Now Everyone Can Bribe Directors of AirAsia & AirAsia X!

On 31 January 2020 the Learned UK Crown Court Judge, Dame Victoria Sharp P, delivered a damning Judgement / Verdict in a case between the Director of Serious Fraud Office of UK and Airbus SE for giving bribes to directors and employees of AirAsia and AirAsia X of Malaysia and others.

In her judgment, Dame Victoria Sharp said: The seriousness of the criminality in this case hardly needs to be spelled out. As is acknowledged on all sides, it was grave.”  “The number of countries subject to intense criminal investigation by the various agencies, and the scale and scope of the wrongdoing disclosed in the Statement of Facts demonstrate that bribery was to the extent indicated, endemic in two core business areas within Airbus,” she added

The said judgment arose from an application asking the UK Crown Court for approval to defer prosecution agreement reached between the UK Serious Fraud Office (SFO) and Airbus SE. In the said Judgement Airbus has to pay Euro 990,963,713 into the Consolidated Fund through SFO.  Yours truly has incorporated below the full writtenJudgment for those who would want to read it.

Backgrounds – AirAsia / Tony Fernandes Was On Shopping Spree

Captain Loke, our shameless Malaysia Minister of Transport, was seen in public together with his buddy Tan Sri Tony Ferndandes recently. They must be discussing about how the outbreak of the deadly Coronavirus in Wuhan!

On 23 June 2011 the buddy of our Minister of Transport, Anthony Loke aka “Captain Anthony Loke”, Tan Sri Tony Fernandes of AirAsia proudly announced AirAsia purchased 200 A320 neo aircraft from Airbus, this was a record deal in history, HERE.  Of course,  AirAsia had been deferring deliveries of some of the ordered aircrafts.

On 19 July 2018 Tan Sri Tony Fernandes, the CEO of AirAsia Group, had again announced that AirAsia had purchased another 100 aircraft from Airbus so that AirAsia X could fly out from Malaysia to London and other European cities like Vienna and Prague, HERE.  In 2020 we are still waiting for AirAsia X to fly to London, Vienna and Prague but no sign at all.

According to the above press reports, within 3 years AirAsia had bought a total 300 aircraft from Airbus.  According to the said Grounds of Judgment AirAsia had bought 406 aircraft!

No other airlines in the world could match AirAsia when purchasing aircraft is concerned.  AirAsia X has been making losses and yet it was able to buy new aircraft. Malaysia boleh!

Count No: 1 of The Charges Against Airbus & Connected To Directors/Staffs of AirAsia & AirAsia X

Airbus had admitted to many counts of payments of bribe to directors of companies and government official. Each of the counts on the Indictment concerns similar conduct, the detail of which can be found in the Statement of Facts.  In brief, persons associated with Airbus, not exclusively its employees, offered very substantial sums of money by way of bribes to third parties in order to secure the purchase of aircraft, by civil airline companies, in counts 1 to 4; and by the Government of Ghana, in count 5.

Malaysia is of course top of the list of charges. The two directors and staffs of AirAsia and AirAsia X have made us famous overnight!  We should be proud of the said two directors AirAsia and AirAsia X, who have been identified as AirAsia executives 1 and 2!

In Paragraphs 39 and 40 of the said Judgement, the Learned Judge had stated the following:

Count 1:     Malaysia

Paragraph 39 of the Grounds of Judgment

The first count alleges that contrary to section 7 of the Bribery Act 2010, between 1 July 2011 and 1 June 2015, Airbus SE failed to prevent persons associated with Airbus SE from bribing others concerned with the purchase of aircraft by AirAsia and AirAsia X airlines from Airbus, namely directors and/or employees of AirAsia airlines where the said bribery was intended to obtain or retain business or advantage in the conduct of business for Airbus SE.

Para 40

Para 40 AirAsia and AirAsia X are two major airlines in Southeast Asia, headquartered in Malaysia and were significant customers of Airbus at the time of the offences. Between October 2005 and November 2014, AirAsia and AirAsia X ordered 406 aircraft from Airbus, including 180 aircraft secured during the indictment period by way of improper payment (made by EADS France SAS, later Airbus Group SAS), and the offer of a further improper payment. The improper payment consisted of $50 million (and Airbus employees also offered but did not pay an additional $55 Million) paid to directors and/or employees of AirAsia and AirAsia X airlines as sponsorship for a sports team. The sports team was jointly owned by AirAsia Executive 1 and AirAsia Executive 2 but was legally unrelated to AirAsia and AirAsia X. The additional improper payment was prevented by the October 2014 freeze on payments to BPs described at para 29 above.”

The Directors Of AirAsia and AirAsia X

Director of AirAsia: 3rd from left: Datuk Kamarudin Meranun 5th from left: Datuk Abdul Aziz bin Abu Bakar & 6th from left:Tan Sri Tony Fernandes

AirAsia X – Board of Directors

1.  Tan Sri Rafidah Aziz (senior Independent Non-Executive Chairman

2.  Datuk Kamarudin Mernanun (Non-Independent Non-Executive Director)

3.  Tan Sri Tony Fernandes (Non Independent Non-Executive Director)

4.   Dato’ Yusri Mohamed Yused Yusof (Independent Non-Executive Dirtector)

5.   Lim Kian Onn (Non-Independent Non-executive Director)

6.   Tan Sri Asmat Kamarudin (Independent Non-Executive Director

7.   Dato’ Fam Lee Ee (Non-Independent Non-Executive Director) (MCA Youth)

AirAsia Bhd – Board of Directors 

1.  Datuk Kamarudin Meranun (Non-Independent Non-Independent  Executive Chairman)

2.  Tan Sri Tony Fernandes (Non Independent Executive Director & Group CEO)

3. Dato’ Abdel Aziz @ Abdul Aziz bin Abu Bakar (Non-Independent Non-Executive Director)

4.  Dato’ Mohded Khadar (independent Non-Executive Director and Chairman of Audit Committee

5.  Dato’ Fam Lee Ee (Independent Non-Executive Director) (MCA Youth)

6.  Mr Stuart L Dean (Independent Non-Executive Director).

7.  Noor Neelofa Mohd Noor (Independent Non-Executive Director)

Historical Facts On The Two Top Brass of AirAsia:  Tony Fernandes & Kamarudin Meranun

1.   Tony Fernandes Was Probed By Indian Authorities On Allegations of Bribery To Obtain Flying Licence
Left to Right:  Datuk Kamruddin Meranun, Captain Loke the Minister of Transport and good buddy of Tony Fernandes and Tan Sri Tony Fernandes

On 29 May 2018 it has been reported by Reuters that Indian police said they have filed a case against AirAsia group Bhd, the airlines C EO Tony Fernandes  and its domestic entity ion India over allegations of corruption and breaking rules in obtaining a flying licence. The Central Bureau of Investigation (CBI) accused the airline, some of its employees and third parties of violating India’s foreign direct investment rules while obtaining the license, and of bribing government officials in an attempt to get regulations relaxed to allow AirAsia India to fly international routes.

In its complaint, the CBI said the airline, Tony Fernandes and others “chose to beat the legal frameworks and policies of the aviation sector of India” and lobbied government officials “to secure mandatory approvals, some of them through non-transparent means”.  Please read HERE.

On 16 January 2020. it has been reported in  Business Today of India that AirAsia Group Bhd’s Tony Fernandes has been summoned by Enforcement Directorate (ED) In India for questioning regarding irregularities of funds and even criminal misconduct by AirAsia when it was lobbying for its operational licences in India, HERE.

It is not known whether to date Tony Fernandes the Group CEO of AirAsia had submitted himself for the said investigation.

2.   Datuk Kamarudin Meranun Was Involved In Insider Trading  During MAS-AirAsia Share “SUAP”

Datuk Kamarudin Meranun proudly showing his  MAS credential during the infamous MAS-AirAsia shares “SUAP”.

In 2011 Datuk Kamarudin Meranun was believed to have made some huge trading profits out of the proposed “MAS-AirAsia share SUAP” deal between the substantial shareholders of then MAS and AirAsia Group Bhd. It was an insider trading, HERE.

As a result of the finding of the said insider trading by  the Security Commission, Datuk Kamarudin Meranun, the Executive Chairman of AirAsia Group, had to enter into a settlement with the Security Commission and paid RM3.64 million for acquiring 5.66 million MAS shares between 1-5 August 2011, HERE.

The said share “SUAP” was engineered by the morons in Khazanah under the former MD of Khazanah, Tan Sri Azman Mokhtar, and it was announced on  7 August 2011,HERE.

In September 2019, the morons in Khazanah were up to their old tricks this time it was trying to merge MAS with the ailing AirAsia X, which had been making huge losses for some years, HERE.

Recently we have also heard that the morons in Khazanah were trying to again “handover” MAS on a silver platter to AIrAsia. Thank God that there was immense public pressures against the said disposal and it has gone quiet at least for now.  Knowing the backgrounds of the said morons in Khazanah they will strike again. We must closely watch them.

Who Are the AirAsia Executives 1 & 2?

AirAsia changed the livery on its aircraft to BN’s GE 14th Campaign slogan, “Hebatkan Negaraku”. Left:  Datuk Kamarudin Meranun (in white shirt), (the non-independent Executive Chairman of AirAsia Group). Centre: Najib. Extreme right: Tony Fernandes (in black shirt)(the Group CEO of AirAsia).  Please guess who were the AirAsia Executives 1 or 2.

Who were the AirAsia Executive 1 and AirAsia Executive 2 ?  Yours truly believes that all of you know who they were!  It is an open secret. If by chance you do not know, please make a guess and you will no doubt hit the bull eye.

Over To Puan Latheefa Koya  / MACC / SPRM

The arrest and detention of Dato’ Dr Siew Ka Wei (Ancom Bhd executive chairman) and Elizabeth Ken, the CEO of Geeko Tech Sdn Bhd and media specialist of Redberry Media Group, which is another outfit of Siew ka Wei. Redberry is connected to Ancom Bhd.

MACC/SPRM should be interested to examine thoroughly the Grounds of Judgment and take the necessary actions. Thereafter, SPRM / MACC can always NFA (No further Action) it after a few months like what it had done on several high profile cases. Rumour has it that the scandalous ‘Speedy Gonzales” Geeko RM100 million deal involving Dato’ Siew Ka Wei, who is the executive chairman of Ancom Bhd, and Elizabeth Ken, the Redberry Media Specialist, had been classified as “NFA” (No Further Action). Please read HERE.

$50 million Paid To the Directors Of AirAsia As “sponsorship” Of the Sport Team, Which Was Jointly Owned By the Executive 1 & 2 But Legally Unrelated To AirAsia & AirAsia X!

Count No: 1 at para 40 of the Grounds of Judgment

… The improper payment consisted of $50 million (and Airbus employees also offered but did not pay an additional $55 Million) paid to directors and/or employees of AirAsia and AirAsia X airlines as sponsorship for a sports team. The sports team was jointly owned by AirAsia Executive 1 and AirAsia Executive 2 but was legally unrelated to AirAsia and AirAsia X. The additional improper payment was prevented by the October 2014 freeze on payments to BPs described at para 29 above.

Was the “Sport Team” referred to in part of Count 1 above  was the Caterham F1 Team?  If it is.  According to Wikipedia: The Caterham F1 was a Malaysian, later British owned Formula One team based in the UK. which raced under a Malaysian licence.  The Caterham brand competed in the Formula One World Championship in. 2012 – 2014, following the acquisition of British sport car manufacturer Caterham Cars by former owner and team principal  Tony Fernandes, forming the Caterham Group, HERE.

During the happy time in Caterham

(L to R): Riad Asmat (the son of Tan Sri Asmat – director of AA) of AirAsia (MAL) Caterham F1 Chief Executive Officer with Datuk Kamarudin Meranum of AirAsia (MAL) Caterham F1 Shareholder; Mike Gascoyne (GBR) Caterham Group Chief Technical Office; and Tony Fernandes of AirAsia  (MAL) Caterham Team Principal at a Caterham F1 Team Photograph.
25.03.2012. Formula 1 World Championship, Rd 2, Malaysian Grand Prix, Sepang, Malaysia.

Tony Fernandes Sold Caterham To A Swiss Group

In October 2014 Tony Fernandes announced then the sale of Caterham. Please see the Guardian report entitled “F1 team Caterham threaten former owner Tony Fernandes with legal action“.  According to the UK Guardian Newspapers report, Tony Fernandes spent £250 million on the organisation and then sold it. Please also read Paul Tan’s posting, HERE.

Lets wait for the Airbus scandal to unfold a little bit more then we will get a clearer picture on the scandal.  For now we hope that the AirAsia Executive 1 or 2 will come out to clarify what had been stated in the said Grounds of Judgment.

Over to Security Commission & Bursas KL (KLSE)

The $50 million (equivalent RM204 million) bribe paid by Airbus to the AirAsia Executives 1 and 2 should be treated as income for airAsia and AirAsia X.  However, according to paragraph  39 of the said Grounds of Judgment the RM205 million was paid under the scheme of “sponsorship” to  a sport team which was unrelated to AirAsia or AirAsia X. In short the RM205 million was paid to the personal company of AirAsia executives 1 and 2.

No doubt this RM204 million that was received from Airbus was not reported in the respective Annual Accounts of AirAsia Bhd and AirAsia X Bhd. If the RM204 million was reported it would have changed the respective Annual Accounts of AirAsia X drastically.

In the best interest of the investing public, the Security Commission (Suruhanjaya Sekuriti) and Bursa KL are duty bound to launch an immediate investigation into the receipt of the said bribe of RM204 million by AirAsia executives 1 and 2.

The Full Grounds of Judgment / Verdict Of UK Crown Court 

If you don’t want to read the whole judgment, please proceed to paragraphs 39 – 40 at page 10 – 11 for the payments made to the directors and employees of AirAsia and AirAsia X.

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Grounds of Judgment page 2

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Grounds of Judgment page 3

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Grounds of Judgment – page 4

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Grounds of Judgment – page 5

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Grounds of Judgment – page 7

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Grounds of Judgment – page 8

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Grounds of Judgment – page 9

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Grounds of Judgment – page 10

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Grounds of Judgment – page 11

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Grounds of Judgment – page 12

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Grounds of Judgment – page 13


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Grounds of Judgment – page 14

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Grounds of Judgment – page 15

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Grounds of Judgment – page 16

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Ground of Judgment – page 17


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Grounds of Judgment – page 18

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Grounds of Judgment – page 19

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Ground of Judgment – page 20

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Grounds of Judgment – page 21

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Grounds of Judgment – page 23

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Grounds of Judgment – page 24

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Grounds of Judgment – page 25

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Grounds of Judgment – page 26

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Grounds of Judgment – page 27

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Grounds of Judgment – page 28

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Grounds of Judgment – page 29

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Grounds of Judgment – page 30

End

Unmasked – key players of the shady “Speedy Gonzales” Geeko deal

2nd left: Dato’ Siew Ka Wei & 4th left: Elizabeth Ken

Updates at 9 pm on 15-01-2019:  Today Puan Siti Nor Binti Minu, Setiausaha Bahagian Kewangan of MOTAC, was summoned to MACC to give statement for more than 6 hours.  Soon Puan Azleen Binti Mat Zip, Director of Finance Tourism Malaysia, will also be summoned by MACC to give statement too. She should explain how TM could operate in deficit to a tune of few hundred million Ringgit.  She should also hand over the TM payment voucher with the signature of one high ranking officer of TM, who collected the cheque in the sum of RM11,960,160.00 (first payment) on behalf of Geeko! 

This particular high ranking officer must be a very kind hearted man indeed!!

Stay tuned.

Updates at 10:00 pm on 11-01-2019: 

Dato’ Siew Ka Wei and Ms Elizabeth Ken are due to be released between 8:30 am – 9 pm tomorrow morning. Datuk Rashidi Bin Hasbullah will be back to MACC HQ for questioning. He will bring along Puan Nora, the legal advisor of TM to accompany him. 

Updates at 12:30 pm on 11-01-2019:

Datuk Rashidi Bin Hasbullah, KSU of MOTAC, has been summoned to MACC HQ this morning. Datuk Mirza the former DG and the person who signed the “Speedy Gonzales” contract will resume to give his statement today.  Dato’ Siew Ka Wei was a powerful corporate figure before 14th GE. His many outfits have been awarded exclusive contracts from Petronas, MRT, MAHB and others. The Malay Mail’s editor-in-chief, Datuk Wong Sai Wan, is a director of Siew’s outfits. Malay Mail is connected to Redberry Media Group.  Stay tuned.

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If the government procurement policy is followed, the rakyat would have been spared from witnessing the famous and powerful Dato’ Siew Ka Wei and Ms Elizabeth Ken Tzu Ying (Elizabeth Ken) in the orange uniform.

Under the government procurement policy, it is mandatory for all companies to be registered with Ministry of Finance (MOF) before doing any business with any ministries or agencies.  In the case of the scandalous “Speedy Gonzales” Geeko direct nego contract worth RM99.693 million with Tourism Malaysia (TM), TM chose not to adhere to the mandatory requirement of MOF.

The Glaring Events:

On 6 November 2017 Geeko Tech Sdn Bhd (Geeko) was incorporated. One of its shareholders is Koperasi Kakitangan Kementerian Pelancongan dan Kebudayaan Malaysia Berhad (KOPEMA). KOPEMA’s president is Datuk Musa Yusuf (Musa) and deputy president is Datuk Ammar (Ammar). Musa is the newly appointed DG of TM, HERE.

At the material time, Musa was known to be one of the active promoters of the shady Geeko deal. Musa knew or ought top have known in November 2017 or even earlier that Geeko was the “Special Purpose Vehicle” for someone and he was one of the main facilitators.

On 4 April, 2018, at 11:45 am, Lembaga Perolehan ‘A” (Lembaga) of Ministry of Tourism and Cultures (MOTAC) chaired by Datuk Rashidi Bin Hasbullah (Rashidi), KSU, attended by Datuk Mirza Mohamed Taiyap (Mirza), the recently retired DG, and two others. It approved the shady Geeko deal. At that material time, TM did not have the fund for the Geeko deal.

It must be noted that 2016/2017 TM already entered into a contract with Kraken Interactive Sdn Bhd (Kraken) to provide TM with digital marketing platform. The little napoleons in TM happily paid RM40 million to Kraken for producing apps and some advertising without question. Of course, one of the director of Kraken is none other than Raja Firdaus, a close family friend of Datuk Ammar. According to the Lembaga minutes of 4 April, thereuswas no reference made about TM had already signed an agreement and paid Kraken to do digital marketing platform for TM. For full details of the Kraken’s deal and the questionable relationship between Raja Firdaus and Ammar, please read HERE. This Raja Firdaus is well connected in MOTAC and TM.

It was clear that the said Lembaga meeting was just to meet the requirement on paper. No more no less.

On 4 April, 2018, the Geeko deal was evaluated and negotiated. The agreement was prepared and signed on the same day. Mirza signed on behalf of TM and Elizabeth Ken for Geeko.

The shady “Speedy Gonzales” Geeko Contract dated 4 April 2018.
Certificate of Registration of GEEKO with MOF dated 6 April 2018.

On 6 April, 2018, Geeko was registered with MOF, two days after the signing of the said “Speed Gonzales” Geeko agreement.

Therefore, on 4 April, 2018 the Lembaga met and approved the shady deal, and Mirza signed the said “Speedy Gonzales” agreement, at that material time Geeko was not registered with MOF. Under such circumstances, the Lembaga and TM should not have dealt with Geeko let alone proceed to approve the shady “Speedy Gonzales” Geeko deal and proceeded to sign the said agreement on 4 April, 2018.

On 23-4-2018 Geeko submitted a claim for RM11,963,160.00 to TM.

On 27-4-2018 Datuk Seri Khani Bin Daud (Khani), the deputy DG (Promotion) of TM, approved the claim for payment. This payment should not have been approved because on 4 April 2018 Geeko was not registered with MOF.

Prior to May 9, 2019 (polling day for 14th GE) TM made the full payment of the RM11,963,160.00 to Geeko. This payment was approved and paid unusually fast by the standard of TM. The speed in which this payment was made was unprecedented.  The cheque for the said sum of RM11,963,160.00 was also collected on behalf of Geeko by one of the top officials of TM. Guess who?

For documentary proof to support the chronology of events for the shady Geeko deal, please click HERE.

TM Has Been Operating Under Deficit For Years

To digress a little, from 2017 to now TM has been operating under a deficit.  As of this date, the deficit stands at about RM130 million.  Auditor General already uncovered this deficit and instructed TM to resolve it. Until now TM has yet to resolve because it has no money to pay its debtors. But it managed to squeeze from somewhere in TM or MOTAC to pay the RM11,963,160.00 to Geeko.

Why The Shady Geeko Deal Was Not Terminated??

It seemed that MOF had instructed MOTAC and/or TM not to make further payment to Geeko and to terminate the shady Geeko deal.  However, until now, MOTAC and/or TM have not taken step to terminate the shady RM99.693 million Geeko deal.  See how powerful these little napoleons in MOTAC and TM.

The Main Players:

left: Dato Siew Ka Wei, 2nd left; YB Datuk Seri Nazri Aziz, the then Minister of MOTAC & 3rd left: Datuk Mirza , the then DG of TM. This picture was taken in the afternoon of 4 April 2018 during the launching of Smart Tourism 4.0 in connection with Geeko at Istana hotel.
Left: Datuk Rashidi Hasbullah, KSU Kementerian Pelancongan & Kebudayaan. Picture taken during the 14th GE campaign.

Rshidi, Mirza and Khani must be held accountable because from day one (4 April 2018) TM should NOT have dealt with Geeko let alone signed the said agreement and made payment.

Musa being the president of KOPEMA knew or ought to have known about the “Speedy Gonzales” Geeko deal when KOPEMA became the shareholder of Geeko in November 2017. Musa was also part of the top management of TM.

Mirza has been called up and interviewed by MACC for the past three days.

The Relationship Between Datuk Siew Ka Wei & Elizabeth Ken

Elizabeth Ken is the CEO and shareholder of Geeko Tech Sdn Bhd. She is also the media specialist of Redberry Media Group.
Left: Tan Sri Mohamed Al Amin. Right: Dato Siew Ka Wei. These are the two powerful corporate figures before 14th GE.

At the material time Datuk Siew Ka Wei was the chairman of TM, executive chairman of Ancom Bhd and managing director/CEO of Redberry Media Group (Redberry).

Elizabeth Ken is the media specialist of Redberry, CEO and shareholder of Geeko.

Cronyism?

On 8 January 2019 both Siew and Elizabeth were arrested and detained by MACC.  On 9 January 2019, MACC obtained an order from the Putrajaya Magistrate Court to remand both of them for four days until 12 January 2019 to assist MACC in its investigation into the shady “Speedy Gonzales” Geeko deal. Star reported today:  “MACC Looking At Cronyism Angle”.

The Minister of MOTAC and Auditor General must step in to also investigate how could TM operate on a deficit of more than RM100 million from 2017 until now.  All government agencies were supposed to operate on an approved budget but not for TM. TM must be a special specie. Hence it has been embroiled with scandals after scandals.

The shady ‘Speedy Gonzales” Geeeko deal could not have been sealed by just two persons namely Mirza and Elizabeth Ken, both of whom were the two signatories to the said agreement.  MACC should also interview Rashidi, Khani, Musa and Ammar, the other main players. The reason being that Rashidi, Mirza, Khani, Musa and Ammar, are in the top management of MOTAC or TM. They knew very well of the mandatory requirement of registration of a company with MOF before dealing with it. But they chose to ignore the mandatory requirement.

The officers in Redberry should also be interviewed in order to get to the bottom of this shady ‘Speedy Gonzales” deal because of the direct relationship of Elizabeth Ken with Redberry and Geeko.

MACC Should Re-Visit The Case Connected To a “Datuk Seri” In TM

In September 2016 MACC raided Tourism Malaysia HQ. MACC officers was there for 4 days.

Just to recap.  On 22 September 2016 MACC raided TM, carted away documents in connection with purchase of flight tickets that were made from a travel agent, which belonged to the relative of the “Datuk Seri”. MACC investigated this matter and it went quiet until today. For more detail of this case, please read HERE.  MACC may want to re-visit this glaring case, which was abruptly closed.

Stay tuned