Ex-cop claims A-G deceived Cabinet over black-eye evidence probe

By Boo Su-Lyn, The Malaysian Insider

KUALA LUMPUR, Nov 22 — Datuk Mat Zain Ibrahim, the policeman who investigated Datuk Seri Anwar Ibrahim’s black-eye assault in 1998, claimed today an independent panel which cleared Attorney-General Tan Sri Abdul Gani Patail and former Inspector-General of Police Tan Sri Musa Hassan of fabricating evidence in the incident was unconstitutional.

In a statement today, Mat Zain accused the country’s top lawyer of deceiving the Cabinet over the independent panel.

In July 2008, Anwar had filed a police report accusing Abdul Gani, Mat Zain, Musa (then a senior investigation officer in 1998) and Dr Abdul Rahman Yusof of falsifying a medical report on his “black-eye” case.

Three independent panel members comprising Federal and Court of Appeal judges later cleared Abdul Gani (picture) and Musa of the allegations, but the status of Mat Zain and Dr Abdul Rahman remained uncertain.

“The A-G had deceived the Cabinet into believing that the so-called independent panel members, who were retired former federal and appeal court judges, had the right to judge an A-G when the right to appoint a tribunal lies only with the Yang di-Pertuan Agong, based on the prime minister’s advice, as enshrined in the Constitution,” said Mat Zain in an open letter to Inspector-General of Police Tan Sri Ismail Omar today.

“The A-G has also deceived the Cabinet into believing that the Solicitor-General (S-G) had the power to appoint panel members as the deputy public prosecutors (DPPs) under the Criminal Procedure Code (CPC), but the S-G did not have the right or power as stated in section 376(4) of the CPC,” added the former Kuala Lumpur CID chief.

The three independent panel members — Datuk Abdul Kadir Sulaiman, Datuk Wira Mohd Noor Ahmad and Datuk Mohd Noor Abdullah — had unanimously cleared Musa of the allegations, said Mat Zain today.

“But the 2-1 majority decision on Abdul Gani meant that one of the panel members found testimonies linking Abdul Gani to wrongdoing. However, both Abdul Gani and Musa were cleared of all allegations,” he said.

Mat Zain filed a RM30 million defamation suit against Anwar in 2008 to clear his name after the Pakatan Rakyat leader claimed that Abdul Gani, who was a senior DPP then, and Musa, who was an investigating officer, had fabricated evidence against him in the black-eye assault.

According to Mat Zain’s statement of claim, the medical report prepared by Dr Abdul Rahman from Hospital Kuala Lumpur had suggested Anwar’s injuries were self-inflicted.

Mat Zain also asserted in his statement of claim that he had taken all possible steps to prevent Dr Abdul Rahman’s medical report from being included in his investigation papers.

Tan Sri Rahim Noor, the Inspector-General of Police in 1998, had admitted he had assaulted Anwar following a royal commission of inquiry probe in 1999.

Recently, the Cabinet said it would look into the various claims of negligence against Abdul Gani before taking any further action.