Private investigator P. Balasubramaniam created shock waves yesterday when he made public his statutory declaration (SD) linking Deputy Prime Minister Datuk Seri Najib Razak with the murdered Mongolian national Altantuya Shaariibuu, with several astounding assertions about the relationship conveyed to him by both Altantuya and Abdul Razak Baginda.
Today, Balasubramaniam created a second round of shock waves when within 24 hours he retracted his statutory declaration with a second statutory declaration, claiming that he was forced to make his earlier declaration under duress.
The initial public reaction to Balasubramaniam’s second SD is one of shock and disgust, with some dismissing and condemning the episode as a “Plague on both houses”!
Serious-minded Malaysians however cannot have the luxury of ignoring the SD acrobatics of Balasubramaniam as at stake are very grave issues about the integrity of the system of justice and good governance, the reputation of powerful office-holders and ordinary people(both dead and living).
As the initial feelings of shock and disgust settle down, it emerges that Subramaniam has done the impossible – making more Malaysians believe in his first SD by his second SD of retraction.
When Subramaniam made his first SD yesterday linking the Deputy Prime Minister with Altantuya, Malaysians were divided between those who believed his SD and those who did not.
With his second SD of retraction, without explaining what was the “duress” which coerced him to make shocking disclosures linking Najib with Altantunya, Subramaniam has succeeded in making even those who had doubted his first SD to come around to believe it – while achieving very little effect in creating doubt among those who had believed his first SD.
Balasubramaniam’s lawyer for his first SD, Americk Singh Sidhu, told Malaysiakini that Balasubramaniam received a phone call from the police soon after his press conference yesterday to report to the Brickfields police station.
“I advised him that as a law-abiding citizen, he should go and see them. So I fetched him to the Brickfields police station at 4.45pm yesterday and I haven’t heard from him since,” he said stressing that he has failed to contact Balasubramaniam since this news broke out.
The Police owes to the Malaysian public a full explanation as to what transpired in the meeting between the police and Balasubramaniam at the Brickfields police station yesterday evening and after, resulting in his bizarre second SD.
The whole Balasubramaniam SD1 and SD2 episode does no credit not only to the private investigator but also to the system of justice and law and order in Malaysia and can only plunge national and international confidence in the integrity, credibility and legitimacy of the Abdullah administration to a new nadir.
#1 by pjboy on Sunday, 6 July 2008 - 1:40 am
Let’s pray for the safety of P.Bala & family. Perhaps he is in Turkish embassy?
The international media must be alerted about this.
Looks like DSAI vs NR has been intensified. Let’s hope this boxing match will be over soon.
#2 by undergrad2 on Sunday, 6 July 2008 - 4:50 am
When a person pleads he executes a document under duress, he is placing himself in very much the same position as a person pleading non est factum – only the latter is claiming he thought he was signing something which turned out to be something else. Both seek to rescind their statements.
#3 by kenghuei on Sunday, 6 July 2008 - 5:00 am
My take for why it is obvious that SD1 is true :
a) It is more difficult to come up with a false SD (serious offence subject to 7 yrs jail) than to retract one (note SD2 itself is not a lie even if it excludes the part on Najib)
b) Najib/gang has more power, $$$ and control over the nation’s instruments/resources to coerce Bala to make a retraction than for Anwar/PKR who is not a goverment in power to coerce/persuade Bala to make a false SD
c) Bala’s composure reveals the truth – SD1, he was smiling and relaxed. SD2, nervous and stressed out…one pointed out that facial expression is difficult to hide, unless Bala is a Bollywood actor :)
d) His 1st lawyer, Americk confirmed that SD1 was made by his own will. An apolitical lawyer like him is unlikely to be lying. If Americk is trustworthy, Bala received a call from Brickfields police station and talked to ASP Tony before retracting the statement – clear signs of police/authority intervention
e) SD1 was made in the presence of his lawyer, PKR and full press while SD2 was made in a hurry with only his (new) lawyer and 1 press (Bernama) in a luxurious hotel
f) Lastly, by common sense, if someone has the power to force him to make a false SD, that person should have the power to ensure he sticks to it too. It could not have been so poorly done.
Having said these, YB Lim is right that this retraction only affirms to the disbeliving group that SD1 is indeed true. If there is no truth in it, there should not be any attempts by interested parties to cover it up (if you believe the retraction was forced based on 7 points above).
By, the main question that lingers in my head too is that why wasn’t Bala given due protection (even now as he went missing?) by PKR/PR/Americk esp that he can go into police station alone.. And could PKR have revealed SD1 without revealing Bala, just as in the case of Lingam tape? Perhaps, these are some points which AI/PKR have missed..
Anyway, I pray that truth and justice will prevail. There is really too much twist & turn and “liwat-meliwat” going on in M’sian politics nowadays. There needs to be divine intervention..only God knows the whole truth.
#4 by theerga on Sunday, 6 July 2008 - 5:38 am
Bala was was extremely naive (for former policeman – it seem sunbelievable) or plain stupid. I was half expecting this! He had placed his wife young family in danger. These are the mooosstt! powerful people in the land. If they can make a foreigner dissapear what a chance has an ethnic indian. He is no RPK – that man has long cultivated and carved his space in malaysian society. He is, despite his mixed parentage – essentially a Malay with solid connections and friends in the right place. He is also royalty and a learned muslim. But even he was detained under the ISA. Trying to tangle with those who hold the reins of power can be a chilling terrifying experience. I should know – the last time I tried do ‘good reponsible citizen’ I was left in a state of terrified shock. Now, if I saw a policen on fire – pardon my language – I would not even PISS on him/her! I bet that breaking into a cold sweat and even possibly loosing control of all his bodily functions was highly likely – the experience Bala endured when he was at that police station. i only hope to god that he and his family have not been held or worse totured & killed.
#5 by rainbowseahorse on Sunday, 6 July 2008 - 9:56 am
Citizenwatch, we Malaysians all know why Bala made that second SD. My point is that in the eyes of the law, he is not a credible witness anymore. You just cannot swear that what you said is the truth in the first place and then retract that and said some of that is only true.
Barble, it’s never easy fighting for justice because of the grave consequences and backlash from powerful individuals. If we are not that brave to fight for justice openly because of the ISA, police, jail, etc. there are other means to do so. Just be an “educator of the people”. Go about explaining to the Rakyat why we need to change the government, expound on the gross corruption and mismanagement that has been going on for the past 50 years. Come next election, hopefully and with Allah/God’s will, we should have a different government.
pulau_sibu Says: “…Don’t we think Razak’s wife should come forward and tell the truth…”
Have you seen Najib’s wife face up close? Now that’s one hell of a scary woman!
#6 by negarawan on Sunday, 6 July 2008 - 12:51 pm
I Malaysian said: “My question is how we Malaysians are going to defeat this tyrannous government which is supported by thugs in the name of polis and legal officers?”
That is the question all Malaysians have to think about hard and answer in the interest of a better and just Malaysia!
#7 by limkamput on Sunday, 6 July 2008 - 3:55 pm
Only a mega nincompoop, aka “best of both worlds type” would call for military intervention when we should least expect them to do it. A mega hypocrite and ill-conceived idiot.
#8 by limkamput on Sunday, 6 July 2008 - 3:58 pm
Hello mega nincompoop, don’t try to impress here with your legal prowess. You are just a wannabe who can’t think straight and who can’t carry more than three variables in your moronic head.
#9 by law1999 on Sunday, 6 July 2008 - 11:19 pm
Be patient everthing will come to an END.
Those who are guilty no matter how they deny it. They are still guilty.
WRONG is also WRONG and cannot be made RIGHT.
RIGHT is always RIGHT and cannot be made WRONG.
Even SADDAM HUSSEIN come an END.
So be patient just WAIT and SEE.
#10 by lakilompat on Monday, 7 July 2008 - 3:30 pm
Hitler – come to an end (millionth of jews)
Musolini – come to an end (massive loss in Italian govt coffers)
T4lib4n – come to an end after bombing the sitting buddha status
Pak Lah – come to an end after ?
Najis – come to an end after Atlantuya?
#11 by JeyS on Monday, 7 July 2008 - 4:10 pm
Honestly….there shall be no end here.
Malaysia will be ruled by the corrupt, greedy for power and money politicians and their cronies. Sorry fellas thats hard reality.
One Mamak wanna be malay ruled this nation for 20 years…so you think that AAB and his cronies can’t. You know what irks me, how this ‘drama’ can tale spin that people have forgotten what the real subjects are; OUR NATION”S STATE with all the price hikes, AS’s murder, LINGAM’s case…..ahhhhhhhh….forgotten so fast already ah?
WHAT A LALA-LAND!
#12 by shortie kiasu on Tuesday, 8 July 2008 - 2:49 pm
Malaysians have pick up a new culture: making statutory declaration in front of a commissioner of oath. You need to pay only RM5.00 to get the commissioner of oath to sign besides your name.
The commissioner of oath has no way to ascertain what you say is true or false, only the conscience of the one who makes it know, and of course the God knows. RM5.00 per swear is cheap, and then if the swearing is sensational in whatever sense, he can go and get a politician to organize a press conference and read out the SD. He will become ‘famous’ and then if he finds he may have committed an offence under the law, just find a place to ‘disappear’ and switch all handphones.
This is ther new culture now prevailing, but unfortunately, it makes the country a laughing stock of the world.