Malaysian Home Minister Faces Paul Phua Controversy Back Home

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Zahid Contradicted His Country’s Police in Saying Paul Phua Is Not a Triad Member

Since Ahmad Zahid Hamidi sent a letter to the Federal Bureau of Investigation about its case as Malaysian citizen Paul Phua, a firestorm of controversy has surrounded the Home Minister of Malaysia. Paul Phua is facing federal charges of operating an illegal World Cup sports betting syndicate from three suites in Caesars Palace. The charges stem from the arrest of Paul Phua and 7 other men in July 2014, as the Brazilian World Cup was winding down.

Malaysia’s National Security

In the letter, Home Minister Zahid told the FBI that Phua had been performing services “on behalf of Malaysia’s national security”. He also said that, if Paul Phua were deported from the United States, Malaysia would accept him back on its soil with open arms.

Ahmad Zahid also told the FBI that he was certain Paul Phua had no ties to the notorious Chinese triad, 14K. Phua’s alleged connections to 14K had been reported in the international media for months, since his arrest.

In June 2014, only a month prior to the arrests on the Las Vegas Strip, Paul Phua had been arrested in Hong Kong on similar charges. At the time, an article in a Chinese newspaper, the South China Morning Post, stated that the raid on Phua’s Hong Kong-based illegal sports gambling ring had been the largest such bust in Chinese police history. Phua was arrested alongside 12 other Malaysians and 5 Chinese men. The non-Chinese operators arrested were deported from the country, while the Chinese citizens were made to face charges in their homeland.

Scope of the Crimes

The operation in Hong Kong was reported to involve hundreds of millions of dollars, while the FBI claims that Phua’s Nevada-based operation handled tens of millions of dollars in sports wagers. By any standards, the cases are considered major indictments. Despite that, Zahid has downplayed the scope of the crimes.

Paul Phua’s Malaysian lawyer Muhammad Shafee Abdullah has similarly played down the crimes his client is alleged to have committed. Shafee, who in reference to the largest political party in Malaysia, is known as “Umno’s lawyer”, described his client’s crimes in America as a “revenue offense”, as if he was dodging taxes. Shafee said that Phua had only operated a sports betting ring “without a license”.

“Not a Big Deal”

About Phua’s case in the United States, Shafee told a Malysian newspaper, “His offence is not a big deal.” He went on to add that such crimes are a minor offense in the United States, and those convicted of such crimes tend to be released with just a fine.

This flies in the face of what a basic search of the U.S. justice system would tell a person. A high-paid lawyer like Muhammed Shafee is bound to know better. He knows the seriousness of the charges and must know that his client faces years in prison in the United States, if convicted.

Zahid: Not a Member of a Triad

Of course, lawyers are expected to downplay their client’s wrongdoing. American lawyers do much the same thing when they are trying to get one of their high-profile clients off the hook. What offends so many people is the fact a governmental official would be so brazen in condoning criminal behavior. Zahid’s words are far more provocative.

Zahid told the FBI in his letter, “Based on our information, Mr Phua is neither a member nor is he associated with the 14K Triad.

That statement is contradicted by information sent by Malaysian police six years ago, when a previous administration’s officials told the FBI that Paul Phua was a member of the triad.

A “Very Big Mistake

Phua’s lawyer maintains that the police back in 2008 made a “very big mistake” when it decided Phua was involved with Chinese organized crime. It’s of keen interest that Zahid, despite his praise of Phua, never told the FBI that his country’s police had made a mistake when they earlier characterized Phua as a triad member.

Even more revealing is the tack taken by Inspector-General of Police, Khalid Abu Bakar. When asked to confirm Zahid’s statements, Khalid declined to comment. In doing so, he failed to back up his boss’s opinions on Paul Phua and the RMP (police). Given their relative status, such a failure amounts to a contradiction of Zahid’s statement.

Phua’s Accomplices Admitted Crimes

Five of Phua’s associates have admitted to the crimes they were accused of. These men took plea bargains in the case. A sixth man was released with a minor offense, when it was determined he had nothing to do with the crime. That leaves only Paul Phua and his 22 year old son, Darren, on trial. The admissions are important, because Phua’s lawyers are trying to get the case thrown out on procedural grounds.

Illegal Search Claims

When the FBI learned that an illegal sports betting ring might be in Caesars Palace, they arranged a sting operation to get more information. They had a local Internet provider provide shoddy service to Phua’s suites, then sent in FBI agents to the rooms under the guise as tech support. These agents filmed activities and collected data. Using this information, they later made the arrests in the case.

Phua’s lawyers argue that the FBI violated their client’s civil rights in obtaining that evidence. They do not dispute that crimes took place, but claim American defendants (even foreign ones) have the right to refuse a search, if no warrant has been obtained. On those grounds, much of the evidence in the case is in question. Under those circumstances, the 5 co-conspirators might be the key to a conviction.

Spirited Defense

Observers have to commend Paul Phua and his lawyers for their spirited defense. Apparently, they have even been able to acquire the support of key Malaysian officials. Such is possible when a man is worth $400 million and has spent three years as a non-resident ambassador for a country. The spirited nature of the defense might end up having political consequences back home, because it threatens to expose a web of corruption traced back to the Malaysian police.

Not every member of the police force seems willing to along with Zahid, so the Home Minister could end up in serious political trouble. For their part, Malaysians seem more concerned about Phua’s triad connections than the crimes he might have committed in the United States. But then, that is of more immediate consequence to the people of Malaysia, so that stands to reason.