CIVIL society groups today vowed to fight for the return of CHF104 million (RM430 million) linked to 1Malaysia Development Bhd even as the Swiss Social Democratic Party (SP) drafts a new motion to have the money returned to Malaysia.

Centre to Combat Corruption and Cronyism (C4) director Cynthia Gabriel and Bersih 2.0 acting chairman Shahrul Aman said they uphold their right to pursue justice for the return of the money.

They said with Global Bersih, Swiss civil society group Bruno Manser Fund (BMF) and 110 endorsing Malaysian civil societies, they would continue to build the case.

They also do not buy 1MDB’s excuse the money did not belong to the state investor.

“1MDB’s excuse that the money belongs to the banks is poor reasoning as it is penalty derived from its own funds that is being transferred overseas.

“The three Swiss banks involved were fined because of their complicity in the laundering of 1MDB funds. In all cases, the banks were responsible for the dubious transfer of hundreds of millions of dollars.

“It is only right Malaysians pursue the repatriation of those funds,” they said in a joint statement this evening.

The money was seized by Swiss authorities from BSI Bank, Coutts & Co and Falcon Bank last year after they were implicated in alleged money laundering involving funds linked to 1MDB. The money is being held by the Swiss federal treasury.

However, 1MDB said earlier this week the RM430 million did not belong to the firm, but were fines imposed on banks.

The state investor said neither it nor the Malaysian government could claim the money.

Last night, after news broke that the first motion by MP Carlo Sommaruga was rejected by the Swiss Parliament, Gabriel, C4 and Malaysian opposition leaders came under attack from BN leaders.

Communications and Multimedia Minister Salleh Said Keruak accused them of “shamelessly trying to spread fake news by linking the motion to 1MDB” when it had nothing to do with the state investor.

“We challenge Salleh to be more assiduous in his fact-checking before he accuses other parties, lest he be guilty of spreading fake news himself,” Gabriel and Shahrul said.

They said there was a “misunderstanding of the nature of the rejection of Sommaruga’s motion”.

“The motion failed because two of the three banks charged are appealing the seizure by the Swiss Financial Markets Authority in the Swiss Federal Administration Court.

“They are also awaiting outcome from the Swiss attorney-general on ongoing investigations.

“The Swiss Parliament as the government’s legislative arm also intends to uphold the doctrine of separation of powers while the judiciary deliberates on the two cases.”

They said Swiss Foreign Minister Ignazio Cassis had pointed out that the motion needed “more specific details on 1MDB” and decisions by the Swiss judiciary and attorney-general could “determine a better vote outcome from parliament”.

The civil society leaders also said with Malaysia as a signatory to the United Nations Convention Against Corruption (Chapter V of UNCAC) – which provides for asset recovery – it has its own international legal responsibilities to uphold asset recovery.

They also cited the case of the Bota Foundation, which restored in excess of US$84 million (RM328 million) to needy Kazakhstan citizens, independent of their own government while overseen by the World Bank. – March 16, 2018.