Monday 19 September 2016

Switzerland-Thailand diplomatic row over 1MDB, what next?



Switzerland-Thailand diplomatic row over 1MDB, what next?

Switzerland and its authorities are fuming after Thailand reneged on the “release” of Swiss national Andre Xavier Justo who is a key witness to the 1Malaysia Development Berhad (1MDB)-linked alleged multi-billion-dollar/ringgit money laundering probe.

The 1MDB world’s biggest ever financial scandal is only beginning to show its venomous creature, causing a diplomatic row between two countries while its domestic birth nation, Malaysia, continues to observe the proverbial “See No Evil, Hear No Evil and Speak No Evil”.

And, Switzerland has told Thailand: “… The safety and integrity of Mr Justo is of utmost priority to the Swiss authorities which continue to follow this case closely…”

Here are two news stories on the latest of the diplomatic row between Switzerland and Thailand:

"IT’S NOT OVER YET – SWITZERLAND FURIOUS WITH NAJIB & HIS THAI CRONIES: DON’T LET ANYTHING HAPPEN TO JUSTO OR IT WILL BE WORSE FOR YOU

Politics | September 20, 2016 by | 0 Comments

Thailand has refused a request by Switzerland to repatriate a Swiss national, convicted of selling information to anti-government groups in Malaysia, so he can serve the rest of his sentence in his home country, a senior diplomat said yesterday.

Viktor Vavricka, the Swiss embassy’s charge d’affaires, said Bern regretted Bangkok’s refusal to allow Andre Xavier Justo — involved in exposing the 1Malaysia Development Berhad (1MDB) scandal — to be jailed in Switzerland.

“The Swiss embassy is aware the transfer request has been refused by the Thai authorities, a development the Swiss authorities regret,” Mr Vavricka wrote in an email to the Bangkok Post.

“However, official notification of the decision is still pending. The safety and integrity of Mr Justo is of utmost priority to the Swiss authorities which continue to follow this case closely.”

The Bangkok Criminal Court sentenced Justo to three years imprisonment in June 2015 for attempting to blackmail his former employer, PetroSaudi International. The original six-year sentence was cut in half after Justo pleaded guilty.

Arrested on Samui, where he was living, Justo allegedly stole information from Swiss-based PetroSaudi, and tried to sell it to media organisations which led to the breaking of the 1MDB scandal. He is accused of copying company emails before demanding the company pay him US$2.5million (87 million baht). When PetroSaudi turned down his demand, he approached another group to sell the data.

The “buyers” included Malaysian news group The Edge and newsblog Sarawak Report, and the data he sold eventually led to news reports into the alleged theft of funds from 1MDB.

The case has drawn the greatest interest in Malaysia, because documents said to have been leaked by Justo allegedly revealed links between a financial scandal and Malaysian Prime Minister Najib Razak.

His lawyer, Worasit Piriyawiboon, said on Aug 10 that his client had served over one year and had been categorised as a good prisoner, so he was eligible for a one-third reduction in his sentence.

Justo was reportedly one of thousands of prisoners eligible for parole granted to mark 70 years since His Majesty the King’s accession to the throne, and the 84th birthday of Her Majesty the Queen.

“If paroled, he has to stay in Thailand and report to authorities every month until June next year,” the lawyer said.
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"‘CHEAP & EASY TO BUY’? INCREASINGLY LAWLESS THAILAND DAMAGES ITSELF BY HELPING NAJIB COVER 1MDB SCANDAL
Politics | September 20, 2016 by | 0 Comments


Unfortunately, the rest of the world is coming to the conclusion that Thai law is arbitrary.

First, an ‘amnesty’ reduces a sentence and promises are made that a prisoner will be released home.

Then (following meetings with Najib who wants this witness silenced) there is a u-turn and now an announcement that the reduction in the term has actually EXTENDED the time the hostage remains in Thailand.

Xavier Justo was convicted on the basis of a forced, false confession, taken under conditions of blackmail in his jail by a paid agent of PetroSaudi, whom the Thai legal system had apparently allowed to usurp their due process.

Justo was denied his lawyer present and told if he cooperated in making this confession, then PetroSaudi would get him out.

Under which Thai law was this permitted?

No external pressure to keep Justo, says Thai minister

The decision to deny former PetroSaudi International employee Andre Xavier Justo his request to serve the remainder of his jail term in his country, Switzerland, was made “in accordance with Thai law”.

According to Thai Justice Minister Gen Paiboon Koomchaya, under the country’s law, anyone requesting to transfer the remainder of his jail sentence must have “not less than one year” left in his jail term.


“But the remainder of the jail term of this prisoner (Justo) is nine months, which did not meet the transfer (of prisoner) treaty law. Thus, the decision to deny the request.”

“This law does not discriminate against anyone, and is effective for every prisoner who is eligible for the transfer. The Correctional Department’s decision is in accordance with the rule of law,” he told Bernama in a telephone interview today.

Paiboon flatly denied allegations by the news portal Sarawak Report and a Swiss newspaper Le Temps that Bangkok made the decision under external pressure.
“How can another country interfere in our internal affairs? The fact is he (Justo) has nine months left in his jail sentence (which makes him ineligible for the transfer),” said the minister.

Justo pleaded guilty on Aug 17 last year to attempting to blackmail PetroSaudi International, which had dealings with 1MDB.

The court ordered the jail term to start on June 22, the day Justo was arrested at Koh Samui resort island in southern Thailand.

He was charged under Section 338 of the Thai Penal Code which carries a jail term of one to 10 years and a fine of between 2,000 baht (RM222) and 20,000 baht (RM2,223). – Bernama


SARAWAK REPORT
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