Some justifications are possible depending on whose higher
interests might be affected.
What if some higher interests are affected and for the sake of
stability, some ways might be found by prosecutors to justify for
Durai and the board e.g.
(1) Honest mistakes
(2) Lack of proofs or evidences of bad motives,
(3) Board of directors takes the blames under committee system
where nobody in a committee particularly will take the blame,
(4) Existing laws are not fool-proof and need to be tightened and
move on.
(5) Negligence not amounting to culpable conduct or wilful
intent
(6) Missing purchase orders on golden taps, e-services blamed on
lack of record,
(7) Witnesses not available or failing to give evidences
(8 ) Contracts with directors or ex-directors deemed commercial in
nature not amounting to conflicts or otherwise adopted by board
subsequently,
(9) Creative accounting methodologies to explain that these are the
market or some other known practices,
(10) Problems in tracing whereabout of parties or witnesses to back
up any alleged wrongs.
(11) Regulatory authorities deemed to be lacking in some powers to
ask for proper accounting and corporate governance reports.
(12) Purchases without obtaining market quotations deemed as urgent
or speciallty not available in the market place.
(13) Bonuses of 12 months or triple increments equated to some
practices or gereral averages paid to some civil servants of
equivalent grades.
CAD and CPIB have regularly interpreted certain unsupported
transport claims like Taxi-fare mileage being excessive and
offenders prosecuted and convicted even though there are no hard
evidences found to justify prosecutions.
Let us hope that there will be no compromise in this case, and CAD
and CPIB will not fight shy to apply high integrity and standards
in high-profile cases like NKF and not find justifications as
above-stated to let the big fish off the hook.
If others are prosecuted for small petty stationery offences why
let the big perpetrators of wrong doings explain away with clever
rhetorics after the events.
