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MEDIA STATEMENT
MEDIA STATEMENT – 11/7/2008
THERE SHOULD BE NO HARRASSMENT OF LAWYERS IN
MALAYSIA
- Investigate Allegations Of Police/Prosecutors
Suppressing Of Evidence-
MADPET (Malaysians Against
Death Penalty and Torture) is concerned by the fact that the police has send a
letter requiring lawyer
N. Surendran,
a Malaysian who is against Death Penalty and Torture, to meet the police
concerning allegedly investigation into the statutory declaration/s made by
private investigator P. Balasubramaniam.
On
3/7/2008, P
Balasubramaniam made known a statutory declaration he had made allegedly on
1/7/2008 that linked Deputy Prime Minister Najib Razak to murdered Mongolian
woman Altantuya Shaariibuu.
More disturbing was the
allegation contained in paragraph 49 of this Declaration, being that the police
had caused to be left out certain matters he had told them in the statement he
was finally asked to sign. “I told them all I knew including everything Abdul
Razak Baginda and Aminah had told me about their relationships with Najib Razak
but when I came to sign my statement, these details had been left out…”
MADPET is also concerned
about the allegation contained in paragraph 50, that the prosecution may have
intentionally or otherwise failed to ask questions that will cause the name
and/or involvement of Najib Razak to be disclosed. “…The prosecutor did not ask
me any questions in respect of Aminah’s relationship with Najib Razak or of the
phone call I received from DSP Musa Safri, whom I believe was the ADC for Najib
Razak and/or his wife…”
Prosecutors do and must
have the duty to disclosure all facts to ensure that justice be done, more so in
a murder case where a finding of guilt would result in the death penalty. Leave
it to the judge to decide on the importance or relevance of facts and evidence,
when he decides on the guilt or innocence of the accused.
On
4/7/2008, the following
day, there was another media conference and a 2nd Statutory
Declaration was disclosed, and this new declaration not only revoked the 1st
Statutory Declaration, but also did go further to specifically revoke references
to Najib Razak’s involvement. It was also reported that allegation was made
that the 1st Declaration was made under duress.
Thereafter, allegedly P.
Balasubramaniam and his family disappeared.
On 5/7/2008, R. Kumaresan,
the nephew of that now ‘infamous’ private investigator P. Balasubramaniam,
accompanied by his lawyer N. Surendran, made a report that his uncle and family
had gone missing.
Mr Surendran did today
receive a letter from the police requiring his presence on 12/7/2008 (Saturday)
at 3pm at Tingkat 6, Blok G, Unit Siasatan Jenayah Siber & Multimedia, Jabatan
Siasatan Jenayah Komersil (Commercial Crime Investigation Department), Jalan
Dato Onn, 50560 Kuala Lumpur (Tel: 03-26163822). The letter was dated
11/7/2008, and was signed
by one ASP Abdul Halid bin Hj Ludin, Pegawai Penyiasat (Investigating Officer).
The letter, that was
issued under section 111 Criminal Procedure Code, states that the case being
investigated is classified under section 199 Penal Code (False statement made in
any declaration which is by law receivable evidence) with regard to a false
statement made in a Statutory Declaration – referring to Dang Wangi Rpt:
23402/08.
On the face of it, there
is no justification for the calling of Mr Surendran with regard to this
particular investigation.
Firstly, N. Surendran is
merely the lawyer of the nephew, concerned only about his uncle and family when
they went missing.
Further,
N Surendran
is the lawyer of R. Kumaresan, and is bound by solicitor-client privilege, which
means that a lawyer cannot be compelled to disclose legitimate communications,
whether oral or written, passing directly between him and his client. This means
that he would also not be able to disclose anything that transpired between him
and his client.
MADPET is concerned that
this may be yet another case of harassment of a lawyer, and this is unacceptable
We recall the Malaysian
Bar Resolution that passed at an Emergency General Meeting on
10/10/1998,
which saw the attendance of over 2,400 lawyers, that clear states that lawyers
“…be allowed to carry out their duties freely without any harassment, hindrance
or restraint by the Authorities...”
MADPET urge that lawyers
in Malaysia, including Mr Surendran, be allowed carry out their functions
without fear or favour and completely free from any sort of harassment, threats
or retaliation from the government.
MADPET also calls for the
immediate investigation into the allegations that have been made against the
police and the prosecutors, who allegedly suppressed that part of the truth that
implicated involvement of the Deputy Prime Minister.
Charles Hector
for Malaysians Against Death Penalty and
Torture (MADPET)
11th July 2008
Notes:- The 2 Statutory Declarations (as reported in Malaysiakini) is as
follows:-
Private investigator's statutory
declaration in full |
Jul 3, 08 2:01pm |
The following is the full
16-page statutory declaration sign by Abdul Razak Baginda's former private
investigator P Balasubramaniam on July 1.
MCPX
I, Balasubramaniam a/l Perumal ... do solemly and sincerely declare as
follows:
1. I have been a police officer with the Royal Malaysian Police Force,
having joined as a constable in 1981 attached to the police field force. I
was then promoted to the rank of lance corporal and finally resigned from
the police force in 1998 when I was with the Special Branch.
2. I have been working as a freelance private investigator since I left the
police force.
3. Sometime in June or July 2006, I was employed by Abdul Razak Baginda for
a period of 10 days to look after him at his office at the Bangunan Getah
Asli, Jalan Ampang between the hours of 8am to 5pm each working day as
apparently he was experiencing disturbances from a third party.
4. I resigned from this job after 2½ days as I was not receiving any proper
instructions.
5. I was however re-employed by Abdul Razak Baginda on the Oct 5, 2006 as he
had apparently received a harassing phone call from a Chinese man calling
himself ASP Tan who had threatened him to pay his debts. I later found out
this gentleman was in fact a private investigator called Ang who was
employed by a Mongolian woman called Altantuya Shaaribuu.
6. Abdul Razak Baginda was concerned that a person by the name of Altantuya
Shaaribuu, a Mongolian woman, was behind this threat and that she would be
arriving in Malaysia very soon to try and contact him.
7. Abdul Razak Baginda informed me that he was concerned by this as he had
been advised that Altantuya Shaaribuu had been given some powers by a
Mongolian ‘bomoh’ and that he could never look her in the face because of
this.
8. When I enquired as to who this Mongolian woman was, Abdul Razak Baginda
informed me that she was a friend of his who had been introduced to him by a
VIP and who asked him to look after her financially.
9. I advised him to lodge a police report concerning the threatening phone
call he had received from the Chinese man known as ASP Tan but he refused to
do so as he informed me there were some high-profile people involved.
10. Abdul Razak Baginda further told me that Altantuya Shaaribuu was a great
liar and good in convincing people. She was supposed to have been very
demanding financially and that he had even financed a property for her in
Mongolia.
11. Abdul Razak Baginda then let me listen to some voice messages on his
handphone asking him to pay what was due otherwise he would be harmed and
his daughter harassed.
12. I was therefore supposed to protect his daughter Rowena as well.
13. On Oct 9, 2006 I received a phone call from Abdul Razak Baginda at about
9.30am informing me that Altantuya was in his office and he wanted me there
immediately. As I was in the midst of a surveillance, I sent my assistant
Suras to Abdul Razak Baginda’s office and I followed a little later. Suras
managed to control the situation and had persuaded Altantuya and her two
friends to leave the premises. However Altantuya left a note written on some
Hotel Malaya notepaper, in English, asking Abdul Razak Baginda to call her
on her handphone (number given) and wrote down her room number as well.
14. Altantuya had introduced herself to Suras as ‘Aminah’ and had informed
Suras she was there to see her boyfriend Abdul Razak Baginda.
15. These three Mongolian girls however returned to Abdul Razak Baginda’s
office at the Bangunan Getah Asli, Jalan Ampang again, the next day at about
12 noon. They did not enter the building but again informed Suras that they
wanted to meet Aminah’s boyfriend, Abdul Razak Baginda.
16. On Oct 11, 2006, Aminah returned to Abdul Razak Baginda’s office on her
own and gave me a note to pass to him, which I did. Abdul Razak Baginda
showed me the note which basically asked him to call her urgently.
17. I suggested to Abdul Razak Baginda that perhaps it may be wise to
arrange for Aminah to be arrested if she harassed him further, but he
declined as he felt she would have to return to Mongolia as soon as her cash
ran out.
18. In the meantime, I had arranged for Suras to perform surveillance on
Hotel Malaya to monitor the movements of these three Mongolian girls, but
they recognised him. Apparently they become friends with Suras after that
and he ended up spending a few nights in their hotel room.
19. When Abdul Razak Baginda discovered Suras was becoming close to Aminah
he asked me to pull him out from Hotel Malaya.
20. On the Oct 14, 2006, Aminah turned up at Abdul Razak Baginda’s house in
Damansara Heights when I was not there. Abdul Razak Baginda called me on my
handphone to inform me of this so I rushed back to his house. As I arrived,
I noticed Aminah outside the front gates shouting “Razak, bastard, come out
from the house”. I tried to calm her down but couldn’t, so I called the
police who arrived in two patrol cars. I explained the situation to the
police, who took her away to the Brickfields police station.
21. I followed the patrol cars to Brickfields police station in a taxi. I
called Abdul Razak Baginda and his lawyer Dirren to lodge a police report
but they refused.
22. When I was at the Brickfields police station, Aminah’s own private
investigator, one Mr Ang arrived and we had a discussion. I was told to
deliver a demand to Abdul Razak Baginda for US$500,000 and three tickets to
Mongolia, apparently as commission owed to Aminah from a deal in Paris.
23. As Aminah had calmed down at this stage, a policewoman at the
Brickfields police station advised me to leave and settle the matter
amicably.
24. I duly informed Abdul Razak Baginda of the demands Aminah had made and
told him I was disappointed that no one wanted to back me up in lodging a
police report. We had a long discussion about the situation when I expressed
a desire to pull out of this assignment.
25. During this discussion and in an attempt to persuade me to continue my
employment with him, Abdul Razak Baginda informed me that:
1) He had been introduced to Aminah by Najib Razak at a diamond exhibition
in Singapore.
2) Najib Razak informed Abdul Razak Baginda that he had a sexual
relationship with Aminah and that she was susceptible to anal intercourse.
3) Najib Razak wanted Abdul Razak Baginda to look after Aminah as he did not
want her to harass him since he was now the deputy prime minister.
4) Najib Razak, Abdul Razak Baginda and Aminah had all been together at a
dinner in Paris.
5) Aminah wanted money from him as she felt she was entitled to a US$500,000
commission on a submarine deal she assisted with in Paris.
26. On Oct 19, 2006, I arrived at Abdul Razak Baginda’s house in Damansara
Heights to begin my night duty. I had parked my car outside as usual. I saw
a yellow Proton Perdana taxi pass by with three ladies inside, one of whom
was Aminah. The taxi did a U-turn and stopped in front of the house where
these ladies rolled down the window and wished me ‘Happy Deepavali’. The
taxi then left.
27. About 20 minutes later the taxi returned with only Aminah in it. She got
out of the taxi and walked towards me and started talking to me. I sent an
SMS to Abdul Razak Baginda informing him “Aminah was here”. I received an
SMS from Razak instructing me “to delay her until my man comes”.
28. Whist I was talking to Aminah, she informed me of the following:
1) That she met Abdul Razak Baginda in Singapore with Najib Razak.
2) That she had also met Abdul Razak Baginda and Najib Razak at a dinner in
Paris.
3) That she was promised a sum of US$500,000.00 as commission for assisting
in a submarine deal in Paris.
4) That Abdul Razak Baginda had bought her a house in Mongolia but her
brother had refinanced it and she needed money to redeem it.
5) That her mother was ill and she needed money to pay for her treatment.
6) That Abdul Razak Baginda had married her in Korea as her mother is Korean
whilst her father was a Mongolian/Chinese mix.
7) That if I wouldn’t allow her to see Abdul Razak Baginda, would I be able
to arrange for her to see Najib Razak.
29. After talking to Aminah for about 15 minutes, a red Proton Aeroback
arrived with a woman and two men. I now know the woman to be lance corporal
Rohaniza and the men, Azilah Hadri and Sirul Azahar. They were all in
plainclothes. Azilah walked towards me while the other two stayed in the
car.
30. Azilah asked me whether the woman was Aminah and I said “Yes”. He then
walked off and made a few calls on his handphone. After 10 minutes another
vehicle, a blue Proton Saga, driven by a Malay man, passed by slowly. The
drivers window had been wound down and the driver was looking at us.
31. Azilah then informed me they would be taking Aminah away. I informed
Aminah they were arresting her. The other two persons then got out of the
red Proton and exchanged seats so that lance corporal Rohaniza and Aminah
were in the back while the two men were in the front. They drove off and
that is the last I ever saw of Aminah.
32. Abdul Razak Baginda was not at home when all this occurred.
33. After Oct 19, 2006, I continued to work for Abdul Razak Baginda at his
house in Damansara Heights from 7pm to 8am the next morning, as he had been
receiving threatening text messages from a woman called ‘Amy’ who was
apparently ‘Aminah’s’ cousin in Mongolia.
34. On the night of Oct 20, 2006, both of Aminah’s girlfriends turned up at
Abdul Razak Baginda’s house enquiring where Aminah was. I informed them she
had been arrested the night before.
35. A couple of nights later, these two Mongolian girls, Mr Ang and another
Mongolian girl called ‘Amy’ turned up at Abdul Razak Baginda’s house looking
for Aminah as they appeared to be convinced she was being held in the house.
36. A commotion began so I called the police who arrived shortly thereafter
in a patrol car. Another patrol car arrived a short while later in which
was the investigating officer from the Dang Wangi police station who was in
charge of the missing persons report lodged by one of the Mongolians girls,
I believe was Amy.
37. I called Abdul Razak Baginda who was at home to inform him of the events
taking place at his front gate. He then called DSP Musa Safri and called me
back informing me that Musa Safri would be calling handphone and I was to
pass the phone to the inspector from Dang Wangi police station.
38. I then received a call on my handphone from Musa Safri and duly handed
the phone to the Dang Wangi inspector. The conversation lasted 3-4 minutes
after which he told the girls to disperse and to go to see him the next day.
39. On or about Oct 24, 2006, Abdul Razak Baginda instructed me to accompany
him to the Brickfields police station as he had been advised to lodge a
police report about the harassment he was receiving from these Mongolian
girls.
40. Before this, Amy had sent me an SMS informing me she was going to
Thailand to lodge a report with the Mongolian consulate there regarding
Aminah’s disappearance. Apparently she had sent the same SMS to Abdul Razak
Baginda. This is why he told me he had been advised to lodge a police
report.
41. Abdul Razak Baginda informed me that DPS Musa Safri had introduced him
to one DSP Idris, the head of the criminal division, Brickfields police
station, and that Idris had referred him to ASP Tonny.
42. When Abdul Razak Baginda had lodged his police report at Brickfields
police station, in front of ASP Tonny, he was asked to make a statement but
he refused as he said he was leaving for overseas. He did however promise to
prepare a statement and hand ASP Tonny a thumbdrive. I know that this was
not done as ASP Tonny told me.
43. However ASP Tonny asked me the next day to provide my statement instead
and so I did.
44. I stopped working for Abdul Razak Baginda on Oct 26, 2006 as this was
the day he left for Hong Kong on his own.
45. In mid-November 2006, I received a phone call from ASP Tonny from the
IPK Jalan Hang Tuah asking me to see him regarding Aminah’s case. When I
arrived there I was immediately arrested under Section 506 of the Penal Code
for criminal intimidation.
46. I was then placed in the lock-up and remanded for five days. On the
third day, I was released on police bail.
47. At the end of November 2006, the D9 department of the IPK sent a
detective to my house to escort me to the IPK Jalan Hang Tuah. When I
arrived, I was told I was being arrested under Section 302 of the Penal Code
for murder. I was put in the lock-up and remanded for seven days.
48. I was transported to Bukit Aman where I was interrogated and questioned
about an SMS I had received from Abdul Razak Baginda on Oct 19, 2006 which
read “delay her until my man arrives”. They had apparently retrieved this
message from Abdul Razak Baginda’s handphone.
49. They then proceeded to record my statement from 8.30 am to 6pm everyday
for seven consecutive days. I told them all I knew including everything
Abdul Razak Baginda and Aminah had told me about their relationships with
Najib Razak but when I came to sign my statement, these details had been
left out.
50. I have given evidence in the trial of Azilah, Sirul and Abdul Razak
Baginda at the Shah Alam High Court. The prosecutor did not ask me any
questions in respect of Aminah’s relationship with Najib Razak or of the
phone call I received from DSP Musa Safri, whom I believe was the ADC for
Najib Razak and/or his wife.
51. On the day Abdul Razak Baginda was arrested, I was with him at his
lawyers office at 6.30am. Abdul Razak Baginda informed us that he had sent
Najib Razak an SMS the evening before as he refused to believe he was to be
arrested, but had not received a response.
52. Shortly thereafter, at about 7.30am, Abdul Razak Baginda received an SMS
from Najib Razak and showed, this message to both myself and his lawyer.
This message read as follows: “ I am seeing IGP at 11am today … matter will
be solved … be cool”.
53. I have been made to understand that Abdul Razak Baginda was arrested the
same morning at his office in the Bangunan Getah Asli, Jalan Ampang.
54. The purpose of this Statutory declaration is to:
1) State my disappointment at the standard of investigations conducted by
the authorities into the circumstances surrounding the murder of Altantuya
Shaaribuu.
2) Bring to the notice of the relevant authorities the strong possibility
that there are individuals other than the three accused who must have played
a role in the murder of Altantuya Shaaribuu.
3) Persuade the relevant authorities to reopen their investigations into
this case immediately so that any fresh evidence may be presented to the
court prior to submissions at the end of the prosecutions case.
4) Emphasise the fact that having been a member of the Royal Malaysian
Police Force for 17 years, I am absolutely certain no police officer would
shoot someone in the head and blow up their body without receiving specific
instructions from their superiors first.
5) Express my concern that should the defence not be called in the said
murder trial, the accused, Azilah and Sirul will not have to swear on oath
and testify as to the instructions they received and from whom they were
given.
55. And I make this solemn declaration conscientiously believing the same be
true and by virtue of the provisions of the Statutory Declaration Act 1960.
Balasubramaniam a/l Perumal
July 1, 2008
|
Bala's new statutory declaration Jul 4, 08
1:10pm
The following is the new
statutory declaration released by P Balasubramanian today at a press conference
in Kuala Lumpur.
MCPX
I, Balasubramaniam Perumal, do solemnly and sincerely declare as follows:
1. I have been a police officer with the Royal Malaysian Police Force having
joined as a constable in 1981. I was subsequently promoted to the rank of lance
corporal and finally resigned from the Royal Malaysian Police Force in 1998.
2. I currently work as a freelance private investigator.
3. I wish to refer to
the statutory declaration I affirmed on July 1,
2008. I refer specifically to
paragraphs 8, 25, 28, 49 and 50 to 52, wherein I have stated inter-alia that:
a) Abdul Razak Baginda informed me that he was introduced to Altantuya
Shaariibuu by a VIP;
b) Najib Razak informed Abdul Razak Baginda that he had a sexual relationship
with Altantuya Shaariibuu and that she was susceptible to anal intercourse;
c) Najib Razak instructed Abdul Razak Baginda to look after Altantuya Shaariibuu
as he did not want her to harass him since he was the deputy prime minister;
d) Najib Razak, Abdul Razak Baginda and Altantuya Shaariibuu had met and all
been together at a dinner in Paris;
e) Altantuya Shaariibuu wanted money in the sum of US$500,000 as a commission
for a submarine deal she assisted with in Paris;
f) Altantuya Shaariibuu met Najib Razak in Singapore;
g) Altantuya Shaariibuu wanted me to arrange to see Najib Razak;
h) I told the police about the relationship between Najib Razak and Altantuya
Shaariibuu but when it came to sign my statement this detail was left out;
i) The prosecutor during the course of
the trial in the High Court of Shah Alam did not ask me any questions in respect
of Altantuya Shaariibuu’s purported relationship with Najib Razak or of a phone
call I received from one DSP Musa Safri, whom I believe was the ADC to Najib
Razak and/or his wife;
j) Abdul Razak Baginda informed me that he had sent Najib Razak an SMS the
evening before he was arrested but did not receive a response; and
k) Najib Razak sent an SMS to Abdul Razak Baginda on the day of his arrest to
the effect that he was going to see the IGP that day and that the matter should
be resolved and for Abdul Razak Baginda to remain calm.
4. I wish to retract all the statements that I have made in paragraphs 8, 25,
28, 49 and 50 to 52 of my statutory declaration dated July 1, 2008. The
statements contained in paragraphs 8, 25, 28, 49 and 50 to 52 of my statutory
declaration dated July 1, 2008 are inaccurate and not the truth. I wish to
expressly state that:
a) At no material time did Abdul Razak Baginda inform me that he was introduced
to Altantuya Shaariibuu by a VIP;
b) At no material time did Razak Baginda inform me that Najib Razak had a sexual
relationship with Altantuya Shaariibuu and the she was susceptible to anal
intercourse;
c) At no material time did Abdul Razak Baginda inform me that Najib Razak
instructed Abdul Razak Baginda to look after Altantuya Shaariibuu as he did not
want her to harass him since he was the deputy prime minister;
d) At no material time did Razak Baginda and/or Altantuya Shaariibuu inform me
that Najib Razak, together with Abdul Razak Baginda and Altantuya Shaariibuu had
met and all been together at a dinner in Paris;
e) At no material time did Altantuya Shaariibuu inform me that she wanted money
in the sum of US$500,000 as a commission for a submarine deal she assisted with
in Paris;
f) At no time whatsoever did Abdul Razak Baginda and/or Altantuya Shaariibuu
inform me that Najib Razak met with Altantuya Shaariibuu in Singapore;
g) At no time whatsoever did Altantuya Shaariibuu inform me that she wanted me
to arrange to see Najib Razak;
h) At no time did I tell the police during the course of their investigations
about any relationship between Najib Razak and Altantuya Shaariibuu as no such
relationship existed to my knowledge. Accordingly, the statement I signed before
the police is complete;
i) At no time did Abdul Razak Baginda inform me that he had sent Najib Razak an
SMS the evening before he was arrested; and
j) At no time did Abdul Razak Baginda inform me that Najib Razak had sent him an
SMS on the day of his arrest to the effect that he was going to see the IGP that
day and that the matter should be resolved and for Abdul Razak Baginda to remain
calm.
5. In addition, I wish to retract the entire contents of my statutory
declaration dated July 1, 2008. I was compelled to affirm the said statutory
declaration dated July 1, 2008 under duress.
And I make this solemn declaration voluntarily and conscientiously believing the
same to be true, and by virtue of the provisions of the Statutory Declarations
Act 1960.
Balasubramaniam a/l Perumal