Call on Mahathir to announce in his 2003 Budget on Friday a   Royal Commission of Inquiry into corporate fraud, inquiring in particular into   the two RM7.9 billion   MAS bailouts and the biggest corporate pardon for Halim Saad's RM3.2 billion UEM "put option"


Media Statement 
by Lim Kit Siang

(Petaling Jaya, Monday): After the police report about  RM259.3 million “fictitious  invoices” issued by Technology Resources Industries Bhd (TRI) in 1998 and 1999 lodged by the new TRI management after its takeover by Telekom Malaysia, the question uppermost in everyone’s mind is whether there are other such Enron-type corporate frauds in the country which have so far been swept under the carpet. 

When the Enron scandal erupted as the biggest business and political fraud in United States history, with America’s seventh largest company with sales last year of US$101 billion folding in the space of two months as its share price plunged from US$85 to barely 50 cents, Malaysians had also concerns about corporate good  governance, in particular the RM6.1 billion MAS second bailout after the initial RM1.8 billion bailout and the biggest corporate pardon for Halim Saad's RM3.2 billion UEM "put option" debt. 

The Malaysian Parliament, however, was totally impotent and irrelevant to deal with these concerns, unable to compel a proper accounting  into the two RM7.9 billion MAS bailouts and the biggest corporate pardon for Halim Saad's RM3.2 billion UEM "put option" debt in the way US Congress probed  the Enron and other  corporate scandals. 

The police report about the RM259.3 million TRI “fictitious invoices” have confirmed the worst  fears about the dark and seamy side of corporate governance in Malaysia and raised anew the urgent need for a full public inquiry to flush out the corporate frauds and scandals which have to date lain hidden away from the glare of public scrutiny and accountability.

DAP calls  on the Prime Minister and Finance Minister, Datuk Seri Dr. Mahathir Mohamad to be fully sensitive to these concerns and  to announce in his 2003 Budget on Friday the establishment of a   Royal Commission of Inquiry into corporate integrity with powers to investigate  into  the two RM7.9  billion MAS bailouts and the biggest corporate pardon for Halim Saad's RM3.2 billion UEM "put option" debt to ascertain whether there were mega-TRI false invoices and other  Enron-type corporate frauds in the corporate world in Malaysia. 

The  RM6.1 billion MAS restructuring involving assets sale to enable the national carrier  to retire some of its debts and provide RM820 million  as working capital to fast track its recovery back to profitability was purely  a second government bail-out  a year after the outrageous RM1.79 billion government buy-back of 29.09 per cent stake in MAS to bailout  Tan Sri Tajudin Ramli's Naluri Bhd. at the outrageous  price of RM8 per share, which was more than double the market price of  RM3.68 when the deal was signed  on 20th  December 2000. 

This is probably the first case in the world of a double government bail-out of a troubled or failed company totaling RM7.9 billion  - paying RM1.8 billion at more than double the market price  to become the largest shareholder of MAS and then one year later, committing another RM6.1 billion to inject cash into the national carrier by using various  government vehicles to  buy over some of the MAS assets. 

This is a very “creative” double bail-out of MAS, putting Enron to shame,  but is it in the interests of the Malaysian taxpayers? 

The  biggest corporate pardon in Malaysian history when the  RM3.2 billion  UEM "put option" debt of Halim Saad was arbitrarily and unaccountably cancelled was not only another dubious world-class  “creative” corporate development but raised fundamental questions as to the propriety of using public funds to rescue an individual from a private debt arising from a private commercial contract. 

Friday will be Mahathir’s last budget. Is he prepared to signal a clean break from the murky past of dubious corporate deals and the determined ushering in of good corporate governance with the establishment of Royal Commission of Inquiry into all forms of corporate fraud, including investigating the two bailouts of MAS totaling RM7.9 billion  and the corporate pardon for Halim Saad’s RM3.2 billion UEM “put option” debt?

(16/9/2002)


*Lim Kit Siang - DAP National Chairman