CIVIL society groups have urged Putrajaya to cooperate with the French in their investigation into Abdul Razak Baginda for “active and passive complicity in corruption” and “misappropriation of corporate assets”, in relation to the sale of Scorpene submarines to Malaysia.

This follows confirmation from French lawyer William Bourdon that Razak has been indicted by the French, dismissing the former defence analyst’s earlier statement that reports on him being charged were misleading.

In a joint statement today, Suaram chief Sevan Doraisamy and C4 executive director Cynthia Gabriel said Bourdon, who is their lawyer in Paris, had confirmed that Razak was indicted on July 18.

As such, they said, the Malaysian Anti-Corruption Commission must investigate the case immediately as it would look odd and shameful if Malaysia did not take action when France had proceeded to charge several people.

Sevan said Bourdon told them that an investigating judge had the power to press criminal charges against those found to have violated French laws.

The lawyer said the case also saw the violation of the Organisation for Economic Cooperation and Development convention.

He said there should not be any doubt over the matter as France had a two-tier court system, where all indicted persons would be brought before a higher court upon the completion of an inquiry.

He told Suaram and C4 that investigating judge Roger LeLoire had written a separate 11-page judgment on the grounds for Razak’s indictment and rationale for pressing charges against him.

Sevan said the groups welcomed the development in the inquiry conducted at Paris’ Tribunal deGrande Instance.

“We congratulate the investigating judge for his determination and diligence in arriving at such critical outcomes and bringing the inquiry to new turning points, five years since the investigation started.”

He said the indictment confirmed the groups’ fears that corruption had taken place on a grand scale and millions in taxpayers’ money had been swindled in the procurement deal.

“It has moved the inquiry at the French tribunal to a critical turning point, which requires immediate and urgent cooperation by the Malaysian government, in keeping with its commitment under the United Nations Convention Against Corruption to extend cooperation to France, and commit to resolving this case and bring the corrupt offenders to face justice and account to the Malaysian people.”

Razak was charged over alleged kickbacks in the 2002 sale of the submarines.

The French investigation was launched in 2010 in response to a complaint from Suaram.

Sevan said it was no longer tenable for Malaysian authorities to insist that the Scorpene deal was “above board” and keep silent on the damning developments in the French probe given that a key Malaysian official and negotiator in the deal had been pressed with preliminary charges, which pointed to massive cross-border corruption.

Razak was an adviser to Najib Razak when the latter was defence minister between 2000 and 2008.

Najib oversaw the deal, worth nearly €1 billion (RM5 billion), to buy two Scorpene-class submarines and one Agosta-class submarine from French naval dockyards unit DCN, which is linked to French defence group Thales.

The Malaysian government has said the contract was free from corruption.

French investigators are also looking into allegations that €114 million was paid to a purported Malaysia-based shell company, Perimekar, as part of the deal.

That company was controlled, at the time, by Razak’s wife.

Since the investigation began, four French defence industry executives have been charged. – August 3, 2017.