March 28, 2011
Video Sex Case: Thanks to A-G Gani Patail Rahim Thamby Chik may escape prosecution
by Clara Chooi @http://www.themalaysianinsider.com
A former senior police investigating officer said today that he did not expect Tan Sri Abdul Rahim Thamby Chik to be prosecuted over the sex video scandal because of the ultimate involvement of Tan Sri Abdul Gani Patail as Attorney-General.
Former Kuala Lumpur CID chief Datuk Mat Zain Ibrahim also accused Abdul Gani of hijacking an investigation against Datuk Seri Anwar Ibrahim in 1999 in order to conceal his role in “indemnifying” the former Malacca chief minister from being prosecuted for corruption.
The investigation, he explained, had been wrested from him and given instead to former Inspector-General of Police Tan Sri Musa Hassan, who was then an investigating officer.
Mat Zain added that the Anti-Corruption Agency (ACA) had already issued a recommendation for Abdul Rahim to be prosecuted for four counts of corruption — three under the Emergency (Essential Powers) Ordinance and one for making a false Statutory Declaration, punishable under Section 193 of the Penal Code.
But according to a complaint by Anwar, then prime minister Tun Dr Mahathir Mohamad, then Attorney-General Tan Sri Mokhtar Abdullah and Abdul Gani, who was then a senior deputy public prosecutor, had “indemnified” Abdul Rahim from prosecution in exchange for his resignation from all government and political posts.
Mat Zaid wrote in an open letter to Inspector-General of Police Tan Sri Ismail Omar today that he expected the police to handle the ongoing investigations on the sex video case in a professional manner, but expressed concern that Abdul Gani’s participation would eventually see Abdul Rahim walking away a free man again.
“I am fully confident that the police are able to carry out their responsibilities in a professional and impartial manner and will not be influenced by outside pressures.However, this investigation will later be handled by Abdul Gani as the Attorney-General. It is at this stage where it is expected that manipulation, fraud and forgery will occur, particularly when one is aware of how Abdul Gani and Musa Hassan handled the other cases involving Anwar and Abdul Rahim,” he told the IGP in his letter.
Mat Zain said the matter had first reached his hands when Anwar had sent him a copy of the ACA report against Abdul Rahim along with a police report on August 20, 1999. The report, he explained, was classified as “official secrets” and explained that the agency had compiled enough evidence to prove a “prima facie” case against Abdul Rahim.
“The ACA report was validated by the prosecution division of the Attorney-General’s Chambers and signed by Abdul Gani who classified the document as ‘secret’.
“The documents were said to have been given to Anwar by the Attorney-General and/or Abdul Gani while Anwar was still the deputy prime minister,” he said.
Mat Zain explained that the A-G’s Chambers had wanted to classify the case under the Official Secrets Act 1972 while the police had suggested that the case be investigated under Section 2(1) of the Emergency (Essential Powers) Ordinance on abuse of powers.
He added that an investigation against Abdul Rahim under the Emergency Ordinance would involve the recording of statements from Dr Mahathir, the late Mokhtar, Gani and other prominent leaders.
“But on August 28, I received a letter from the A-G’s Chambers addressed personally to me, specifically stating that the report Anwar lodged against Abdul Rahim would be investigated by Musa as Abdul Gani had supposedly lodged a report against Anwar for committing an offence under the Official Secrets Act,” said Mat Zain, referring to Anwar’s exposure of the ACA report.
“To be clearer, I can say that the report involving Abdul Rahim was hijacked by Musa Hassan from the hands of the CID,” he added. Mat Zain, however, stressed that he had never seen the report purportedly lodged by Abdul Gani.
“And never before has the A-G’s Chambers ever chosen its own investigating officer to investigate a police report,” he said.
Mat Zain also attached a copy of the A-G’s Chamber’s notice to him in his letter to Ismail. “The comparison that can be drawn from here is that when it comes to handling an investigation against Anwar, Abdul Gani and Musa are willing to do whatever it takes, including forcing a government servant to prepare false reports, fabricate DNA evidence, cheat and do anything that is against the law and against all logic in order to convict Anwar,” he charged.
Mat Zain, who was the investigating officer in the infamous 1998 “black-eye” case involving Anwar, has repeatedly accused Abdul Gani of being corrupt and having committed numerous offences to protect his position.
Among others, he has claimed that Abdul Gani had falsified evidence in the probe against Anwar for his first sodomy trial, including the DNA evidence.
“Now, although Musa has retired, but Abdul Gani is still the A-G. So when this sex video investigation reaches him, it can be expect what his stand will be, especially since this video is yet another clash between Abdul Rahim and Anwar,” he said.
Mat Zain stressed that he had no personal vendetta against Abdul Rahim but was concerned that the sex video case would see the former chief minister getting off scot-free, despite his admission to his involvement in the caper.
Abdul Rahim, along with businessman Datuk Shazryl Eskay, had last week admitted to being behind the sex video allegedly featuring Anwar having sex with a foreign prostitute.Anwar has since denied being the man in the tape and has gone on a nationwide campaign to convince voters of his innocence.
Letter dated March 28, 2011 from Former Kuala Lumpur CID Chief Datuk Mat Zain Ibrahim to IGP Tan Sri Ismail Omar
(Please click on image below for a more readable copy of the letter)