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Ex-cop: How AG interfered in ‘black eye’ case October 11, 2008

Posted by ibrahimbaba in Anwar, Kehakiman, Kerajaan, Ketelusan, Mahathir, politik.
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dipetik dari http://www.malaysiakini.com/news/91024


A retired senior police officer who probed the infamous ‘black eye’ incident involving Anwar Ibrahim in 1998 has made startling claims on how attorney-general (AG) Abdul Gani Patail allegedly tampered with evidence in the case

In a set of court documents revealed this week, Mat Zain Ibrahim implied that the actions of Abdul Gani, then a senior deputy public prosecutor, delayed the investigation process and concealed facts from then AG, the late Mohtar Abdullah.

Malaysiakini contacted Abdul Gani’s office for comments today, but has yet to receive a response to the voice-mail message.

Mat Zain, who had led the investigation team, made his revelations in a 18-page statement of claim in a RM30 million defamation suit that he filed against Opposition Leader Anwar Ibrahim on Aug 11, in the Shah Alam High Court. Mat Zain retired from the police force in 2001.

anwar ibrahim black eye 010805

He claimed he had been defamed in Anwar’s police report lodged on July 1 implying that he had fabricated evidence relating to the ‘black eye’ incident (left), in cooperation with Abdul Gani and inspector-general of police (IGP) Musa Hassan (while a senior investigation officer in 1998).

In his statement of claim, Mat Zain pleaded innocence to Anwar’s claims and instead pointed the finger at Abdul Gani by recounting how the latter had allegedly interfered in the case.

Mat Zain’s claims were first made public on Wednesday, during Anwar’s sodomy trial in the Kuala Lumpur Sessions Court. Anwar’s lawyer Sulaiman Abdullah had read out the document in court during submissions on why Abdul Gani should not be involved in any aspect of the sodomy case.

However, the media was told not to report the details pending the court’s decision on the admissibility of the evidence. The gag order was lifted yesterday.

rahim noor 01

According to the document, Mat Zain was instructed on Sept 27, 1998 by then IGP Abdul Rahim Mohd Noor (left) to head an investigation team, after Anwar lodged a report that day that he had been beaten up while in police custody, thereby sustaining injuries including a ‘black eye’.

Mat Zain said he had immediately instructed two forensic experts, Dr Halim Mansar and Dr Zahari Noor, from the Kuala Lumpur Hospital to examine Anwar.

Abdul Rahim met him privately that night and told him to conduct an in-depth investigation and “to leave no stone unturned” in order to uphold the image of the police force, he said in the document written in Bahasa Malaysia.

“I was ordered to only brief Rahim and (Mohtar) on the progress of the investigation and given the assurance that no other senior police officer will disrupt me in carrying out my duty.”

mahathir interview 050308A similar message was conveyed to Mat Zain in a meeting with then premier Dr Mahathir Mohamad (right) about two weeks later, to brief the latter on the progress of the investigation.

“During that meeting, I explained what actually happened to Anwar and identified the person who hurt him.

“The prime minister advised me that there should be no cover-up in the probe and stated that the government may set up an independent commission to investigate the case if there is any attempt to cover up the incident; (and if a commission had to be appointed) would tarnish not only the credibility of the police force but also mine,” the document added.

On Oct 16, 1998, Mat Zain said he met with Abdul Gani to hand over his first investigation report, after directed to liaise with him because Mokhtar was busy with official duties.

Gani’s role explained

Abdul Gani’s alleged interference came into the picture when Mat Zain alleged in his court document that:

– A questionable medical report was prepared by one Dr Abdul Rahman Yusof, allegedly on Abdul Gani’s order.

lingam tape panel meeting 031007 abdul gani patailMat Zain stated that he found out there was an attempt to “insert irrelevant and suspicious statements” into the investigation report, especially in relation to “Abdul Rahman’s report which was done on the instructions of Abdul Gani” (right). Mat Zain said he was confident that Abdul Rahman has never examined Anwar physically.

–  Mat Zain claimed he had obtained information that Abdul Gani was on the 30th floor of the federal police headquarters in Bukit Aman when Anwar was assaulted and he believed Abdul Gani knew of the incident either at the time or soon after.

– On Oct 30, 1998, Mat Zain personally handed over his second investigation paper and report to Abdul Gani, and briefed him on the details. Among the conclusions were that the Anwar’s injury was consistent with assault and not self-inflicted; and that Abdul Rahim was the person who caused the injury.

– Although two investigation reports had been given to Abdul Gani on Oct 26 and 30 respectively, Mohtar was quoted in the media on Nov 7 as saying that his chambers had not received any such report.

– It was only on Nov 20 that Mohtar reportedly said he had received the report. Mat Zain said he believed Mohtar’s statement was made after he (Mat Zain) had “pressured” Abdul Gani a day earlier to confirm the status of his two reports.

– On Nov 25, Musa informed Mat Zain that Mohtar wanted to meet him (Mat Zain) at Bukit Aman and to visit the lock-up where Anwar was held. Musa and Abdul Gani were present during the visit.

– Mat Zain later found out that Abdul Rahman’s second medical report had mentioned there was a visit to the lock-up (where Anwar was held) and a “reconstruction of the incidence”, where Mat Zain was named as the person who had accompanied Abdul Rahman to the

lock-up. Mat Zain denied this had ever taken place.

mohtar abdullah

– On Jan 6, 1999, Mohtar (left) had reportedly said Mat Zain’s investigations were incomplete and that the latter had yet to identify the perpetrator (despite the findings given to Abdul Gani on Oct 30, 1998).

– Mat Zain said he “believed Abdul Gani concealed important facts from Mohtar’s knowledge” and had personally appointed Abdul Rahman as the medical officer to prepare the report in October 1998. His conclusion was based on the fact that Mohtar had only appointed Abdul Rahman two months later.

– Mat Zain said Abdul Rahman later testified before the royal commission on the ‘black eye’ incident in March 1999 and gave conflicting statements with regard to his own findings. The proceedings came to an end when Abdul Rahim admitted that he had caused the injury to Anwar.

At the end of his court document, Mat Zain vehemently denied Anwar’s accusation that he had plotted any fabrication of evidence with Abdul Gani and Musa.

“The truth is I had acted to the best of my abilities to prevent any party from influencing me to do anything unlawful while investigating Anwar’s injury,” Mat Zain said.

Musa filed a defamation suit against Anwar on July 21 while Abdul Gani has threatened to do the same.

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Al Jazeera – Anwar arrested on sex charges July 16, 2008

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Dipetik dari Al Jazeera

Malaysian police have arrested Anwar Ibrahim, the de facto opposition leader, less than an hour before a deadline for him to appear at police headquarters to answer allegations of sexual assault.

About a dozen policemen, some wearing balaclavas, cordoned off the road leading to Anwar’s house in Kuala Lumpur, stopped his car and then took him to police headquarters, Anwar’s lawyer said.

Police moved in to arrest Anwar early on Wednesday afternoon as he was returning home from the Anti-Corruption Agency office in Putrajaya, the country’s administrative capital.

A former male aide has accused Anwar of sodomising him –  a criminal offence in Malaysia which carries a sentence of up to 20 years in jail.

No reason was given for the police move, which came ahead of a deadline of 2pm on Wednesday for Anwar to voluntarily submit himself for questioning over the allegations.

Speaking to Al Jazeera, Syed Hamid Albar, Malaysia’s home affairs minister, said Anwar had “been arrested according to due process” and was not being treated differently from any other suspect.

“Now it’s up to the police and the prosecution side to decide the next course of action,” he said.

Anwar’s arrest is expected to deepen political divisions and tensions that have been running high in Malaysia since the governing coalition lost its parliamentary majority in the March general elections.

‘Not gentle’

Opposition legislators including Wan Azizah Wan Ismail, Anwar’s wife and leader of the opposition Keadilan party, had gathered outside police headquarters in anticipation of his arrest.

Wan Azizah said her husband, who is officially an advisor to Keadilan, called on her mobile phone shortly after being arrested.

“I feel apprehensive because my husband… is not that well,” she said.

“He has a bad back, he’s had surgery. And [during] the brief conversation he said they [the police] were not gentle.”

Earlier on Wednesday Anwar gave a statement to the corruption watchdog over reports he had lodged against the national police chief and the attorney-general.

“There is no basis for this whole fabrication and malicious attacks,” he said. “It is just a repeat of the 1998 script. You can see the pattern.”

Corruption complaint

Anwar claims the police chief and attorney-general had fabricated evidence in the investigation into his police detention in 1999, during which he was allegedly beaten up.

Speaking to reporters in Putrajaya before his arrest he said planned to give his “fullest cooperation” to police and would deliver himself voluntarily to police headquarters at the 2pm deadline.

Azmin Ali, vice-president of Keadilan, said the arrest was “certainly outrageous and very uncivilised” especially after Anwar had made an appointment with the police.

“This is not a criminal case but a political case,” he added.

In 1998 Anwar faced similar charges when he was accused of sodomising a male assistant.

The accusation led to his sacking from government posts of finance minister and deputy prime minister and an eventual jail sentence.

His conviction on sodomy charges was later overturned by Malaysia’s high court, but a related corruption conviction remains.

Anwar’s downfall sparked massive street protests for several weeks

The Age – Anwar arrested on sodomy charge July 16, 2008

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Dipetik dari The Age (Australia)

Mr Anwar Ibrahim speaks to the media before his arrest today.Mr Anwar Ibrahim speaks to the media before his arrest today.

Malaysian opposition figure Anwar Ibrahim has again been arrested for sodomy, setting the stage for political upheaval as his opposition party gains ground on the Government.

The arrest is a repeat of scenes a decade ago when the former deputy prime minister was arrested on sodomy and corruption charges after leading protests against then prime minister Mahathir Mohamad.

The Government denied the sodomy allegation was a political conspiracy.

“The purpose of the investigations is not to fix someone but is to really help him clear his name,” Domestic Trade Minister Shahrir Samad said.

Mr Anwar’s lawyer said the opposition leader had agreed to meet police at a pre-arranged time over a sodomy complaint lodged by a former aide, but the arrest came about an hour before that.

“They say he was arrested under Section 377 of the Penal Code (sodomy),” Sankara Nair said. “He was arrested as a suspect in the case.”

“There was a lot of fear and intimidation. It’s absolutely unnecessary.”

Mr Nair said police could detain Mr Anwar for up to 24 hours, after which they would have to obtain a remand order from the court to allow further detention for up to 14 days without charging him.

Mr Anwar is leading a charge by the opposition to seize power by September.

The authorities sealed roads to the police headquarters where Mr Anwar was taken, while a water cannon was on standby and a helicopter circled overhead, as authorities braced for a possible repeat of 1998 protests when Mr Anwar’s arrest brought tens of thousands to the streets.

“Don’t provoke the people … why are police trying to test the people’s patience?” Azmin Ali, a leader of Mr Anwar’s People Justice Party, said.

“I am giving a very strong reminder to the police, don’t provoke us.”

Mr Anwar’s supporters have cast the sodomy allegation as an attempt by Premier Abdullah Ahmad Badawi’s Government to prevent the Opposition from gaining ground.

Federal criminal investigation chief Bakri Zinin confirmed that Mr Anwar had been arrested but declined to elaborate. Mr Anwar was sacked as deputy prime minister in 1998 and later jailed for corruption and sodomy after leading street protests against then premier Mahathir Mohamad’s government during the Asian financial crisis.

The supreme court overturned the sodomy conviction six years later.

Mr Anwar today appealed for his supporters to remain calm if he was arrested.

“I appeal to them to exercise patience and let us deal with this according to standard procedures,” he said.

“We will challenge on every ground.”

Abdullah’s Barisan Nasional coalition is still trying to recover from a disastrous showing in a March general election, when it lost its two-thirds parliamentary majority and ceded five states to the opposition.

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BBC – Malaysia’s Anwar Ibrahim arrested July 16, 2008

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Laporan dari BBC

Malaysian opposition leader Anwar Ibrahim has been arrested over allegations of sodomy, police and his lawyer say.

Armed police surrounded his car early on Wednesday and took him into custody, his lawyer said.

The move came shortly before Mr Anwar was due to given a statement to police over the claims made against him.

The former deputy prime minister denies the allegations, which he says are aimed at ending his political comeback.

The move is likely to exacerbate the political tensions that have emerged since the opposition’s unprecedented gains in the general election of March 2008.

Armed police

Anwar Ibrahim

Mr Anwar has been in a tense stand-off with police since a former male aide accused him of sodomy two weeks ago.

Sodomy is punishable by 20 years’ imprisonment in Muslim-majority Malaysia.

The 60 year-old opposition leader had been scheduled to report to police on Wednesday to be interviewed over the allegations.

But an hour before the meeting, armed police wearing balaclavas took him into custody outside the gates of his home, his lawyer said.

“The manner in which they surrounded our vehicle, it put a lot of fear and intimidation into us,” Sankara Nair said.

Deputy National Police chief Ismail Omar said Mr Anwar was now being questioned at police headquarters.

“We have to record his statement to complete our investigations,” he told the French news agency AFP. “Once the facts are in we can make a decision.”

Police can detain the opposition leader for 24 hours, after which they must apply for a court order for further detention.

Malaysian riot police

Police used tear gas and water cannon against Mr Anwar’s supporters in 1998

Political challenge

Mr Anwar’s arrest will be seen as provocative by Malaysian opposition groups.

When he was arrested on similar charges 10 years ago, his supporters staged large demonstrations.

A BBC correspondent in Kuala Lumpur, Robin Brant, says it is almost certain that the same thing will happen again now.

The allegations come only weeks after Mr Anwar said he was in a position to launch a challenge to the ruling coalition, with the help of government defectors.

The opposition leader made his claim at a time when Prime Minister Abdullah Badawi is already under intense pressure to resign over poor election results and high fuel prices.

Mr Abdullah has said he will leave office in 2010, defying pressure to step down this December.