash at Wise’s residence in Jalan Langgak Golf last Wednesday.

Merrifield and Chan, who moved to Australia as a young girl, will be reunited at home, and at work, in Canberra; she will also be leaving Indonesia and her position as political and economic head at the Australian mission there.

Posted here in 2001 as political counsellor before being promoted in January last year, Merrifield said he had learnt a lot from Wise and was proud to have served here, in one of Australia's largest foreign missions.

“Besides my Australian colleagues, we also have many first-rate local staff who made my job so much easier.

“There has never been so much happening on the bilateral agenda as now – from education, trade, security to legal cooperation,” said Merrifield who leaves on Friday.

Wise praised his deputy’s resolve, saying: “The mission here will truly miss his services. He’s been outstanding both as a professional, and friend.”

Political counsellor Peter Doyle will replace Merrifield.

TheNation

THE NETWORK OF INFLUENCE

Geoff Chambers, Simon Benson

Geoff Chambers and Simon Benson

1244 words

10 December 2019

The Australian

AUSTLN

Australian

7

English

© 2019 News Limited. All rights reserved.

Geoff Chambers and Simon Benson reveal the national security chiefs, advisers and their enforcers who arehelping the Morrison government protect Australia in a period of heightened tensions

THE BIG 5 MIKE PEZZULLO Department of Home Affairs secretary Started role: December 2017 Remuneration package: Up to $864,580 With Home Affairs one of three key national security departments, alongside Defence and Foreign Affairs, the influence of Pezzullo, pictured right, is significant. His power has grown immensely under the Coalition government despite historic links with Labor, having previously worked with Gareth Evans and Kim Beazley. In addition to border protection, counter-terrorism, cyber security, transnational serious and organised crime and crisis co-ordination, Pezzullo is a leading figure in the response to foreign interference and influence.

MIKE BURGESS Australian Security Intelligence Organisation director-general Started role: September 2019 Remuneration package: $665,070 Burgess is one of the new-guard national security chiefs after being appointed by Scott Morrison as ASIO chief in August, replacing Duncan Lewis, and putting the domestic spy agency on a more aggressive footing. He is now considered the most influential security agency chief, who also holds the title of director-general for national security. He is a former head of the Australian Signals Directorate and sat on the government’s naval shipbuilding advisory board. Burgess started at the Defence Signals Directorate in the 1980s before moving into the private sector as an independent consultant specialising in strategic cyber security and Telstra’s chief information security officer. Burgess brings a different approach to the ASIO role, injecting corporate experience and a deep knowledge of cyber threats into a position traditionally occupied by security and Australian Public Service veterans. Following significant funding and resources boosts to ASIO, Burgess has been tasked with beefing up ASIO’s capacity to combat espionage and cyber-attacks.

GREG MORIARTY Department of Defence secretary Started role: September 2017 Remuneration package: Up to $864,580 Moriarty has an extensive background working with the Defence Intelligence Organisation and as national security adviser to Malcolm Turnbull. The former commonwealth counter-terrorism co-ordinator worked closely with Morrison in the creation of Operation Sovereign Borders during his time as ambassador to Indonesia.

GENERAL ANGUS CAMPBELL Chief of the Defence Force Started role: July 2018 Remuneration package: $864,580 The former Chief of Army and commander of Operation Sovereign Borders acted as national security adviser to two prime ministers. The veteran soldier is considered a leading reforming figure inside the ADF, and is modernising Australia’s warfare technology to combat external threats. He worked closely with Morrison on Operation Sovereign Borders.

PHIL GAETJENS Department of the Prime Minister and Cabinet secretary Started role: September 2019 Remuneration package: $914,460 A veteran public service chief and one of Morrison’s closest advisers, Gaetjens has been tasked with ensuring the security agencies and departments are being properly equipped and that funding is being allocated to the most high-priority programs. As DPMC chief, Gaetjens’s role is to ensure co-ordination across departments is working.

THE BIG 5 + 2 ANDREW SHEARER Cabinet secretary Shearer is a former deputy director-general at the Office of National Intelligence, and worked as a national security adviser to both Tony Abbott and John Howard. He was brought back from the Washington think-tank the Centre for Independent and Strategic Studies by Malcolm Turnbull to ONI shortly before Morrison became PM. Shearer was brought closer into Morrison’s inner sanctum following the election as Cabinet Secretary with significant influence on strategic policy, including China. Shearer is an influential voice inside the national security community and inside government and strongly tipped to replace Nick Warner as National Intelligence director-general.

NICK WARNER National Intelligencedirector-general Started role: December 2018 Remuneration package: $720,480 The veteran public service and spy boss is likely in the final stages of his career, and his impending retirement would open up another key role in Morrison’s new national security team. Warner is a former Defence Department secretary, director-general of the Australian Secret Intelligence Service and senior DFAT official. Morrison will be planning for a smooth transition, with cabinet secretary Andrew Shearer an option to replace Warner after a 40-year career.

SECURITY ENFORCERS & ADVISERS RACHEL NOBLE Head of the Australian Cyber Security Centre Noble took on the leading cyber role in June following the departure of Alastair MacGibbon. As PMC national security chief information officer and cyber policy co-ordinator, the respected public servant oversaw whole-of-government policy on cyber issues and improved information-sharing between national security agencies. Prior to serving in government, Noble worked for Optus. She is close to Mike Burgess and is considered a leading candidate to be the next head of the Australian Signals Directorate.

PAUL SYMON Australian Secret Intelligence Service director-general Symon, a retired major general, was appointed ASIS chief in December 2017. After a 35-year military career, including six years as Defence Intelligence Organisation director and deputy chief of the Australian Army, he joined the Department of Foreign Affairs and Trade. He previously served as military adviser to Nick Warner during the Regional Assistance Mission to Solomon Islands, and was deployed to East Timor, Lebanon and the Golan Heights.

REECE KERSHAW Australian FederalPolice Commissioner Started role: October 2019 Remuneration package: $720,480 The former Northern Territory Police, Fire and Emergency Services commissioner returned to the AFP after working there between 1988 and 2011. The hard-nosed cop was hand-picked by Morrison as part of his shake-up of the national security architecture and has a key focus on foreign interference, counter-terrorism and organised crime. He has extensive overseas experience, including in East Timor and the Solomon Islands, and was previously seconded to the National Crime Authority and Australian Crime Commission. He is viewed as a team player, which is crucial in the new security arrangements under Home Affairs.

LIEUTENANT GENERAL JOHN FREWEN Australian Signals Directorate acting director-general Started role: September 2019 Remuneration package: $665,070 (ASD director-general remuneration) Worked with Mike Burgess at ASD, and has been acting director-general since September. While he is expected to make way for a new appointment in the coming months, Frewen is considered a leading voice in combating cyber threats and is a senior defence intelligence figure. ASD remains Australia’s first line of defence against cyber attacks on political and higher education targets, as well as strategic institutions and businesses.

MAJOR GENERAL MATTHEW HALL Defence IntelligenceOrganisation director Hall heads the DIO, which was established in 1990 to lead the response to global security issues, weapons of mass destruction, foreign military capabilities, defence economics and transnational terrorism. The DIO plays a key role in supporting the planning and conduct of ADF operations, defence capability and policy development.

MICHELLE CHAN The Prime Minister’s national security adviser As Morrison’s national security adviser, Chan is considered a moderate voice on China, with insiders saying she is a “dove” to Andrew Shearer’s “hawk”. She was most recently deputy director-general of the Office of National Assessments and a former ambassador to Myanmar. She has also had postings to Indonesia, Vietnam and Cambodia.

CHRIS MORAITIS Attorney-General’sDepartment secretary Started role: September 2014 Remuneration package: Up to $775,910As head of the AG’s Department, Moraitis, a former deputy secretary of DFAT, has a leading role in responding to foreign interference and influence in Australia.