STAND UP For SUARAM
CCM/SUARAM – Chronology of events
On 3rd July, 2012, a team of officers from the Companies Commission of Malaysia (“CCM”) led by Assistant Registrar, Azahari Ab Rahman had attempted to serve a Notice of Inspection pursuant to s7B of the Companies Act 1965 (“CA 1965”) to Suara Inisiatif Sdn Bhd, however it was pointed out by SUARAM that the said notice was defective and hence, invalid. One officer from the CCM scheduled and informed SUARAM that the CCM team will return at 10:30AM the next day.
On 4th July, 2012, the Directors, Chairman, secretariat members and staff of Suara Inisiatif Sdn Bhd together with lawyers have arrived at the organisation’s office at or about 10:00AM in anticipation of the CCM’s scheduled visit to re-serve a proper s7B notice. However, the team of officers arrived at the office at or about 5:53PM, long after the persons authorised to accept service have taken leave for home. The team left the office when they could not serve a set of revised notices despite the staff offered to accept service on behalf of Suara Inisiatif Sdn Bhd. An offer by SUARAM to arrange service on another date was also turned down by the Assistant Registrar.
On the 6th July, 2012, SUARAM has received Notices of Inspection pursuant to s7B(2) and s7(11)(a) CA 1965 from the CCM vide registered mail. The said notices require directors, Dr. Kua Kia Soong and Dr. Yeoh Seng Guan to produce information and documents to the CCM on 13th July, 2012.
On the 13th July, 2012, SUARAM together with their lawyers were present at the CCM office. In view of the short notice and the need for clarification on the information and documents requested by CCM, we have applied for an extension of time to compile and furnish 4 year records for the CCM. Our lawyers explained to the CCM that the information and documents set out in the notices to all parties are substantially similar and to facilitate the process, CCM should consolidate the notices. Fresh notices with similar content were served to Dr. Yeoh Seng Guan and our Finance Manager, Danapakiam Savari on even date at the CCM office. The earlier notices (3 attempts) to all parties were effectively invalidated and cancelled by CCM.
On 20th July, 2012, in compliance with the notices of inspection dated 13th July, 2012 and CCM’s clarification on the requested information and documents vide letter dated 18th July, 2012, we produced the following information and documents to the CCM:-
i. List of detailed information on administrative expenses for the year ended 2008-2011;
ii. List of detailed information on company’s business activities for the year ended 2008-2011;
iii. General ledger including Trial Balance and Chart of Accounts;
iv. Supporting documents related to income including letters, cheques, contracts, bank statements, receipts, invoices and Delivery Orders; and
v. Supporting documents related to expenses, including bank statements and staff listing.
Subsequently, Social Security Organisation (“PERKESO”) had, in a notice dated 3rd August, 2012, ordered SUARAM to produce a list of documents to the office on 30th August, 2012. In compliance to the notice, we had produced the requested documents to the office. However, to our surprise, the officer in charge was clueless as to our presence even after being shown the letter sent to us which were signed off by none other than himself. This was despite a strict warning in the letter stipulating a fine up to RM10, 000.00 or 2 year imprisonment or both in the event of non-compliance.
The same day, Domestic Trade, Cooperatives and Consumerism Minister, Ismail Sabri Yaakob had stated in a press conference that SUARAM’s accounts are highly suspicious. He maintained that CCM’s investigation on SUARAM was not politically motivated despite the obvious on-going campaign against SUARAM. An UMNO lawyer had also implied that SUARAM is a money laundering terrorist organisation and called upon Bank Negara to take immediate actions against SUARAM.
On 5th September, 2012, 2 officers from CCM served notices pursuant to ss 7C and 7D(1) CA 1965 to SUARAM’s company secretary and auditors. The S7C notices require the secretary and auditors to produce a list of documents to the CCM for investigation while S7D(1) notices require the secretary and auditors to appear at CCM on 10th September, 2012 for investigation. All documents, original and copies, related to SUARAM were seized by the officers without a prior service of a search warrant. SUARAM lawyers had requested for a written explanation from the CCM, on the grounds of CCM’s dispensation of warrant but have yet to receive any respond.
On 7th September, 2012, 2 officers from CCM served notices pursuant to s7D(1) CA 1965 to SUARAM Finance Manager, Danapakiam Savari, Refugee Coordinator, Sarah Devaraj, Directors, Dr Kua Kia Soong and Dr Yeoh Seng Guan and Executive Director, Enalini Elumalai. Dr Kua Kia Soong, Dr Yeoh Seng Guan, Enalini Elumalai are scheduled for investigation on 18th September, 2012.
On the same day, Wisma Putra had expressed its intention to summon the German Embassy in Kuala Lumpur to explain the alleged chanelling of funds to Suara Inisiatif Sdn Bhd for activities which purportedly show its “…partiality to certain issues that have implications on Malaysia’s domestic situation…”
On 10th and 11th September, 2012, SUARAM’s company secretary and auditors were investigated by CCM. On 13th September, 2012, SUARAM’s Danapakiam Savari and Sarah Devaraj were investigated by the CCM. CCM’s investigation on Danapakiam Savari resumes on the 18th September, 2012.
On 11th September, 2012, a meeting between the CCM, Malaysian Communication and Multimedia Commission (“MCMC”), Central Bank (“Bank Negara”), Registrar of Societies (“RoS”), PDRM and Home Ministry was held to determine the jurisdictions of respective agencies and actions to be taken against SUARAM.
On 13th September, 2012, former SUARAM staff family home was visited by officers believed to be from CCM, looking for the former staff and had enquired about matters pertaining to registration of businesses. The officers obtained the persons mobile number from her parents upon learning that she was not at home.
On the same day, SUARAM Chairman, Arumugam Kalimuthu received by registered mail a notice pursuant to S7D(1) CA 1965 and was summoned to appear at CCM for investigation on 19th September, 2012.