Altantuya murder: Ex-top cop calls for new probe

Former Kuala Lumpur Criminal Investigation Department (CID) chief Mat Zain Ibrahim has urged police to reopen investigations into the murder of Mongolian translator Altantuya Shaariibuu, leaving no stone unturned.

“The police are empowered to conduct separate investigations on each of them without having to wait for any other instructions or to pass the buck to the Malaysian Anti-Corruption Commission,” he said.

Mat Zain insists that there had been a “great deal of hanky-panky, concealment of material evidence and manipulation” whereby political analyst Abdul Razak Baginda (left), who was charged with abetment, was acquitted without his defence being called.
“The police have all the powers and in this case, the justifications as well, to re-look at the whole investigations to be sure that they have not left any stone unturned.

“No one has the power to obstruct police doing their job. Not even (attorney-general) Abdul Gani Patail. Any police officer can arrest, without (a) warrant, any person who obstructs them.

“The AG may have the powers to institute, conduct or discontinue any criminal proceeding but he is not empowered to fabricate, manipulate, conceal or destroy evidence whenever he likes.

“Make it clear also that the IGP (inspector general of police) is not subservient to the AG and that the police can function independently without having to tailor their investigations to the whims and fancies of the AG,” said Mat Zain in strongly-worded statement today.

He added that the conviction and the death sentence delivered on chief inspector Azilah Hadri (left) and corporal Sirul Azhar Umar, could have been based on “false evidences” admitted by Abdul Razak and private investigator P Balasubramaniam.

In his 70-page judgment obtained by Malaysiakini, Shah Alam High Court judge Mohd Zaki Md Yasin included major portions of Abdul Razak’s affidavit, however, Mat Zain opined that the authenticity the affidavit cannot be verified unless tested against Balasubramaniam’s testimony.

Private investigator’s allegations

Zaki had stated that after studying Abdul Razak’s affidavit, the evidence corroborated by Balasubramaniam, Altantuya’s cousin Burmaa Oyuchimeg, lance corporal Rohaniza Roslan - girlfriend of the accused Azilah - and Abdul Razak’s secretary Siti Aishah Mohd Azlan have clearly negated and nullified the act of abetment levelled against Abdul Razak.

Just months before Abdul Razak’s acquittal, Balasubramaniam (right) on July 3, 2008, revealed his first statutory declaration (SD) which included shocking allegations linking then deputy prime minister Najib Abdul Razak to Altantuya.

Abdul Razak was known to be a close ally and confidante of Najib and reportedly advised the defence ministry when the latter was defence minister.

Less than 24 hours later, the private-eye revealed a second SD, retracting all his allegations against Najib in a hastily organised press conference, before fleeing the country.

However, he continued to insist that he had been pressured into making the second statutory declaration and that his first was true.

“Bala’s own admission that (the first) of his affidavits is false is sufficient to at least test his affidavit against his oral evidence under oath that he gave during the trial. This was purposely avoided by the AG,” said Mat Zain.

Past precedents

Balasubramaniam had later challenged the government to charge him for the false SD, however, the AG decided that the two conflicting SDs would have had “no effect” on Altantuya’s murder trial.

“If that position taken by AG is not ridiculous or insane, then what is?

“The mere fact that the AG ignored Bala’s false affidavit is as good as concealing material evidence from being tendered in court, which if tendered could be favourable to Azilah and Sirul but may not be favourable to Abdul Razak,” said Mat Zain.

However, he reiterated that the IGP should reinitiate investigations despite the AG’s stand on the matter as there are past precedents where the murders during the Batang Kali massacre in 1948 was re-opened 45 years later in 1993 based of “vague and sketchy information” from the murder victims’ relative.

If an ordinary citizen could be accorded with such treatment, Mat Zain said, the same privilege should be allowed police officers Azilah and Sirul.

“Nobody is asking for the two to be released. If both are really guilty, go ahead hang them including those who abetted them but they must be given a fair hearing,” he added, stressing that it was not the AG’s prerogative to decide who should go to the gallows and who should go scot free”.