Media statement by Tony Pua Kiam Wee in Kuala Lumpur on Sunday, 14^th August 2011:

Najib and Nazri can be charged for gross negligence if the civil suits filed by the GLCs against Tajuddin Ramli are withdrawn before a satisfactory settlement is achieved

The Prime Minister Datuk Seri Najib Abdul Razak and Minister in Prime Minister's Department must be warned that they could be sued for gross negligence in the carrying out of their duties by directing Government Linked Comanies (GLCs) to withdraw all civil suits against former MAS Chairman Tan Sri Tajuddin Ramli.

Should the civil suits be withdrawn before a satisfactory settlement is achieved, and if a settlement could not be achieved subsequently, there will no longer be any recourse for these GLCs to reclaim the debts outstanding or damages and compensation from Tajuddin.

This is because they would not be able continue with the existing suit against Tajuddin once they are withdrawn. At the same time, because the claims were for actions which occurred more than 6 years ago, the GLCs will not be able to initiate new legal actions against Tajuddin as it would be time-barred.

It would mean that Tajuddin will get away scot free without having to pay a single sen for his billions of ringgit in debt as well as any compensation for damages he may have caused to the various GLCs, especially MAS through negligence, abuse or maladministration.

Tajuddin who is well-advised, would have little or no incentive at all to "settle" any of the outstanding sums or claims once the suits are withdrawn. This is unless of course, the intended "settlement" is not with the GLCs but a clandestine "off-site" solution with Najib, as suggested by the latter.

What assurance can Najib or Nazri give to Malaysian tax-payers that their monies will be well-protected and that Tajuddin will indeed pay off the bulk, if not all of his debt to the Government and GLCs? If no assurance can be given, one can only conclude that the Ministers have been reckless and grossly negligent intentionally or otherwise, in decreeing the withdrawal of civil suits against Tajuddin, knowing full well that the latter is in all likelihood going to get away scot free.

If the current Attorney-General is unwilling to consider the above action against the Prime Minister due to the complete lack of independence of the former's office, Najib can be assured that full, open and transparent investigations will be carried out by the Pakatan Rakyat government against his misdeeds should we secure victory in the next General Election. This is to ensure that those who have knowingly and negligently caused losses to the Government's coffers will be held accountable and will not be let off unpunished.

In the meantime, Nazri must immediately withdraw his directive to GLCs to ensure that the rakyat's interest can be fully protected by the respective Board of Directors and the legal advisors they have entrusted with the legal suits.

* Tony Pua Kiam Wee, DAP National Publicity Secretary & MP for Petaling Jaya Utara