October 08, 2012 17:27 PM
KUALA LUMPUR, Oct 8 (Bernama) -- A prominent French
Government prosecutor has denied reports circulating among some Malaysian online
news portals of an ongoing trial in France, on allegations of corruption by a
French company over the purchase of two French-made Scorpene submarines by
Malaysia in 2002.
Yves Charpenel said the media in Malaysia should be able to
distinguish between rumours and facts, and between investigations and a trial.
"I am aware about all the fuss kicked up by certain
media (organisations) in Malaysia over this matter but what I can say is that
this is nothing more than a trial by the media," he told Bernama here
today.
Charpenel, who was a former head of prosecution in France
and now a state prosecutor and an executive member of the International
Association of Anti-Corruption Authorities (IAACA), was here to attend the
four-day IAACA conference and general meeting which ended yesterday.
Following a complaint filed in 2009 by Suaram, a Malaysian
human rights non-governmental organisation (NGO), that a French company had
allegedly paid bribes to a Malaysian firm for the submarine deal, he revealed
that two independent "investigating judges" started their
investigations earlier this year.
Charpenel said that in France, as in other countries
practising the rule of law, all investigations were done in absolute secret.
He said, it was anybody's right to file a complaint and due
to the secret nature of the investigations, some resorted to complaining to the
media.
He explained that for specific cases in France, the Justice
Ministry would ask an independent judge, called an "investigating
judge", to investigate.
"He is just an investigator. This is an old system that
started from the Napolean era. If the investigating judge wants someone to come
to Malaysia, he has to ask from your government because we have what is called
the Treaty of Mutual Legal Assistance. And the Malaysian government can say
'yes' or 'no'.
It has to be decided by the Malaysian authorities.
"A French investigating judge cannot take his luggage,
take a plane and go to Malaysia and ask someone to answer his questions. It is
impossible, it is against the French law and it is also against international
law," stressed Charpenel.
He pointed out that in France, as elsewhere, the course of
justice would not be dictated by the media.
As he put it,"In France, the time of justice is
different from the time in media. Of course, the media needs data, information,
news. It's natural but the investigation is quite different. This is exactly
the same, whether in France or in Malaysia.
"And, it has to be secret. We are now in the first
step, maybe, we got another step, maybe not, and it is quite early to say
more."
Asked about media reports that French lawyers representing
Suaram in the suit would be coming to Malaysia to brief their clients,
Charpenel said any lawyer from any country was free to do so because he was
paid by his clients.
"He can speak freely to the press, that's freedom or
human rights. But he is not a prosecutor. He is not an investigating judge. He
is not an official."
In April this year, local Opposition politicians here had
even called for Malaysian officials to testify in Paris or risk being
ostracised in the European Union.
"A trial is a trial with all the rules. Investigation
is another thing," said Charpenel of the misinformation generated by
certain news portals over allegations that a trial was already underway.
Defence Minister Datuk Seri Dr Ahmad Zahid Hamidi also said
over the weekend that the Auditor-General had declared the Scorpene deal was
done in accordance with legal procedures.
-- BERNAMA