Azman Mokhtar, Rashdan, Tony Fernandes, Kamaruddin, Md Nor Md Yusof and AJ must be held responsible for the fine of RM20 million – Part 4

"Now Everyone Are Not So Happy"

“Now Everyone In the Happy Family Could Not Smile” after  the MAS-AirAsia share swap was un-wound on 1-5-2012.

For Part 1, 2 and 3 of this topic please read HERE, HERE and HERE.

1-5-2012  The notorious MAS – AirAsia share swap was unwound by PM YAB Datuk Seri Najib, HERE.

Left: En Ahmad Jauhari Yahya aka AJ with his then co-pilot the Khazanah's whiz kid En Mohamed Rashdan Yusof aka Danny

Left: En Ahmad Jauhari Yahya aka AJ with his then co-pilot the Khazanah’s whiz kid En Mohamed Rashdan Yusof aka Danny, who had to leave MAS in disgrace. Both showing thumb-up for the share swap?

1-5-2012  AJ responded with an email wherein he sounded very sad. In fact, he was in grief as though he had lost a loved one in his family.  Amongst other things he said as follows:

The original good intentions of the Share Swap exercise did not materialise and instead became a distraction and hindrance to the bigger picture and most important task at hand, which is to turnaround our loss-making Company.

Given the huge efforts channelled by all quarters to the Share Swap, it is sad that Malaysia Airlines has lost valuable time and wasted so much energy when all this should have been to focus on the recovery of our business. 

The Business Plan presented at the end of 2011 covers a set of Game-changers. This includes collaborating with AirAsia and AirAsia X. So whilst the Share Swap has been unwound, we will continue to pursue collaborations with AirAsia and AirAsia X to seek synergies that we hope will translate into cost savings and better efficiency.

Malaysia Airlines has taken a step forward in the collaborations and has signed a Supplemental Collaboration Agreement and 2 Memoranda of Understanding (MoU) with AirAsia and AirAsia X in joint procurement and aircraft component maintenance support and repair services. The MoUs include the possibility of setting up joint-venture companies to see through some of these collaborations. We are serious about getting these collaborations right and making the synergies work for us. Malaysia Airlines must support these efforts.

For AJ’s full statement please read HERE.

May 2012  Dr Hugh Dunleavy was promoted to be the Director for Commercial.

Right Tan Sri Tony Fernandes

Right: Tan Sri Tony Fernandes with his good friend Tan Sri Md Nor Yusof, the chairman of MAS.

Datuk Kamarudin Meranun proudly showing his MAS credential.

Datuk Kamarudin Meranun proudly showing off his MAS credential just after the notorious share swap was inked.

7-5-2012 Despite the notorious share swap had been unwound, Tan Sri Tony Fernandes and Datuk Kamaruddin Meranun were still accorded with benefits of free 1st class flight to London by MAS. Read HERE.

21-5-2012 En Mohamad Rashdan Yusof aka Danny (the whiz kid of Khazasnah and one of the architects of the notorious share swap) resigned as the Deputy Group CEO of MAS, in HERE.

12-6-2012 AJ sent out an email at 6:22 pm to express his grief over the resignation of his co-pilot, En Mohamed Rashdan Yusof (the whiz kid of Khazanah) where AJ quoted Tan Sri Md Nor said “I regret that in past months, Danny has been most undeservedly and unfairly vilified and maligned in the blogosphere.

AJ said that “As the Group CEO, it has been a pleasure to work with Danny. I will miss him greatly. I fondly remember the many days when we were burning the midnight oil together, executing the Business Plan initiatives, whilst having to ensure operational continuity. He was instrumental in our Business Plan, and its execution which is now showing positive operational results. He helped me to identify our new talents in the senior management team and assisted in their recruitment too.

However, that email at 6:22 pm was retracted by another email at 8:30 pm on the same night barely two hours after the first email with a few additional points to praise Rashdan to a majestic height and they were as follows:

Contrary to such blog reports, Danny has displayed an exemplary work ethic and dedication during his tenure in MAS, and has been deeply committed to the turnaround of MAS.

The Board also expresses concern over the rampant leakage of company confidential information that results in disinformation in the blogosphere.The Board endorses Danny’s integrity, honesty and sincerity and considers his departure to be a genuine loss to the company.

At today’s meeting, the Board expressed serious concern over the rampant leakage of Company confidential information. I have instructed a major review of all information security protocols. We need to develop a staff culture that will ensure that the Company’s turnaround efforts are not undermined.”  Read HERE.

Fine of RM10 million by MyCC due to the MAS-AirAsia

The MyCC has found that both airlines have infringed Section 4 (2) (b) of the Competition Act 2010 (‘the Act’) by entering into an agreement that has as its object the sharing of markets in the air transport services sector within Malaysia provided by both airlines.

Market sharing is considered a serious infringement under the Act as it is deemed to have the object of significantly preventing, restricting, or distorting competition in any market for goods and services,” said Tan Sri Dato’ Seri Siti Norma Yaakob, Chairman of the MyCC. “When businesses agree to share markets, they are agreeing to stop competing at the expense of the consumers.”, HERE.

Whilst we support the decision of MyCC in the light of the above facts, it will be morally wrong that the staffs in AirAsia and MAS had to suffer because of the fine.

The MAS-AirAsia share swap was shove down the throats of MAS and AirAsia by those who signed it.

In view of the facts in Part 1, 2 and 3 of this topic, the Government must seek the advice from AG Chambers to institute legal actions against Tan Sri Azman Mokhtar, Tan Sri Tony Fernandes, Datuk Kamarudin Meranun, En Mohamed Rashdan Yusof aka Danny (the Khazanah’s whiz kid) and Tan Sri Md Nor Yusof PERSONALLY because they knowingly shoved the notorious share swap down the throats of MAS and AirAsia.

AJ had to responsible for all the decisions after his appointment as Group CEO of MAS after 19-9-2011.

Actions should also be taken against the directors appointed immediately after the notorious share swap because they could not rely on their ignorance as they will be deemed to have approved of all the decisions made that were adverse to MAS. The directors responsible for endorsing the MAS-AirAsia share swap were as follows:

Tan Sri Mohamed Azman Yahya, who is a director of MAS for many years dated back the WAU days and a director of SCOMI and Symphony House.

Tan Sri Mohamed Azman Yahya, who is a director of MAS for many years dated back the WAU days and a director of SCOMI and Symphony House. He was also the head of Danaharta. He is also one of the aviation expert in Malaysia.

Tan Sri Tan Boon Seng, the Deputy Chairman of IJM. He is believed to be an aviation expert.

Tan Sri Tan Boon Seng, the Deputy Chairman of IJM. He is believed to be another aviation expert.

Datuk Rohana, a director of ASTRO. She is also believed to be one of the aviation experts like Tan Sri Krishnan Tan.

Datuk Rohana, a director of ASTRO. She is also believed to be one of the aviation experts like Tan Sri Krishnan Tan.

Mr David Lau Nai Pek, the Executive Director of Axiata Sdn Bhd.

Mr David Lau Nai Pek, the Executive Director of Axiata Sdn Bhd and independent director of MAS.

  1. Tan Sri Mohamad Azman Yahya of SCOMI fame who is the longest serving director of MAS. The other directors had to resign after the share swap but not him. He became very powerful after the said share swap. He was also appointed to the Board of AirAsia. Tan Sri Mohamad Azman Yahya did not seek re-election in MAS AGM in June 2012
  2. Datuk Krishnan Tan Boon Seng of IJM
  3. Datuk Rohana of ASTRO, who has resigned
  4. Datuk Lau, who is also the director in AXIATA, the indepenmdent director
  5. Tan Sri Wan Azmi Wan Hamzah, who resigned during the first AGM of MAS in June 2012.

This was a clear case of “Harapkan pagar, pagar makan padi”.  They must also be made personally responsible because they knew or ought to have known of the ulterior motive of the share swap.

Tan Sri Mohamad Azmam Yahya must be singled because he was the only the longest serving director of MAS at the moment. He was there before the share swap. The other directors have all resigned and he was handpicked by Khaznah and reappointed on the Board of MAS and AirAsia as the nominee of Khazanah.

AJ and Rashdan must also be held personally liable for the fine because they have jointly made decisions knwoingly or ought to have known that their decisions were deterimental to the interest of MAS.

The learned Dr Wafi Nazrin Tun Abdul Hamid who claimed to be an expert in Competition Laws

The learned Dr Wafi Nazrin Tun Abdul Hamid who claimed to be an expert in Competition Laws

AJ and Rashdan cannot plead ignorance because MAS has an in house legal expert by the name of Dr Wafi Hazrin, who happened to be an expert on Comepetition Law.  It was also a fact that MAS appointed an international legal consultant Bain & Co to advise on compliance of Competition Law, in HERE.

Dato' Sri Nazir Razak, CEO of CIMB and advisor of the MAS-AirAsia share swap and AAX IPO

Dato’ Sri Nazir Razak, CEO of CIMB and adviser of the MAS-AirAsia share swap and AAX IPO

Many would call for the same actions to be taken against Dato’ Seri Nazir Razak of CIMB who was the adviser of this notorious share swap. We can understand if actions is not taken against him because he is just a banker and he was carrying out the duties of his profession as a banker. If he did not it, other bankers would have jumped on the band wagon to do it because the fees was irresistible. After this, yours truly hopes that Datuk Nazir Razak will be mindful that he is the brother of the current PM and should avoid getting involved in such deal regardless of the financial returns. If he persist then the future is not hard to be determined.

Advisory Panel of the share swap: Chairman Tun Abdullah Badawi

Tun Abdullah Badawi in white shirt

Tun Abdullah Badawi in white shirt

Some readers may ask: Should the Adviser of MAS, Tun Abdullah Badawi, be also held responsible for the notorious share swap?  He was appointed as Adviser to MAS in late 2010. He was handpicked to be the chairman of the special Advisory Panel after the notorious MAS-AirAsia share swap to ensure that the share swap was implemented in the public interests.

On 10-8-2011 MAS, AirAsia and Khazanah joint statement:

“The collaboration agreement will come into effect immediately upon its execution, and shall remain in effect for a period of five years from the date of the agreement with an option for a further five-year renewal,” it added.

An Advisory Panel, chaired by former Prime Minister Tun Abdullah Ahmad Badawi, had also been set up to ensure that all parties involved in the CCF, would operate in the interests of the public and reflects the aspirations of all consumers.”, HERE.

It would be extremely difficult to ascertain whether Tun Abdullah was aware of the mechanics of the notorious share swap or there was any meeting held by this special Advisory Panel to examine the motives of the notorious share swap because his existence in MAS was not felt even though he is still the current Adviser of MAS.

MyCC had already set the stage for a thorough investigation to be carried out by other enforcement agencies like MACC, Securities Commission and Bursa KL.

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23 thoughts on “Azman Mokhtar, Rashdan, Tony Fernandes, Kamaruddin, Md Nor Md Yusof and AJ must be held responsible for the fine of RM20 million – Part 4

  1. Lim

    Danny the Nanny was vilified and maligned. You had to be a joker AJ. It was so clear that Danny the Nanny was caught with his pant down when he upgraded his baby and nanny to first class against the rules. If that was not enough, Danny had screwed MAS with the Rm18 million sponsorship QPR owned by the pariah. AJ you have insulted our intelligence by your stupid statements.

    I support the idea of MACC, SC and Bursa to investigate into the share suap. MACC and SC are you all still sleeping like the Adviser of MAS the slumberjack.

    Reply
  2. nizam

    The Slumberjack wouldn’t know anything because he was asleep all the times. So leave him alone and let him sleep forever. He was the culprit who allow AA to take away 90 profitable routes from MAS. Another project by 4th Floor.

    Reply
  3. Patricia

    MAS and Air Asia were fined only RM20 million. This was based on the anti-competitive behaviour of these two airlines on four domestic routes. But the damage they caused are well beyond those 4 domestic routes.

    Consider the cancellation of routes to Surubaya and Bandung, the giving up of Sydney frequency, Dubai and Jeddah etc.

    Consider the reaccommodation agreement estimated to be RM31 million, the QPR sponsorship of RM18 million, the maintenance repair and overhaul of aircrafts, training etc.

    Even after the cancellation of the share swap, MAS is still maintaining air asia aircraft with no certainty of payment. Has MAS indeed been paid? Please check and make sure your heart is strong enough.

    Consider those decisions to make sacrificial lambs of mas management and replace with air asia proxies (in engineering, finance, commercial, corporate comms and HC).

    How do you put on price on these?

    The proxies are still in mas. Though touted to be the ‘best’, all they have done is to reinstate MAS routes and the business plans that were written prior to the share swap. Oh yes, mas has shown great seat factors today BUT at the expense of yield. A no-brainer strategy at all!!! Is this what the best of hollywood and bollywood???

    And of course, exercise more creative accounting by bringing items below the line to show a better figure. In accounting, the law of consistency is important!!!

    People come in from the outside are often deemed geniuses from another galaxy. Mas is waiting for excellence to appear. And it will take another cycle for everyone to realise it is not happening. What is so good about this new team from outside when all that is being done is to put back the plans from before? And to bring in more of their own to rehash more of what has been.

    And AJ is just surrounding himself with people who are loud, eloquent and convincing. The talkers but not the doers, not the brave who dare challenge the status quo and seek a better way.

    Dr Mohamedon Abdullah wrote eloquently that the share swap is a national tragedy. But what happened after his appointment as director of MAS? Is he walking the talk or has he become part of the national tragedy.

    Is there hope after the fine?

    Reply
    1. Drizzt

      Wow, Pat – that’s an earful! And then some!

      To what purpose, one might ask?

      Can you drag Malaysians, kicking and screaming, to fly MAS instead of AirAsia?

      Take off your blinders and see how competition works.

      Why should I fly MAS, when I have a choice of SIA, Emirates, Cathay Pacific, Qantas, Lufthansa, ANA or even Delta or United?

      MAS is not the only game in town, despite the fondest hopes of it’s apologists and boosters.

      Here’s a challenge for the government – go full “open skies”, turn off the lifelines for MAS and see whether the airline sinks or swims.

      After all, the once-mighty Hewlett-Packard and Dell are facing the effects of cutthroat competition in the IT industry.

      What makes you think that the airline industry is any different?

      Reply
      1. Pak Malau

        Hey stupid, pat was talking abt the wrong people managing/ screwing up MAS and you are talking abt competitions.

      2. Shan

        Yes Pak Malau. You are right. Pat was talking about how MAS was screwed buy these people but Drizzt talking about something else. Most probably he couldn’t understand English or being asked by his Red Indian master to divert attention. Try harder next time.

  4. yuzri

    Bravo Patricia! You have summed all up for the Govt and the stupid Amokh in Khazanah. RM20 milion not enough. MyCC must increase the fine as a lesson to Amokh and Red Indian from the low caste so that they will not dare to do such anti-national activities again. Just increase the fine to RM50 million each and the government should file actions to get Amokh, Rashdan, Red Indian, Md Nor and AJ to personally pay the fine.

    They must be made to pay. AJ must be sacked for carrying out the big plans after the share swap. His Business Plan that was hatched with that bloody Danny the Nanny. I hope that his nanny is now sharing his master bedroom with him and his old bag.

    I support YB’s idea that MACC and SC to start to investigate into the share suap now.

    AJ tak malu lagi kah? We willl make sure that you will suffer the same fate as your bast..d Danny the Nanny. You will also had to disappear from on disgrace.

    Reply
  5. Ignatius Low Man Sun

    So much for YB favourite character Dr Mohamadon Abdullah. Yes, looks like he has lost his will and skill to right what he saw wrong. Perhaps it is because he is now serving his ex-boss, Tan Sri Mohd Nor Yusof. So have to respect and kowtow to the boss. But as an independent director and one who has written against the share suap and other unfair business and management practise in MAS, it looks like he has nothing to say or fight for now. Has he been brainwashed and crossed over to the darkside? What a waste.

    Reply
  6. Rosli

    AJ nak cakap apa lagi? tindakan yang terbaik, letak jawatan, terus pergi cari majikan baru di AirAsia! Orang yang tiada maruah dan tak malu. Ptui! Ptui! Ptui!

    Reply
  7. Franky

    Dr Don is supporting the national tragedy by keeping total silence to what had happened in MAS. MAS has been fined RM10 million by MyCC and none of those useless gaji buta directors are still keeping quiet. They should tender their resignation if they have whatever self respect that is left. I like the pictures of Md Nor and the pariah and also the picture with Bodohwi with the rest of the culprits.

    Good for you Patricia! Any idiot can fill up seats with low cost fares. The Hollywood and Bollywood are good for drawing salaries, perks and carrying AJ’s balls. They are just a bunch of rejects from other companies.

    MACC, Bursa and SC must act now. WTF! are you lots doing? Joining the Slumberjack world?

    Reply
  8. Subra

    I hope that AJ and his Bollywood and Hollywoods have the courage to answer what Patricia has stated in YB’s blog. AJ has no moral standing to remain in MAS period. Only the shameless will hang on to his job after what have been exposed in YB’s blog and MyCC finding. AJ where is your MARUAH?

    PM must sack Azman Mokhtar and AJ if MAS wants to go forward. MAS staffs have no respect for AJ, TS Md Nor, Krishnan Tan, Lau and Dr Don. How to resign when the salaries, perks and director fees are so good. These shameless guys can no longer hide. THe chronology of events are too clear for them to refute. Resign, Resign and Resign is the honorable way out for them. If they don’t want to leave, just sack them.

    Reply
  9. Bario gangsta

    Well done, Patricia. You have summed up very well. All these cxxxks must resign including the fake dr. Hoi, tak tahu malu ka, dahlah gaji buta, kena sumpah tiap tiap hari, ptui, ptui, ptui

    Reply
  10. Ptui to the brainless

    didn’t know that the brainless sucked up to Danny the Nanny to such an extent. This brainless was so fond of sending out emails to do damage control but on the RM10 million fine the brainless has been keeping silence until now. We in MAS would like to hear from the brainless what the hell is going on in MAS and who should be responsible for the implementation of the share suap.

    padan muka kena sumpah tiap hari. Ptui! kepada brainless.

    Reply
  11. Zam

    What is the point of having Slumberjack as the adviser? It is better to keep the RM30k a month for other staffs who worked their hearts out for MAS. The Slumberjack is only good for zz……….zzz…….zzzzzzzzzzzzzzzzzzzzzzzzzzz …….. Get rid of the Slumberjack and the cronies of the pariah in MAS from the top to the bottom. We cannot afford to have our enemy in our home especially in the topLESS management.

    I hope that MACC and SC will start to investigate into this scandalous share swap deal brokered by Azman Mokhtar and his crony, Danny boy.

    Reply
  12. hafizal

    The evidence was so glaring and yet AJ is still keeping silence. The newly Spin Doctor is also very quiet. perhaps the evidence is too clear for that shameless AJ to refute. Hence the silence which was so deafening. There is no point for AJ to hold on to his fat pay job because every staff in MAS sudah tahu his nonsense. He can no longer hide. If Aj wants to leave MAS in disgrace like his good friend Danny the nanny then he will get the reward soon.

    Reply
  13. Peng

    Now I know that TS Md Nor is a good friend of the pariah.

    MACC and SC must move in to investigate into this share swap and the culprits must be hauled up for questioning. MyCC must stand firm and don’t allow the pariah and the unseen hands to influence its decisions. At least we can take comfort that Tan Sri Siti Norma is the chairman of MyCC.

    Reply
  14. Izmee

    The CON men are still keep very quiet. MACC and SC please act. There is no reason for you not to act when the evidence are so clear.

    Reply
  15. Fazli

    MACC and Bursa why there are no action taken against those involved in the share Suap? Nak nanti sampai bila? Semua Gaji buta.

    Reply
  16. Kamarul

    The bast.rds are still keeping quiet because RM10 million had to be paid by MAS. if it had to be paid by them or their generations they would be jumping high and low. These are the type of CEO that must be kept out from any GLCs or other public companies. They can run their own family business and sign away whatever they want but not GLCs. They must be held responsible for their actions. The very least they could do for their own self respect is to take responsibility and resign. But that short ass AJ had no principle because the salary of more than RM200,000 is more important to him. The PM must remove him and instruct AG to institute legal proceedings against AJ, Amokh, Rashdan, Md Nor, Tony and kamarudin to make them responsible for their actions.

    Reply
  17. Hisham

    AJ is pilot MAS to no man land. He is without his co-pilot that Danny the Nanny. No wonder he need so many Bollywoods and Hollywoods to hold his hands. What a bloody idiot to be Group CEO of MAS.

    Reply
  18. ishak

    What did MAS state in its reply to MyCC? I bet you that AJ will have nothing much to say accept that MAS was not aware of the offences committed under the Competition Act. By the way MAS has a legal adviser Dr Wafi at that time. Dr Wafi is an expert in Competition laws. Hope MyCC will increase the fine as an example to others.

    Reply

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