Thread: Updates on BM & PIPS Refund, Claims & Payouts

Thats true, with the State setting out for the free grab of seized $$$ by default certainly cannot be ruled out knowing somewhat at how desperate politicians are having freeholds on their own State funds at whims notice... as we exchange here....

Apart from the ridiculous duration the Marsdens are unfortunately subjected to with this uncertain detention, the mere handling of their situation raises many more questions as to how the Legal apparatus & system over there views and wants to treat them as symbolic to how they showcase it. We can only analyse at every progress made with each and every court session held.

Should they be released, immediately to that effect, on the day of sentencing and if by then, their Defence Team is competent to get them released on the grounds of "over stay", and that the maximum is maintained at 5 years for their deeds while they may be expected to sit it out till the final hours of their case... it is unlikely they will be released any sooner.

Unfortunate for the Marsdens and many who wants to see just that and for those who are keen on other issues resulting from the trials, it would not make much difference but to know finally, where the missing millions are... that is closure or IS IT from there on???

I have no idea what the Malaysian justice system is, but by the example of this case it would appear pretty Draconian or at least Dickensian.
In any case thanks to Batty. Just sent another$20.00 to cover for August.
I sure would be interested to know what happened to all the money.

It does appear draconian & as bad as the time when Nelson Mandela was under Apartheid rule but make no mistake, his was a national identity with the country's liberation that involves the majority of South Africans while with the Marsdens, we are looking at a new "intolerance into the Net" and whatever that is suspicious or sinister surrounding their citizens who are caught up with the Govt's own version of Muslim moderation facing Western progression and then... we have to take into light, the culture that most foreigners are still unfamiliar with.

A recent recapture of a known Malaysian terrorist, who skillfully managed to escape from a nearby "high security prison" in a sovereign prison to the south, i.e Singapore for those who are weak in their Geography, received a different media treatment. It was a national crisis at all ports that almost paralized the country to recapture the escapee during the days & weeks that followed causing extreme embarrassment that several Security Heads started rolling off and with his recapture after more than 6 months, the whole scenario regained widespread media attention but was soon muted!!! Its pretty silent at this very moment as if the person vanished into the dungeon not to be heard for good... go figure why and should it?

This is another unprecedented development and when you refer back to the Fraud case with the proportion & degree the Marsdens were alleged to be behind it... one can only raise more questions which is, what's the degree like when dealing with the Marsdens punitive role with near boycott & neglect from the Press??? Are there silent, unseen forces monitoring and managing behind this case altogether? Whats your take or intuition so far? Don't speculate, lets hear your educative knowledge on such a situation as this.... ROLClub & the HDGers are fortunate & glad to sustain Batty's coverage on behalf of us all.

So far, on the surface, it appears rather insignificant but are you sure that is all that meets the eye? Now..., you're beginning to ponder if that is after all...

The coming months and sessions is undoubtedly going to unravel gradually... and we hope, those who had or wanted to stay distant and/or denied or have accepted on whatever reasons or not, will give a second thought to reconsider, are welcome to return by supporting us all so we all are in a better position to understand the cause with each other to oversee the trial for as long as it takes.

Try figure this uncanny web with weird undertones by Malaysian standards and you'll probably come close to understanding the underlying reasons facing the case, the Marsdens appear to receive the least of concern given as to how or what will affect them during their detention for as long as their case is far from wrapped up.

YB.

Have just contributed $15usd to Batty' s fact finding missions. Thanks for keeping us informed. Cheers and here's to finding out where the money trail leads.

From the progress reports so far from our roving reporter Batty, I sense a great weakness in the Public Prosecutors case.
If I may qualify that reasoning based on British law, since I have sat on the jury involving two cases dealing with deception, fraud, Customs false declarations, false invoicing/accounting and a whole package wrapped in a huge manual given to each juryer to peruse, reference, and generally make notes as each related charge pointed to a particular page or chapter as the trial progressed, with many cross referencing to keep the jury busy.
In fact, it was so complex, I inadmittedly found myself elected the jury foreman since every other juryer shrank into the darkest corner and refused to come out.
With 15 counts of the above charges facing several key members of a certain company the whole case was wrapped up within 14 court days.
I was impressed by the Public Prosecutor. He attacked from day one and never let up untill the judge came to sum up the case. He brought in the owner of a manufacturing company based in HongKong, the customs and excise people, those who had experienced fraud at the hands of this certain business, and other key people.
In other words, the whole prosecution case was present at the start of the trial and swung into action at the first bell, so that the defence team were constantly doing that, defending, yet offering very little to make the defendents smile. It was a complex case however, and could have swung in the defendents favour if their accountant had stood his ground or even sacrificed himself as the main culprit.
Most serious crime that ends up before a judge do have a prosecution team ready with all the facts and witnesses on day one, otherwise there is no case to answer.
Since Malaysian Law is based on UK law, we are not seeing a very strong PP team in action.
In fact, given the length of time this case has ben reviewed, heard, digested and referred to a later date, we are not seeing a PP case at all because no key witnesses have been presented, only the servants of such which the defence team have dealt with quite easily.
I did expect to see an all out attack on BM/SM from day one but it just has not happened.
If the actual case relies heavily on a mass of paperwork from transfers of monies from A to B and C to D then surely representatives from such banks involved should be on show with their own documents of proof. Ready and willing to show such proof at the start of the case, so that the PP team have their leverage to question the motives of BM/SM and thus set the whole trial issue before the court. All we have witnessed is a summary of the charges and few non plus witnesses for the prosecution with no real meat and bones for anyone to digest and say, yes they have proved their case, now let us see what defence they can put forward.
Any wonder the newspaper have no interest.

As I said I'm not familiar with Malaysian law, but as it's based on English law this is an inordinate passing of time with virtually no case presented against the Marsdens. Is there anyone out there familiar with Malaysian law that can tell us just how long they can drag this out with no case? Is there no time limit on how long they can be held prisoners? This sound more like terrorists in Guantanamo than any truly legal system.

Originally Posted by kingrichard

As I said I'm not familiar with Malaysian law, but as it's based on English law this is an inordinate passing of time with virtually no case presented against the Marsdens. Is there anyone out there familiar with Malaysian law that can tell us just how long they can drag this out with no case? Is there no time limit on how long they can be held prisoners? This sound more like terrorists in Guantanamo than any truly legal system.

I have to agree.It's dragging on and on and getting nowhere.Again,I am no expert, but would have thought the money laundering charges easy to prove or disprove. Either pips had licenses for the transfer of currencies or they didn't. Same with the fraud charges.Either there were investments, or there was wasn't!

The prosecution and Malaysian legal system seem to have adaopted a very half hearted approach to this case.It's about time the Marsdens were convicted or set free.

I couldn't agree more Paddy. In my opinion, its leaning more towards "complacent confidence" by the PP's side despite the slack and lack of serious will displayed so far... On a scale to 10, my count rests at just +1 for this case.
It would have been a quick walkover if Perrry Mason was defending...

That is absolutely right if it truly was following the Crown's exact approach however, this is a country that conveniently wants the world to know it applies on one hand but taint it grossly and overwhelms it with their own corrupted manouvres and disputable rights of an individual which are and have been manipulated/infiltrated by a ruling party that has proven little regard for respect even to their own opposition politicians.

Look at Nick Leeson, once a rogue trader and imprisoned for his derivative fraud deeds (as Chief Trader with Barrings in Singapore) who gained a new leaf & lease of life with the new found community and currently is now a CEO of an Irish football club, Galway United.

It can happen if given the chance but will it be with Bryan Marsden??? Even while in short custody, he tried with the Halotto, hidden away from his Guards and us alike on this Forum... he tried and gave his best last shot and was caught both inside and outside that wall of trust he was entiled to but... he took that chance to screw it up once again!!!

Thanks to the moderated version of Singapore's Law that also stems from the Crown which speeded the process fairly and honestly... which we shall leave Nick to testify on that score whenever he renders more service or speeches to the public.

>>@ Dreamer, I'm afraid, the likelihood of an early Yes or No charge, related to the Fraud allegations is not forthcoming as early as we all would like to see happening. This is one case as it appears, call or consider what you wish but has more undertones attached that we are still unaware of. Believe you me and this is unfortunate for all, monitoring the case, apart from the Malaysian Authorities who certainly have something more sinister up & thru their own barrister's butts handling the case with some flair of "complacent confidence" as I mentioned earlier.

Another question. Is Brian Marsden an American citizen? Or a citizen of any country with a reasonable justice system?

Originally Posted by kingrichard

Another question. Is Brian Marsden an American citizen? Or a citizen of any country with a reasonable justice system?

He is in fact, your fellow countryman that chose Malaysia as his next homeland I believe. It won't surprise me nor most in knowing he still retains his British passport but currently withheld by Malaysian Authorities. As to his rights & legal needs from the British Law he is entitled for protection... I think it would stay by default should the British Embassy or High Commission services render their responsibility when requested.... why or when or did he not seek for it... remains a mystery if he chose to ignore that legal privilege entitled to him?