Australia clamps embarrassing gag order on global

banknote bribe case

By Richard L. Cassin | Wednesday, July 30, 2014 at 7:28AM

Wikileaks Tuesday released what it said is "an

unprecedented Australian censorship order concerning a multi-million dollar corruption
case explicitly naming the current and past heads of state of Indonesia, Malaysia and
Vietnam, their relatives and other senior officials."
The gag order follows the secret indictment on June 19, 2014 of seven senior executives
from subsidiaries of Australia's central bank, the Reserve Bank of Australia (RBA),
Wikileaks said.
The "super-injunction" issued by the Supreme Court of Victoria in Melbourne invokes
national security grounds to prevent reporting about the case, by anyone, in order to
prevent damage to Australia's international relations.
RBA subsidiaries Securency and Note Printing Australia allegedly paid massive bribes
to government officials in Malaysia, Indonesia, Vietnam and other countries to win
contracts to supply polymer bank notes to those countries.
An affidavit to support the suppression order was filed by Gillian Elizabeth Bird on June
12 this year, according to the order posted by Wikileaks (pdf). Bird was Australia's
representative to ASEAN (Association of Southeast Asian Nations) and is now Australia's
Permanent Representative to the United Nations.
The gag order prohibits reporting about any person involved in the RBS case who
"received or attempted to receive a bribe or improper payment, acquiesced in or was
wilfully blind as to any person receiving or attempting to receive a bribe or improper
payment, or was the intended or proposed recipient of a bribe or improper payment."
The court ordered Bird's affidavit "to be sealed in an envelope marked 'Not to be opened
without an order of the court,' and not be opened without order of the court."
The suppression bans reporting abut 17 individuals, including
"any current or former Prime Minister of Malaysia"
Truong Tan San, currently President of Vietnam"

"Susilo Bambang Yudhoyono (also known as SBY), currently President of Indonesia

(since 2004)"
"Megawati Sukarnoputri (also known as Mega), a former President of Indonesia (2001
2004) and current leader of the PDI-P political party"
and 14 other senior officials and relatives from those countries, who specifically may not
be named in connection with the corruption investigation.
*

Wikileaks said Tuesday in a release that "the last known blanket suppression order of
this nature was granted in 1995 and concerned the joint U.S.-Australian intelligence
spying operation against the Chinese Embassy in Canberra."
WikiLeaks' publisher Julian Assange said the gag order is "the worst in living memory."
He said "the Australian government is not just gagging the Australian press, it is
blindfolding the Australian public."
Assange, who's Australian, called the gag order "embarrassing."
This is not simply a question of the Australian government failing to give this
international corruption case the public scrutiny it is due. Foreign Minister Julie Bishop
must explain why she is threatening every Australian with imprisonment in an attempt to
cover up an embarrassing corruption scandal involving the Australian government.
Assange has been living in Ecuador's embassy in London for two years. He's wanted in
Sweden for questioning about an alleged sexual assault. He says the charges are
politically motivated.
*

Two years ago, a witness from inside the Reserve Bank of Australia testified to
parliamentary investigators that RBA's top executives knew about bribe paying by its
banknote subsidiaries and covered it up.
Mark Ingram said early warnings about the overseas graft were ignored and the
whistleblowers were fired from their jobs.
He reportedly produced internal emails he had sent highlighting his concerns that bribes
had been paid in Nigeria and India.
He said he was fired and no investigation was ever launched.
Another witness, Brian Hood, reportedly told police he briefed top RBA officials about
the bribery and they told him to never bring up the topic again. He said he was also later
fired.
The RBA companies allegedly bankrolled Abdul Kayum, an arms dealer based in
Malaysia, giving him oversized commissions in return for help securing contracts.
Kayum was allegedly paid even after the RBA companies fired him because of corruption
concerns.
Kayum and a former assistant governor of Malaysias central bank were arrested and
charged with bribery in Malaysia in 2011.
In 2009, the Central Bank of Nigeria began investigating whether Securency bribed
Nigerian officials in return for a banknote supply contract.
The Australian police in 2011 charged several former executives from Securency with
bribery in Malaysia, Indonesia, Vietnam, and Nepal.
And British police in 2011 arrested a U.K. businessman who allegedly paid for the son
of a Vietnamese state bank governor to attend Durham University in exchange for a

banknote printing deal with Securency.

In November 2009, Securency's board reportedly fired or suspended the managing
director and the company secretary, and ended marketing activities involving agents.
An audit showed that Securency's agents were paid almost $50 million in commissions
between 2003 and 2009..

IN THE SUPREME COURT OF VICTORIA AT MELBOURNE

CRIMINAL DIVISION
S CR 2013: 0173, 0174, 0175, 0215
S CR 2014: 0047, 0048, 0049, 0058, 0079, 0080
BETWEEN:
THE QUEEN
-andBARRY THOMAS BRADY & ORS
GENERAL FORM OF ORDER
JUDGE:
DATE MADE:
ORIGINATING
PROCESS:
HOW OBTAINED:
ATTENDANCE:

The Honourable Justice Hollingworth

19 June 2014
Indictment
Oral application, following the giving of notice under s 10 of the Open
Courts Act 2013 (Vic)
Dr S Danaghue QC and Mr J Forsaith for the Commonwealth of Australia
(instructed by the Department of Foreign Affairs and Trade)
Mr J Forsaith for the Commissioner of the Australian Federal Police
Mr N Robinson QC and Mr K Armstrong for the Commonwealth Director
of Public Prosecutions
Mr M Cahill for Barry Thomas Brady
Mr C Mandy for Peter Sinclair Hutchinson
Mr C Thomson for John Leckenby
Mr P Tehan QC for Steven Kim Wong
Mr P Higham for Christian Boillot and Clifford John Gerathy
Ms M Fox for Myles Andrew Curtis

THE COURT ORDERS THAT:

1. Subject to further order, there be no disclosure, by publication or otherwise, of
any information (whether in electronic or paper form) derived from or prepared
for the purposes of these proceedings (including the terms of these orders, and the

affidavit of Gillian Elizabeth Bird affirmed on 12 June 2014) that reveals, implies,
suggests or alleges that any person to whom this order applies:
o

received or attempted to receive a bribe or improper payment;

acquiesced in or was wilfully blind as to any person receiving or

attempting to receive a bribe or improper payment; or

was the intended or proposed recipient of a bribe or improper payment.

2. Subject to further order, order 1 applies to the following persons:

o

any current or former Prime Minister of Malaysia (including refereces to

'PM');

any current or former Deputy Prime Minister of Malaysia (including

references to 'DPM');

any current or former Finance Minister of Malaysia (including references

to 'FM');

Mohammad Najib Abdul Razak, currently Prime Minister (since 2009)

and Finance Minister (since 2008) of Malaysia;

Abdullah Ahmad Badawi (also known as Pak Lah), a former Prime

Minister (2003 - 2009) and Finance Minister (2003 - 2008) of Malaysia;

Puan Noni (also knows as Ms/Madame Noni, or Nonni), a sister-in-law of

Abdullah Ahmad Badawi;

Mahathir Mohamed, a former Prime Minister (1981 - 2003) and Finance

Minister (2001 - 2003) of Malaysia;

Daim Zainuddin, a former Finance Minister of Malaysia (1984 - 1991;

1999 - 2001);

Rafidah Aziz, a former Trade Minister of Malaysia (1987 - 2008);

Hamid Albar, a former Minister for Foreign Affairs (1999 - 2008) and
Minister of Home Affairs (2008 - 2009) of Malaysia;

Susilo Bambang Yudhoyono (also known as SBY), currently President of

Indonesia (since 2004);

Megawati Sukarnoputri (also known as Mega), a former President of

Indonesia (2001 - 2004) and current leader of the PDI-P political party;

Laksamana Sukardi, a former Indonesian minister (2001 - 2004; in

Megawati Sukarnoputri's goverment);

Truong Tan San, currently President of Vietnam (since 2011);

Nguyen Tan Dung, currently Prime Minister of Vietnam (since 2006);

Le Duc Thuy, a Former Chairman of the National Financial Supervisory

Committee (2007 - 2011) and a former Governor of the State Bank of
Vietnam (1999 - 2007); and

Nong Duc Manh, a former General Secretary of the Communist Party of

Vietnam (2001 - 2011).

3. Subject to further order, order 1 does not prevent:
o

disclosures to and among Commonwealth officers (as defined by s 3 of

Crimes Act 1914 (Cth)) or international investigators, international
prosecuting authorities, and other like international entities;

provision by the Court to registered media organisations, under cover of a

notice referring to the existence of these orders, of transcript and exhibits
(which, for the avoidance of doubt, must then be treated in accordance
with order 1 above);

provision of material by the Commonwealth Director of Public

Prosecutions to Note Printing Australia Pty Ltd and its legal
representatives, provided any such material is provided together with a
copy of these orders.

4. The prohibition on publication in order 1 applies throughout Australia.

5. The purpose of these orders is to prevent damage to Australia's international
relations that may be caused by the publication of material that may damage the
reputations of specified individuals who are not the subject of charges in these
proceedings.
6. These orders are made on the grounds that they are:
o

necessary to prevent a real and substantial risk of prejudice to the proper

administration of justice that cannot be prevented by other reasonably
available means; and

necessary to prevent prejudice to the interests of the Commonwealth in

relation to national security.

7. These orders operate for a period of 5 years from the date of these orders, unless
sooner revoked.
8. The affidavit of Gillian Elizabeth Bird affirmed on 12 June 2014 be sealed in an
envelope marked "Not to be opened without an order of the Court", and not be
opened without order of the Court.
9. There be liberty to apply.

DATE AUTHENTICATED: 19 June 2014