October 19, 2012
Mattress Carrier’ s Defamation Suit hogwash
by Malaysiakini.com(10-18-12)
Former Inspector-General of Police Musa Hassan was never prepared to go for trial in his defamation suit against Opposition Leader Anwar Ibrahim in the first place.
This matter became apparent when Musa had problems of finding his main counsel after Hisyam Teh Poh Teik and Ghazi Ishak said they could not appear for him on that day.
Furthermore, Musa’s witness list was seen as incomplete before the start of the trial as besides the former IGP testifying as the claimant, he had placed former Kuala Lumpur CID chief Mat Zain Ibrahim as his second witness.
Mat Zain told Malaysiakini that he was surprised that Musa had listed him as his second witness. “I was never subpoenaed nor informed by Musa or any of his counsel about his intention to call me or record my statement to prepare the witness statement. I believe what Anwar’s counsel said is right, that they did not seek a settlement.
“It was Musa who lied to the public and decided to withdraw. Musa never wanted the case to go on to begin with,” claimed the vocal Mat Zain, the former black-eye case investigating officer.
Anwar’s counsel N Surendran had told Malaysiakini on the day of the hearing that Mat Zain was supposed to be their witness, before learning that Musa had applied for the former KL CID chief to be his much earlier.
Mat Zain wanted action to be taken against Musa and present attorney-general Abdul Gani Patail (left), whom he accused of fabricating evidence related to the black-eye incident.
It was reported that Musa withdrew his suit which he filed in 2008, after Anwar lodged a police report against him, Abdul Gani, Mat Zain and Kuala Lumpur Hospital doctor Abdul Rahman Yusof on July 1, 2008.
Malaysiakini obtained letters from Musa’s lawyers on the application to seek a postponement of Tuesday’s trial following Hisyam and Ghazi’s inability to come to court for the trial. However, Kuala Lumpur High Court Judicial Commissioner Asmabi Mohamad did not want a postponement.
This portal also received a copy of the witness list from Musa’s lawyers which states Musa and Mat Zain’s names as two of the witnesses. The remaining two are unnamed officers from TV3 and the Malaysian Communication and Multimedia Communications (MCMC).
‘Musa cannot absolve himself’
Normally in civil court cases, witness statements are exchanged before the trial starts for both sides to prepare the case.
Commenting further on Musa’s decision to withdraw, Mat Zain believed Musa may have run scared and thus withdrew, but may have wanted to create the impression that it was Anwar who had suggested the settlement.
“If he was prepared to lie before the public openly such as yesterday, he must have lied about Anwar or exaggerated the evidence against Anwar when Musa briefed Dr Mahathir Mohamad in 1998 which led to Anwar’s sacking, and later being charged and convicted on allegations of abuse of power.”
Mat Zain said Musa’s withdrawal also does not absolve him or Abdul Gani’s wrongdoings in fabricating evidence in the black-eye incident.
Anwar, Mat Zain said, is not a person of authority to say who remains accused and who should be probed further as the task is left to the Police or the investigating officer (IO) of the black-eye case to decide.
“If Musa feels that his role in the black-eye incident was wrongly interpreted, than he should challenge the IO and not the victim. For me, it is Musa who helped Abdul Gani and the former A-G, the late Mokhtar Abdullah, to destroy Police credibility from which it had yet to recover until today.
“Musa betrayed the Force. It was based on this fabricated medical report that the A-G ‘overturned’ Police findings in the black-eye investigation to ‘self-inflicted injuries’ instead of assault by the former IGP Abdul Rahim Noor. Based on the A-G’s distorted statement dated Jan 1, 1999, the cabinet decided to establish the royal commission of inquiry (RCI),” he said.
Will Anwar really push for a tribunal?
Mat Zain said Anwar has stated that he is going to push for a tribunal against Abdul Gani.
“Let’s see whether Anwar meant it or is this just another political statement. He must realise that what Abdul Gani did was not an offence or offences against an individual such as assault where the person assaulted can forgive and forget.
“Abdul Gani’s offences are against the state and public justice. It is not for Anwar to forgive or forget what Gani had done. Since Anwar has said that he is going to push for a tribunal then let’s all wait and see whether Anwar will mobilise his strength as the Opposition leader to fight for and uphold public justice for the sake of all. Or whether he is willing to fight for his own personal survival instead.”
Musa and Abdul Gani were probed by the Malaysian Anti-Corruption Commission (MACC) for abuse of power, where a three-member panel comprising former judges of the Federal Court and Court of Appeal were appointed.
The panel cleared the duo of any wrongdoing as had been announced by the de facto law minister Nazri Abdul Aziz. However, Mat Zain argued that the panel was not properly instituted and has no powers to decide the on AG’s conduct as they were appointed as deputy public prosecutors under direct control of the AG as stated in the Criminal Procedure Code.
“It’s not a question of who or what the panel members were when they were in service but what powers were given to them when they were appointed. There is no doubt each and every one of them are most suitable and qualified to be appointed but they were never appointed as such for this exercise.
“I dare say the panel was never shown all the three reports made by Dr Abdul Rahman. The panel would not have cleared Gani and Musa had they been given the chance to look at those reports,” he said.
Din Merican: the Malaysian DJ Blogger 
Gd mng
Sent by Maxis from my BlackBerry® smartphone
“Abdul Gani’s offences are against the state and public justice. It is not for Anwar to forgive or forget what Gani had done. Since Anwar has said that he is going to push for a tribunal then let’s all wait and see whether Anwar will mobilise his strength as the Opposition leader to fight for and uphold public justice for the sake of all. Or whether he is willing to fight for his own personal survival instead.”–Mat Zain
Anwar himself is a phoney. He is always playing politics, presumptous and self serving. In many ways, he is like Naj1b, good at big talk and sloganeering,but short on action. What real choice do we as voters have between two con artists of Malaysian politics. Today, we are a dysfunctional nation. Yet Mr. Netto writes about Anwar in glowing terms as if the Opposition leader is as iconic as Nelson Mandela and Aung San Syi Kyi.
Guru,
Nobody is perfect la. Just watch this documentary on mandela
Everyone is play acting. They are all fromm the same side and the events are causing confusion for the Man-on-the-street. We are now in dangerous territory. we are using the forms of process of democraic government to undermine its substance. It is ok but if you are using it to prevent a person from facing the rule of law then it is not spin it is whatever you want to call it. We must be careful here because the young people who are coming out of our education system are watching all this not only through the eyes of the MSM but also the IM ( Internet Media). We certainly do want to send the wrong message to them because when they sit in Putrajaya they will want to do the same thing. We must alwys be careful of what we wish for because it may coame to past.
Moral of the story. It is OK to spin if you are trying to get a person to face the rule of law for what he or she has done. But it is not Ok if you are trying to get him off the hook.
All commentaries about this case remain based on conjectures & assumptions because the facts are not revealed in court and not known as the suit was withdrawn. Despite claims and counter-claims by both sides, the suit withdrawal appeared to be mutually consented – without costs and no threat of any further action by the accused against the plaintiff.
Being a politician, Anwar is always playing politics just like his threat to resign if the PR loses in the coming GE13, which it will lose. Will Anwar resign after that? We will see.
Whatever it is Mat Zain, you have missed the biggest Dalang.
Musa, Gani and Mokhtar are but cogs in the machine. Who was the one churning the waters? Proteus, aka the Old Man of the Sea.
A tribunal at this stage is impossible and a waste of time – as the vested interests go way beyond your rhetoric. It has many arms ringed with toxic hooks. If bare truth were to be revealed, even Gurubachan will crawl per ano.
A tribunal will only be able to uncover the truth, when UMNO is soundly trashed. Meanwhile, do the needful and best of luck.
“Malaysiakini” means Malaysia pada masa kini or literrally “the present day Malaysia including Malaysians and its reporters and journalists”.
Is the above article of any good to Malaysians? The story is all assumprions and guessing games. Can we learn anything from the article.
Reporters whether writing on politics, sports, soscial or economic should write something factual, something that is beneficial to all, young and old, something that we can learn and gain knowledge, something intelligent and of intelligence. There is nothing beneficial to the voters.
Get over it guys! This case was never meant to see the light of day in court. Time to move on. Not surprising. This case made lots of people nervous. Many witnesses would have faced the threat of perjury if the case continued. The outcome would be the same i.e. like affidavit evidence it is based on the personal knowledge of the affiant or his personal belief. Unlike if you were to stand on Speaker’s Corner somewhere and you make personal remarks which are then reported in the media, remarks that tarnish his image among members of the community and make people less willing to associate with him. But this Musa Hassan is a public official and plaintiff in this case. As plaintiff he would have to meet the higher standard of proof which is malice and not just negligence and reckless disregard for the truth. Little chance of him being to do that.
“Reporters whether writing on politics, sports, soscial or economic should write something factual, something that is beneficial to all, young and old, something that we can learn and gain knowledge, something intelligent and of intelligence. There is nothing beneficial to the voters” Adam Abdullah
What bull are you talking about, Adam?? There is immense public interest in this case had it proceeded. It would have exposed the inner workings of a rogue government. Those called to testify would have had sleepless nights. They can now breathe a sigh of relief. Perjury is a serious matter.
Why is Guru complaining about Anwar or Najib playing politics? They are POLITICIANS are they not? What an oxymoronic statement.
What do you expect of Gurubachan, aka, Gurunonok ?