QATTROCCHI
IS AT LAST ARRESTED
M.G.G. Pillai in
Kuala Lumpur
I wrote this for the Outlook news weekly of New
Delhi.
Ottavio Qattrocchi, the Italian business man in the eye of the
Bofors storm in India, is at last arrested and produced in the magistrate, then
the session, courts. He was arrested on Tuesday (19 December 00) morning at
his office in a downtown Kuala Lumpur skyscraper. No mention of Bofors is
mentioned in the charges only for "offences allegedly committed in
India". His lawyer, Muhammad Shafee Abdullah promptly raised two
preliminary objections: no details of the charges he faces in India and
failure to furnish proper documents about his client's extraditable offences.
Quattrocchi, he said, was not given any explanation
of the charges when he was arrested, which related vaguely to "cheating and
corruption". The deputy public prosecutor denied it, and insisted the
grounds of arrest was explained, but said nothing about the specific charges.
The sessions judge, Aktar Tahir, then ordered counsel and prosecution to submit
on this on 22 January, ordered Quattrocchi released on bail of RM400,000 (Rs 50
lakhs), in two sureties -- his wife and another, a Malaysian, Dato' Dr Cyrus Das,
a leading member of the Bar, held a watching brief for the Indian government.
Malaysia and India adhere to the Commonwealth
extradition agreements, and if the courts here allow it, Quattrocchi can be
extradited. But lawyers and diplomats believe that while he may eventually
be extradited, this weak grounds of arrest could well raise doubts of a vendetta.
"I am appalled that, in the end, it is handled so clumsily," said one
retired judge. It is possible under Malaysian law to have the decision
appealed, so it could well be a while before a decision is reached. The
judiciary is politically neutered in a series of questionable judgements,
several relating to the conviction and jailing of the former deputy prime
minister, Dato' Seri Anwar Ibrahim, now serving a total of 15 years in jail for
sodomy and corruption. The Indian government, by acting now, could well face
a stink if, as expected, Quattrocchi mounts an judicial offensive.
Indian officials liased with Malaysia for years
without success. That he is arrested now does suggest a political reason.
The Indian Prime Minister, Mr Atul Behari Vajpayee, is due in Malaysia on an
official visit in early February. With the Malaysian prime minister, Dato' Seri
Mahathir Mohamed, in political trouble since he sacked and had his erstwhile
deputy, Dato' Seri Anwar Ibrahim, jailed, his political support amongst the
Malays, the main political group in the country, moves away from his. Few
leaders comehere on official visits, due partly to Dr Mahathir's hectoring attacks
on the West in what tends these days to be for no reason than to annoy. It
should not be excluded, as one prominent politician from the ruling National Front
coalition suggested, that Quattrocchi could well have been arrested to remove one
more irritant in bilaterial ties. If this is so, then the Indian government is in
for a bruising fight.
To many, the decision to arrest Quattrocchi now
intrigues. That the charges are poorly framed, even more so.
Quattrocchi is a popular in Kuala Lumpur social circles, lives with his wife in a
beautiful house with an extensive garden in the upper class area of U Thant at
Langgak Golf (Golf Links) Road. His house faces the residences of the
ambassadors of Japan, the United States, Netherlands and the high commissioners of
Britain and Canada. Further down the road is the residence of a man who
could be, if his political stars are bright, prime minister, Tengku Razaleigh
Hamzah. A few doors away is the Iraqi embassy and adjoining his house on one
side the Iraqi ambassador's residence.
Quattrocchi did assume he was somewhat immune from
arrest. But, in my past talks with him, he did not discount the possibility
that "when the stars turn", he could well be in the predicament he is
now in. But he has always insisted he is pilloried as a consequence of
internal politics in India. His crime, he said once, is that he is close to
the Rajiv Gandhi family, and, as a business man in India, had represented high
profile companies, including Bofors. He represents other companies now in
Malaysia. But it is doubtful if the extradition hearing could be completed
before Mr Vajpayee comes acalling.
Ends MGGP
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