Proof that Hisham wants for Copgate 'already given'

EXCLUSIVE Malaysiakini has obtained information that evidence in the 'Copgate' affair which Home Minister Hishammuddin Hussein is demanding to kick-start an investigation into the scandal could well be under his nose.

Part of this information is in the form of a letter dated Sept 12, 2007 to deputy internal security minister Johari Baharom, by the lawyer for former Commercial Crime Investigation Department chief Ramli Yusuff.

The letter cites the actions of the Attorney-General's (AG) Chambers and the Anti-Corruption Agency (ACA) that led to exposure of the identity of police informants who had helped in the arrest of Johor underworld figure Goh Cheng Poh akaTengku Goh.

Hishammuddin (right in photo), responding to a Malaysiakini report, had asked for proof of collusion among then Inspector-General of Police Musa Hassan, AG Abdul Gani Patail and Tengku Goh in  covering up a corruption case that was being investigated.

The report stated how the whistleblowers - whose information led to the arrest of Tengku Goh in 2007 - had been forced to implicate six police officers investigating the case.

The home minister's response to this on Monday was: "Prove it, prove it. If they prove it, we can take action."

The letter from Ramli's lawyer to Johari states that following Tengku Goh's arrest and placement under restricted residence in Jeli, Kelantan, on Aug 8, 2007, information was leaked to several press organisations.

They reported that the ACA was probing allegations of abuse of power in the "investigations, arrest, detention and issuance of the restricted residence order" against the kingpin.

The news reports also claimed that Tengku Goh had been cleared.

A meeting was held at the AG's Chambers a week later - on Aug 15, 2007 - at which the attendees included Abdul Gani (wearing blue tie), former deputy police chief Mohd Najib Abdul Aziz, former head of prosecution Mohd Yusof Zainal Abiden and Ramli.

The investigation leading to Tengku Goh's arrest was discussed and it was firmly stressed that the identity of the whistleblowers who had helped in his arrest must be kept highly confidential.

Ramli further insisted that there should be no discussion touching on the details of the whistleblowers. He argued that their identity must 'never be revealed' as this would breach the Inspector-General's Standing Orders (IGSO).

What happened next - even before Abdul Gani could revert on the matter - was that the ACA served Ramli with an order dated Aug 20, 2007, requiring the delivery of the original case files, together with  statements by the whistleblowers, as well as details of their identities.

'Cicero' files given to ACA

To avoid possible prosecution for disobedience, Ramli obtained permission from Mohd Najib to release the original ‘cicero' (‘top secret' in police lingo) case files on Tengku Goh, which were delivered to the AG's Chambers.

"At all times, Ramli (right) and the policemen investigating the case were under the impression that the integrity of the information concerning the identity of the police informants would be kept secret, especially since the procedures provided under the (IGSO) were yet to be complied with," the lawyer's letter states.

"It has since come to our client's (Ramli's) notice the identity of the whistleblowers was immediately released to the officers of the ACA, who tracked down the informants and elicited from them further statements concerning the police investigations which led to the arrest, detention, the issuance and execution of the (detention order) on Goh."

The letter further states that the police informants were on Sept 10, 2007 referred back to CCID - the police department which originally investigated Tengku Goh - and they made statutory declarations relating to the events prior to and after they were detained by the ACA officers.

"These statutory declarations were recorded with great care... read back and explained to the deponents through a commissioner of oaths in a language which they understood," the letter states.

The document also cites various laws in Malaysia on the protection of whistleblowers and these included the ACA Act 1997, Betting Act 1953, Common Gaming Houses Act 1953, Dangerous Drugs Act 1952, Sale of Drugs Act 1952, Securities Commission Act 1993, Kidnapping Act 1961 and Evidence Act 1950.

Malaysiakini also highlighted in the Sunday report the affidavits of the whistleblowers, in which they described how they had been 'turned over' by the ACA and forced to retract their original statements.

Investigations by Ramli's team led to the discovery of Tengku Goh's links with Musa, who had formerly been the chief police officer of Johor.

The CCID probe revealed that Musa - while serving in Johor - had closed down most of the gambling and money-lending syndicates.
However, he allegedly went on to help 'reorganise' the remaining few to operate under an 'umbrella' syndicate controlled by Tengku Goh.
Musa (left) was cleared by Gani in July or August 2007. However, these statutory declarations made by the whistleblowers that are in the possession of Malaysiakini are dated in September 2007, a month later.

In the same report, Malaysiakini had asked Musa for comments and he replied that this should be referred to the AG.

However Musa has since emphasised that he had been cleared of the allegations against him.

Chinese newspaper Oriental Daily News quoted him in a report yesterday as saying that the allegations were a tactic by those with an ulterior motive to create confusion. He also threatened to take legal action.

However, Ramli has told Malaysiakini that he is willing to testify in any tribunal against Gani, Musa and the ACA, which has since morphed into the Malaysian Anti-Corruption Commission (MACC).

Another investigation agency cannot investigate

Sources have indicated that Gani may have abused his position by allegedly asking another enforcement agency - in this case, the ACA - to intervene in the investigations, which would be considered as interfering with police work.

Malaysiakini also has in its possession Tengku Goh's habeas corpus application dated Aug 14, 2007, which states that he had been investigated by the ACA, and that no action had been taken against him.

Tengku Goh took pains to say that a probe by a separate arm of the police force - the Criminal Investigations Department (CID) - against him had been closed.

In addition, he claimed that his detention and restricted residence order was an act of mala fide by the CCID and he revealed that Musa was never informed about his arrest and detention.

Tengku Goh's affidavit also states that Gani had described the allegations against him as without any basis, and that he believes the AG had verified the matter.

As reported by Malaysiakini, after the ‘turning over' of the whistleblowers, the six police officers investigating the underworld kingpin's case were charged with fabricating evidence, and Tengku Goh was released in December 2007 - four months after his arrest.

The existence of the lawyer's letter raises questions as to whether the Internal Security Ministry (now the Home Ministry) had investigated Ramli's complaints, or whether his evidence had been  swept under the carpet, resulting in Hishammuddin and his ministry disregarding its contents.

Copies of the statutory declarations by the whistleblowers who implicated Tengku Goh in his underworld activities, and who were then allegedly "turned over" by the ACA, are also believed to have been sent to the Home Ministry.