A billionaire
politician under investigation for corruption in Malaysia faces allegations his
family companies have laundered millions of dollars through the Australian real
estate market. The allegations against the family of Sarawak governor Taib
Mahmud are contained in a report, by an anti-corruption organisation in
Switzerland concerned with logging of rainforests in Borneo and displacement of
its indigenous people.
In its
report, "The Adelaide Hilton Case – how a Malaysian politician's family
laundered $30 million in South Australia", the Bruno Manser Fund (a Swiss
non-government organisation) exposes the corporate connections behind Taib's
company Sitehost, which owns Adelaide's $50 million Hilton Hotel.
Major hotels
chains like Hilton normally manage and lend their name to properties that
are owned by other parties.
Taib Mahmud
was a Colombo Plan graduate of University of Adelaide and a substantial
benefactor to his old alma mater. He was given an honorary doctorate and had a
part of the campus named after him. The University has refused to say how much
money it has received from Taib, although a spokesman said
no donations has been received in the last eight years.
Malaysian investigation
The
Malaysian Anti-Corruption Commission (MACC) announced in June 2011 that
the billionaire politician was under investigation for corruption.
Under Taib's
governorship, nearly 90 per cent of Sarawak's native rainforests have been
logged. Despite his modest income as a politician, the family of Taib Mahmud
has interests in more than 400 companies in 25 countries.
The report
questions how the Taib family could afford to finance the purchase of a
major hotel. It also questions a key loan in the deal which totalled
some $30 million in the early 1990s.
Taib's daughter
and son-in-law became shareholders of an Australian company,
Sitehost, after the family bought shares worth $9.5 million in 1993.
The report
says that when Sitehost acquired the Hilton hotel the following year,
it took an unsecured loan of $20.75 million "from a non-bank lender
whose identity remained undisclosed for over ten years".
Queensland move
Sitehost revealed in 2007
that the lender was Victorian company Golborne Pty
Ltd. The report tracks how that loan was then transferred to another
company, Fordland, located in Queensland.
The last
available financial accounts for Sitehost are from 2011 and show its
main liability was a loan of $18.5 million to Fordland.
The
accounts describe a company with 361 employees, revenue of $1.3
million and assets of $52 million (primarily the Hilton).
According to
the report, there is strong circumstantial evidence, including a
shadow structure on the Isle of Man, that Golborne Australia and
Fordland Australia represented the same beneficial owners: the
Taib family.
Late accounts
Official
records are lacking. As a large proprietary company, Sitehost is required
to file annual financial statements with The Australian Securities &
Investments Commission (ASIC).
Its latest
annual accounts however were filed in 2013 for the 2011 financial year. There
were no accounts filed from the 1998 to 2006. Ernst & Young are the auditors
and National Australia the banker.
ASIC
declined to say whether it had taken or intended to take any action in regards
of the breaches.
"We
can't comment on the specifics of your query and any allegations about money
laundering should be directed to AUSTRAC as it is Australia's anti-money
laundering regulator," said a spokesman
"ASIC is one of a number of agencies, including AUSTRAC, that forms the Serious Financial Crime Taskforce. This taskforce was set up to address the threat that serious financial crime poses to the integrity of Australia's financial and regulatory systems."
"ASIC is one of a number of agencies, including AUSTRAC, that forms the Serious Financial Crime Taskforce. This taskforce was set up to address the threat that serious financial crime poses to the integrity of Australia's financial and regulatory systems."
According to
its most recent filings, Sitehost's directors are Jamilah Taib (Taib Mahmud's
daughter), her Canadian husband Sean Murray – who lives in the second most
expensive private residence in Ottawa - and two Australian lawyers, Gary
Patrick Doherty and John Antoine Kiosoglous.
Contacted by
Fairfax Media, Gary Doherty said he did not know the source of the funds behind
Golborne or Fordland.
'Conceal', but no
subterfuge
Doherty is a
partner at the Sydney law firm Low Doherty & Stratford and a director of
property development companies, one of which bears the name "Conceal Pty
Ltd".
Doherty said
there was "no subterfuge" in the name Conceal.
"When
you used to buy shelf companies they were always running out of names. The name
was just a word that was there," he said.
The other
local director of Sitehost, John Kiosoglous, was unavailable for comment.
Questions were put to him via a third party.
Doherty said
he was aware of the money laundering allegations but had no involvement in
money laundering. Nor did he know the source of the funds from Golborne or
Fordland.
There is no
allegation that either director has been involved in money laundering.
Swapping Guernsey
Besides the
Taib family, with a 95 per cent holding, the other shareholder in Sitehost is a
Guernsey company, not a British Virgin Islands company as disclosed to ASIC.
"By
indicating that Astar (this other shareholder with five per cent) is a Guernsey
rather than a BVI company, Sitehost's official shareholder information is
clearly misleading and likely in breach of ASIC regulations. This might be
interpreted as an attempt to conceal the real ownership of Sitehost," says
the report.
Bruno Manser
is calling on Australian authorities to investigate the Taib family interests,
as the fund has already done in Canada and the UK. A representative Lukas
Straumann has scheduled a press conference for 9.30am Wednesday at the Adelaide
Hilton.
On Tuesday
afternoon, South Australian MP Mark Parnell read out a motion in parliament
expressing concern at the destruction of Malaysian rainforests and the
connections between the Taib family, University of Adelaide and the Adelaide
Hilton.
He
called on the South Australian to investigate the allegations. The motion is
expected to be filed on Wednesday. Michael
West Business
columnist sydneymorningherald
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