Tuesday, 16 October 2012
Ex-IGP Musa withdraws suit against Anwar
The withdrawal of the former police chief's suit was recorded before Kuala Lumpur High Court judicial commissioner Asmabi Mohamad.
Musa's (right) lawyers Kamarul Hisham Kamaruddin and Hasnal Rezua Merican informed Asmabi of the withdrawal before a packed court room filled with Anwar's supporters.
Anwar’s lawyer N Surendran said as a result of the withdrawal, they are not seeking costs.
“The court then struck out the suit following this application,” he said.
Musa filed the suit following Anwar’s police report against him, attorney-general Abdul Gani Patail, former Kuala Lumpur CID chief Mat Zain Ibrahim and Hospital Kuala Lumpur pathologist Dr Abdul Rahman Mohd Yusof in 2008 alleging fabrication of evidence in the Sodomy I trial.
Anwar (left), who was arrested on Sept 20, 1998 on allegations of abuse of power and sodomy, was assaulted by former IGP Abdul Rahim Noor while being detained at the lock-up.
The police report led to the Malaysian Anti-Corruption Commission (MACC) investigating Musa and Abdul Gani - the investigating officer on the two cases against Anwar and chief prosecutor respectively - on allegations of possible abuse of power, where a three-member panel led by former Federal Court judge Abdul Kadir Sulaiman was called in to conduct a probe.
However, the panel in a majority ruling ruled that Musa and Abdul Gani were not guilty of abuse of power. Abdul Kadir was the only one dissenting in the panel.
Despite the panel’s clearance of Abdul Gani and Musa which was announced by Minister in the Prime Minister’s Department Nazri Abdul Aziz in Parliament, the allegations on the duo persist.
This follows revelations by Mat Zain, the investigating officer in the black eye incident, over the duo’s role in allegedly fabricating evidence in various open letters which he had posted to the media, with copies sent to the IGP and Prime Minister Najib Abdul Razak.
Surendran told Malaysiakini that Mat Zain, along with former Commercial Crime Investigation Department director Ramli Yusuff, are among the slated witnesses to testify in the defence. Ramli was in the cell with former inspector-general of police Abdul Rahim Noor.
Initially, the court had set a three-day hearing for Musa’s defamation suit, with the former IGP taking the witness stand today.
Outside court, both Musa and Anwar gave a different take on the withdrawal.
Musa (left in photo), in commenting on his decision to withdraw the lawsuit, said there was a “misunderstanding” on his role in the black-eye incident.
“We have discussed and revisited the point of contention in this civil suit. I am made to understand there is a misunderstanding brought by certain people, resulting in this case related to the black-eye incident being brought to court today.”
“Hence, I accept the settlement outside court as proposed by them (the defendants).”
Musa said the discussion on the withdrawal had been made since yesterday.
Kamarul Hisham, commenting on what took place, said the party has spoken there has been a misunderstanding on Musa’s role and that this has been cleared up and the parties are prepared to put the matter behind them.
“The air has been cleared so we are withdrawing the suit from the court,” he said.
Musa denied that he is withdrawing it for fear of being grilled in court by Anwar’s lawyers.
Kamarul Hisham said it works both ways as Anwar would also be grilled if put on the stand.
Anwar wants tribunal against AG
Anwar, who was present in court, noted that Musa has admitted the misunderstanding over the matter and he forgave Musa for what he did.
“I am pleased Musa has withdrawn his suit, my allegation remains unrebutted especially on the (present) attorney-general’s (Abdul Gani Patail) role and I believe a tribunal must be set-up to establish our case that there was conspiracy on the fabrication of evidence in the Sodomy I and the black-eye case,” he said.
“I have lodged a police report, he (Musa) contended on that particular aspect. Musa and I respect that he shows an understanding to withdraw and we will move on and now we will focus on the AG,” he said.
The Permatang Pauh MP said his police report still stands and it was Abdul Gani who had led (to the fabrication) and we must concentrate on those responsible.
When asked whether he may consider filing a legal action against Abdul Gani, Anwar said that we have done everything possible against Abdul Gani, including lodging a police report.
“The system is very biased and oppressive. I do not think Prime Minister Najib (Abdul Razak) wants to establish the truth. At this stage we recommended for a tribunal as this is a long-drawn-out case with the allegations against him. If you look at my report, he (Abdul Gani) is the main player in the report,” he said.
Quizzed whether he will move a motion in parliament for a tribunal against Abdul Gani, he said it would not be up to him, but the opposition will consider this.
“I have taken this in good spirit that Musa has chosen to withdraw,” he said.
When it was pointed out that Musa had admitted he took Anwar’s blood sample, Anwar said there are a lot of things which Musa had admitted and now it was important to put the episode behind them and focus on Abdul Gani.
“Its not easy for me, Wan Azizah Wan Ismail, the family and lawyers. It has been a painful experience that we have gone through, but I think we have to move on and I believe we have to move on. We have an agenda to reform and a country to govern,” he said.
Musa had, in an exclusive interview with Malaysiakini, admitted that he took Anwar’s sample meant for HIV tests during the black-eye case and had used it to conduct a DNA test.