In a follow-up to this week’s story “A Dick Move”, private investigators won a battle—but not the war—to ensure all their travel expenses are paid by the state when they do public defense work.

Washington County Circuit Court Judge Thomas Kohl ruled in a hearing May 10 that the state Office of Public Defense Services should pay all travel expenses for Tillamook P-I Dave Panter while he investigates an aggravated murder case for a public defender in Hillsboro.

The OPDS, which pays public defenders and the investigators they hire, had refused to pay Panter $34 an hour plus gas to travel to Hillsboro. They told the public defender, Ray Cassel, to save money by hiring a local investigator instead. Cassel challenged the decision in court and won, saying Panter was the best investigator for the job.

Private eyes from around the state were watching the case. They say in capital murder cases like this one, it’s important for public defenders to hire the best investigators available, regardless of where they live. The difference could be life or death for impoverished suspects who rely on public defense.

Investigators hoped the challenge would set a legal precedent, but Judge Kohl said his decision applies to the current case only. Cassel is defending Ricardo Serrano, a 31-year-old Aloha man accused of killing Melody Dang and her two sons in suburban Washington County last year. He could face the death penalty if convicted.

Panter told WW he’s pleased he can help defend the case, but he had hoped to accomplish more by challenging OPDS. Instead they could try to deny travel expenses for investigators again in the future.

“I was kind of hoping it would be a cause célèbre for the entire investigative community,” Panter said. “But it didn’t go there. It kind of left the door open.”

By ALEX HEBERT, SUN MEDIA

Counterfeiters beware: The NHL’s version of big brother is watching you.

The NHL has a private investigator at games and around town, sniffing out counterfeiters trying to sell you that “authentic” jersey for $20.

“Any time the level of excitement goes up, people are out there looking to capitalize on that and we focus on trying to limit the amount of counterfeit products being sold in our Stanley Cup markets,” said Michael Gold, an attorney for NHL Enterprises.

He says an NHL private investigator is working alongside the RCMP in an attempt to curb the spike in counterfeit merchandise that accompanies the Stanley Cup final.

The investigator follows the teams along their Stanley Cup run, keeping an eye on stadium parking lots during games and flea markets and other commercial outlets on off days.

“(Counterfeit merchandise) can be anywhere,” Gold said. “But, generally, they’re being sold out of knapsacks or the back of vans.”

SUBSTANDARD QUALITY

Apart from hurting legitimate businesses, buying knock-off merchandise bites the consumer because the quality is usually substandard.

Gold says the most popular counterfeit items are T-shirts and ball caps and to always buy them from legitimate retailers.

Consumers should look for an NHL hologram sticker on their merchandise and be wary of ripped tags and too-good-to-be-true prices.

Gold remembers one Buffalo fan who bought a T-shirt that had Sabres spelled incorrectly on it. “That would be telltale sign,” he said.

SHAH ALAM: A private investigator hired by Altantuya Shaariibuu told the High Court here Wednesday that the part-time model married political analyst Abdul Razak Abdullah Baginda in Hong Kong almost two years before her murder.

Ang Chong Beng, 56, the prosecution’s fifth witness, said the marriage was told to him by Altantuya.

However, when questioned further by Abdul Razak’s counsel Wong Kian Kheong, Ang said he did not ask to see any document from Altantuya to prove that she was married to Abdul Razak and neither did she show it to him.

Ang said: “I did not and could not be bothered to ask about her marriage.”

When asked whether Ang, as a private investigator with 22 years of experience fully accepted what Altantuya told him, he said yes.

Ang said he did not know whether they married in September 2006 and did not investigate to confirm it.

He said the first time he knew that Abdul Razak was married was on Oct 13, 2006 but did not know who his wife was and he also had no knowledge of Altantuya’s religion. But he knew Abdul Razak was a Muslim.

He said he was also aware that under Malaysia’s Islamic law, Muslims could only marry Muslims.

While Ang was answering the question, Abdul Razak was seen mimicking him as though he was amused and then smiled at the journalists in court.

Wong: On Oct 13, 2006 after you knew that Abdul Razak was a Muslim and that his wife was not Altantuya, were you suspicious that Altantuya had lied that Abdul Razak was her husband?

Ang: No.

Wong: As a private investigator for Altantuya, did you advise her that she could not marry a Muslim under Malaysia’ Islamic law?

Ang: No.

Ang said he also did not ask his client to seek legal opinion from a lawyer on the marriage.

During re-examination by Deputy Public Prosecutor Manoj Kurup whether it was required of a private investigator, in looking for someone’s address, to also look for certain facts like the person’s marital status, Ang replied: “We don’t have the power to ask (such questions).”

Manoj: Do you care or not?

Ang: I only believe it.

Manoj: So, it’s none of your business?.

Ang: None of my business. Normally, I don’t care. If someone tells me that he or she is married, that’s enough. If there’s divorce, we need to see the certificate.”

Ang said in September 2006, Altantuya paid him US$600 for the task of finding out and reporting to her whether Abdul Razak was home in Malaysia or abroad.

He confirmed receiving the payment on Oct 2, 2006.

Ang admitted that Altantuya had promised to pay him for his services after getting money from Abdul Razak.

He said Altantuya and two other Mongolian women had gone to Abdul Razak’s office in Bangunan Lembaga Getah Asli Malaysia more than three times.

Ang said during each visit, Abdul Razak refused to meet Altantuya.

Wong: When the accused refused to meet Altantuya, did you suspect that she was not his wife?

Ang: No.

Wong: Were you also not suspicious that the three Mongolian women were disturbing the accused?

Ang: Yes.

Wong: Do you know that disturbance can be categorised as intimidation, which is an offence under Malaysian law?

Ang: I know.

Ang was then queried by Wong on his and Altantuya’s appearance at his client’s house on Oct 17, 2006 which counsel regarded as uninvited.

Ang agreed with Wong’s suggestion that Abdul Razak’s house was private property and that an unsolicited visit could tantamount to trespassing.

Wong: From your experience as a private investigator, when one enters a private property at 11 at night without permission, what offence could have been committed?

Ang: I don’t know.

Wong: You have testified that Altantuya was taken by police to the station and wanted to make a police report. Did you advise that there was no basis for making a report?

Ang: There was.

More questions were posed to Ang about Altantuya wanting to get the US$600 from Abdul Razak to pay him for his services, including what would happen if the accused refused to give the money.

“Altantuya said she would tell about everything to Abdul Razak’s wife, his daughter, TV3 and reporters,” said Ang.

Wong: Wasn’t that extortion?

Ang: No.

Wong: Did you know that by Oct 17, 2006, the accused’s wife and their daughter knew about his affair with Altantuya?

Ang: I did not.

Ang also disagreed with counsel that if a sum of US$500,000 was paid by Abdul Razak, part of it would be used to pay him (Ang) for his services.

He also denied issuing a threat to Abdul Razak through SMS and leaving a voice mail in order to extort money from him.

In Tuesday’s hearing, Ang told the court that Altantuya had asked for money from Abdul Razak in the presence of private investigator P. Balasubramaniam and his assistant K. Suras Kumar outside the police station late at night on Oct 17, 2006.

Ang said for as long as he knew Altantuya, he was never told about the threat from Balasubramaniam and Suras Kumar that she would be killed.

At the end of cross-examination by Wong, Ang stressed that he did not abet Altantuya and the other two Mongolian women in threatening Abdul Razak and also denied making a false police report on their marriage.

Chief Inspector Azilah Hadri, 30, and Corporal Sirul Azhar Umar, 35, both from the federal police Special Action Squad, are charged with the murder of Altantuya, 28, at a location between Lot 12843 and Lot 16735, Mukim Bukit Raja, here, between 10pm on Oct 19 and 1am on Oct 20, 2006.

Abdul Razak is charged with abetting the murder and the offence is alleged to have been committed in the Federal Territory of Kuala Lumpur between 9.54am on Oct 18 and 9.45pm on Oct 19, 2006. – Bernama

The World Today – Tuesday, 1 May , 2007 12:50:00
Reporter: Jane Cowan 

ELEANOR HALL: An alleged conman accused of defrauding Victorian investors of millions of dollars will be extradited back to Australia after being arrested in Canada.

Gabrial Pennicott was nabbed in British Columbia after disgruntled investors hired a private investigator to track him halfway around the world.

The Australian Securities and Investments Commission is continuing to investigate but one consumer advocate has criticised the authority for being too slow to act.

And it’s unclear whether the latest development makes it any more likely that investors will get their money back.

In Melbourne, Jane Cowan reports.

JANE COWAN: Retired Melbourne school teacher Frances McMenomy lost her mother’s inheritance when she parted with $300,000 after attending a seminar run by a very convincing businessman called Gabrial Pennicott.

FRANCES MCMENOMY: I thought I was investing in a project to develop a block of units on Phillip Island, but that project was a blind, it was never meant to be. I’ve had to sell my home and pay back the various loan companies and things.

I’ve settled everything. I owe nothing now, but I don’t own my own home anymore.

JANE COWAN: In desperation, Frances McMenomy and a small group of other out-of-pocket investors eventually hired a private investigator to track down the man who sold them the scheme.

Gabrial Pennicot has now been arrested in British Columbia, wanted by the Australian Securities and Investments Commission on 47 corporate related charges.

The Attorney-General Philip Ruddock promises the Australian Government will extradite him.

But the West Australian Consumer Advocate Denise Brailey says it shouldn’t have taken so long to act against a man who’s thought to have taken a total of almost $20 million from innocent investors.

DENISE BRAILEY: I have no idea why it’s taken this amount of time. It’s disappointing that these cases aren’t dealt with when the first complaints start to arrive.

JANE COWAN: Over the last 15 years Denise Brailey helped expose financial scandals in three states before she discovered the work of Gabrial Pennicott.

She says the first complaints were made about the one-time associate of discredited property promoter Henry Kaye in 2001 and his seminars were held inside the ASIC building in Melbourne.

DENISE BRAILEY: Delays of this sort can mean that the person of interest is actually wandering over to other parts of the world.

There’s people overseas at risk then. What other activities these people may be up to, we don’t know.

JANE COWAN: What’s your advice to people who’ve lost money about hiring their own investigators as opposed to leaving it to ASIC?

DENISE BRAILEY: Well I think gathering groups of this nature around Australia and putting them together for the past 10 years, and I’ve actually been encouraging them to do that because ASIC had lack of will, a distinct lack of will to look into anymore than 17 cases of criminal interest.

There was only 17 prosecutions. They say there was 95 per cent success rate. That mean they only prosecuted 18. So there was a deplorable lack of investigations.

JANE COWAN: ASIC turned down an invitation to respond to Denise Brailey’s criticisms.

Graeme Samuel chairs the Australian Competition and Consumer Commission.

GRAEME SAMUEL: Look they proliferate all around the world and particularly with the ubiquitous nature of the Internet; they’re becoming a bit more common and popping up through the Internet.

JANE COWAN: How can people avoid these sort of things? Because investors in this case say that they believe they did their due diligence, that they were given guarantees in writing, 100 per cent guarantees.

GRAEME SAMUEL: Look, I think the first thing is to be very careful about parting with your money. There is no such thing as a get rich quick scheme that is really genuine.

So if it looks too good to be true, then it probably is.

ELEANOR HALL: That’s ACCC chairman Graeme Samuel ending that report by Jane Cowan.

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