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20:00 No.08 .04
CLIFFORD CHANCE
INTERNAL MEMORANDUM
TO:
Jean-Paul Bertolas
DATE:
26 April 1993
FROM:
RSB
EXT:
289
FILE:
COPIES:
AGE00012
Notes on Part I of the "Observations for the Defence" submitted by DRS
Part I - Facts
Para 1.2
(a)
(b)
(c)
(d)
The Investigation Committee referred to was established by the Malaysian parent bank, Bank Bumiputra Malaysia Berhad ("BBMB") and was known as the Noordin Committee. The Noordin Committee produced various reports on the transactions which form the subject of the charges against DRS. Their final report was presented to Parliament in Malaysia and formed the subject of open parliamentary debates. The reports were sent by BMFL to the Independent Commission Against Corruption in Hong Kong ("ICAC") in support of the complaint which BMFL filed. It was that complaint which triggered the criminal investigation which resulted in charges being filed in Hong Kong against DRS, Lorrain Osman and George Tan. The publication of the Noordin reports in Hong Kong has been suppressed for fear that they may prejudice a fair trial of Lorrain Osman, George Tan and DRS. The final Noordin report was in fact published in Malaysia and could be obtained by DRS' lawyers if they have not already done so.
As I explained in CC Hong Kong's fax of 23 April 1993, only one witness has been murdered. That murder occurred before the commencement of any of the criminal investigations.
The Noordin reports are in fact critical of DRS although they provide a general outline of the role of DRS and other in the conspiracy rather than setting out a specific case against them.
Although DRS was an employee of BBMB and the senior executive in the International Department of that Bank, he was an alternate director of BMFL and attended board meetings of BMFL. He was paid consultancy fees by BMFL. Ibrahim Jaafar exhibit 2 (French Extradition Book 2, page 570-573) refers to the composition of the Executive