Altantuya/Najib link – PI Balasubramaniam SD1 vs SD2


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.

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  1. #1 by rainbowseahorse on Friday, 4 July 2008 - 4:42 pm

    It does not matter whether we Malaysians believe Bala or not. The end result has been achieved, which is to neutralize his credibility as a witness.

  2. #2 by danchungs on Friday, 4 July 2008 - 4:43 pm

    Malaysia Boleh… Can i say like this because due to this kinda SAGA the whole economy like in a deep shit please someone no more SD it leading to no where. What we need is just a place we called home and where we stay , work and live together no more such thing as malay malaysian, chinese malaysian and etc we are still and will be a Malaysian whether you like it or not…can anyone just stop this kinda of bullshit we need peace not WAR

  3. #3 by moy yew hon on Friday, 4 July 2008 - 4:51 pm

    its strange that pkr intelligence would leave Bala on his own after the Press Conference.

    Americk Singh Sidhu, told Malaysiakini
    “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.

    Come on guys… you are dealing with crooks and murderers here… should you guys at least keep an eye on Bala after all thats happened instead of just dropping him off somewhere.

  4. #4 by Loyal Malaysian on Friday, 4 July 2008 - 4:51 pm

    ‘The Police owes to the Malaysian public a full explanation …’ – Kit Siang must be joking. The police here are a law unto themselves, they do not give a damn what civil society think of them, they are just the henchmen of the powers that be.
    SD1 vs SD 2 – it matters not really which is true. The end result is still the same -that ‘senior politician’ will be let off the hook.
    The family of the late Altantuya can only hope that justice will indeed be dispensed by a higher authority than man at the day of judgement.

  5. #5 by nyghtsky on Friday, 4 July 2008 - 4:53 pm

    What is going on, Uncle Lim? Wouldn’t Americk Sidhu have already known why Balasubramaniam had retracted initial SD!!! 7 minutes to the Press Conference…

  6. #6 by bystander on Friday, 4 July 2008 - 4:56 pm

    its obvious that the polis had threathen him or his family. the igb and najis are deeply in this episode. their lives or his. how else does one explain the withdrawal.

  7. #7 by kcee on Friday, 4 July 2008 - 4:56 pm

    Hmmm! Very fishy but knowing Malaysian’s Justice I had to be very cynical!
    Still want Justice for Altantuya!
    Let’s send the murderers of Altantuya to Hell!!!!!

  8. #8 by Rocky on Friday, 4 July 2008 - 4:59 pm

    the lawyer should have followed Bala in the 1st place. Duress? how can Anwar or others duress him for the 1st SD? He looked relax. 2nd on he seems very tense looking at the photo. who can cause you fear and duress? Maybe the police have a file on him?

    who do you trust? YB who don’t you have a poll on who we trust..Anwar or the govt? for me I do not trust the govt agencies right now be it the judiciary, AG office, police and BN. They BN are ruining the country and only looking after themselves and their family.

  9. #9 by mata_kucing on Friday, 4 July 2008 - 5:00 pm

    Common sense dictate that there must be some truth in his SD1. No sane person would implicate the DPM in any country unless you want to commit sucide. And it is common sense to assume that either your life is under threat or you have been financially enticed to withdraw the SD1. The whole episode is so poorly directed that it is obviously a case sheer desperation by the person named in SD1.

  10. #10 by 9to5 on Friday, 4 July 2008 - 5:02 pm

    I was at first skeptical at Balasubramaniam’s SD especially on some of the parts concerning Najib. They sounded quite far fetch that Baginda would confide with his PI about a VVIP’s personal sex life and preference.

    But this retraction of Bala’s SD removed every doubt in my mind. The police application of severe pressure is very real and very obvious. Imagine after making a big declaration and withdrawing it before 24 hours have expired really showed something happened to Bala when he was alone in the police station.

    If the contents were not true, they would not have bothered to apply such intense pressure in such an obvious manner. This withdrawal is more to the advantage of Anwar than to Najib whose reputation was not only irreparably damaged but he is seen as a dictator pushing his whole weight to bear on the ordinary citizens!

    It now opens up the eyes of the citizens and make them more aware of the character and capability of the Prime Minister-in-waiting. This is a glimpse of what the future holds for Malaysians – another Mahathir or Mugabe ruling us.

    I think there are many people like me – skeptical at first but thereafter convinced that it is true after this twist in event.

    Not only am I convinced but angry! Angry at the Prime Minister-in-waiting, the police, the AG, the whole corrupt-to-the-core system that is with the present BN Government!

    Now many people will be afraid to have such a guy to be our prime minister. If he do become one soon, the next election will see the total rejection of UMNO not only by non-malays but malays also!

  11. #11 by bystander on Friday, 4 July 2008 - 5:03 pm

    yup the lawyer should have accompanied him at the police station. why leave him alone with the polis? he is just a sitting duck. obviously his lawyer is not that smart.

  12. #12 by robert ng on Friday, 4 July 2008 - 5:03 pm

    well, the only option for the rakyat – throw bn out asap.

  13. #13 by badak on Friday, 4 July 2008 - 5:03 pm

    Like i said want prove to see who is right or who is wrong…there are CCTV in all hotels …. INTERPOL HOLDS THE KEY…

  14. #14 by dawsheng on Friday, 4 July 2008 - 5:03 pm

    “The next evidence will come in the next few days. Just be patient. This is not the end. I just want to test the nerve and commitment of the Prime Minister,” said PKR de facto leader Datuk Seri Anwar Ibrahim.

    http://thestar.com.my/news/story.asp?file=/2008/7/4/nation/21738312&sec=nation

  15. #15 by PSM on Friday, 4 July 2008 - 5:04 pm

    After his first “SD”, Malaysians were still not sure but after his second “SD” (especially after being called in by the Police), Malaysians now know that his initial allegations are TRUE!
    Looks like they told him…retract or we will “C4″ you & your family!
    I don’t blame the guy, he had no choice!
    Malaysia boleh!

  16. #16 by Evenmind on Friday, 4 July 2008 - 5:04 pm

    What sort of b u l l s h i t is going on in this country? jungle law precedes everything , SD1 can become SD2 , SD3 and so forth, and , i think the monkeys in the jungle are definately superior to the lawmen in Malaysia, well done we are now the laughing stock of the world, this time i won’t blame the british if they say that we still live on trees.

  17. #17 by badak on Friday, 4 July 2008 - 5:05 pm

    Next police report againts ANWAR will also be withdrawn… I rest my case…

  18. #18 by devilmaster on Friday, 4 July 2008 - 5:05 pm

    What else? It is intimidation by the police. Umno common tactic. Using police to charge Oppositions, using ACA to frighten business-rivals.

  19. #19 by nyghtsky on Friday, 4 July 2008 - 5:06 pm

    I agree that our Govt is corrupt and good at covering up; but I hope that PKR does not stoop down to their level with petty games of their own. You have to admit it, its getting too be a little childish on either side. Go for a By-Election and trust that the educated public needs no silly stories to help make up our minds once and for all….

  20. #20 by donplaypuks on Friday, 4 July 2008 - 5:07 pm

    and why didn’t bala’s lawyer. americk singh, accompany him into the police station as any normal lawyer would do? why did he just drop him at the police station and drive off?

    what was americk singh afraid of? sounds very suspicious, cowardly conduct by a lawyer who ought to have stayed with and been by the side of his client to prevent any possible police intimidation.

    so, americk singh, plesae speak out!!

  21. #21 by rainbowseahorse on Friday, 4 July 2008 - 5:07 pm

    As I wrote in an earliere thread that maybe Bala’s lawyer was ‘instructed’ to take him to the Brickfields police station. That lawyer can’t be that good if he cannot figure it out that it would be dangerous to leave Bala in the police station right after that damning SD.

  22. #22 by Richardqed on Friday, 4 July 2008 - 5:07 pm

    the lawyer should have followed Bala in the 1st place. — Rocky

    In another country, that would work. But what good would that do in this country? If the lawyer followed Bala in, it would be no surprise if the lawyer too ends up somehow making an SD that sounds like Bala’s second SD.

  23. #23 by Mr Smith on Friday, 4 July 2008 - 5:09 pm

    Kit,
    Agreed. The fact that he was called by the police and then makes a retraction gives credence to the first SD.
    Without doubt Najib is implicated thus reason to use police pressure.

    In any case this retraction destroys Najib even more.

  24. #24 by 9to5 on Friday, 4 July 2008 - 5:09 pm

    I’m also curious why Bala’s lawyer merely drop Bala off at Brickfields police station and not follow him into the station.

    Isn’t that the normal practice a lawyer should accompany his client to the police station especially after Bala making such a earth-shaking press conference implicating the police to ensure that he is not intimidated? Besides, the lawyer’s other job is offer legal advice to the questions posed by the police.

    His dropping off Bala doesn’t sound quite correct. Have the dark forces bought up the whole team?

  25. #25 by Godson on Friday, 4 July 2008 - 5:10 pm

    Hey guys…..

    You have every right to fear coz you are dealing with the whole group of C4.

    Tell u the truth……I’m also scared of C4.
    I mean u look at C4….look at his head and u can determin the power of C4. Its explosive that can blow you and your family apart.

    Come to think of it…..why no one investigate who approved the C4 in the first case and the immigration thing. I believe C4 guy is guilty.

    umNO-BN is sinking real fast.

  26. #26 by bystander on Friday, 4 July 2008 - 5:11 pm

    why dont AI ask LKY to check for him with his immigration and the hotels whether najis/altantuya/razak were in singapore and staying at the same hotel at the same time/date during the diamond exhibition? singapore immigration and hotels CCTV would have all the records.

  27. #27 by devilmaster on Friday, 4 July 2008 - 5:19 pm

    why dont AI ask LKY to check for him with his immigration and the hotels whether najis/altantuya/razak were in singapore and staying at the same hotel at the same time/date during the diamond exhibition? singapore immigration and hotels CCTV would have all the records.

    Someone had answered this earlier. The Singapore govt will not entertain Bolehland Opposition’s request. They only have bilateral ties with Bolehland govt.

    As for those CCTVs, hotels will only keep them for 2-4 weeks before it is erased and re-use. Within this duration, you still can obtain a copy of it provided with the proper supporting documents.

    The only hope left is the record of the diamond exhibition.

  28. #28 by Godson on Friday, 4 July 2008 - 5:20 pm

    bystander…..

    I wont be surprise that C4 already go and C4 the Singapore immigration and hotels.

    Here we are talking the power of C4. $$$$$$$

  29. #29 by Tickler on Friday, 4 July 2008 - 5:20 pm

    Also there must be many pictures with the PR agencies in France that were involved in the submarine deal.
    Why not get the French NGOs to make noise in this corruption/murder scandal. The French are equally guilty.

  30. #30 by dawsheng on Friday, 4 July 2008 - 5:23 pm

    “Lt Gen Mohd Salleh Ismail, the Director of our Malaysia’s Military Intelligence, said just now that there is no military intelligence report on the Altantuya murder case as claimed by Raja Petra Kamaruddin in a Statutory Declaration. ”

    http://rockybru.blogspot.com/2008/07/we-have-no-file-on-altantuya-says.html

  31. #31 by bzbody on Friday, 4 July 2008 - 5:28 pm

    Advance and Retreat a.k.a “hobbling the army” is a proven strategy in Sun Tzu War. If these SD1 and SD2 are part of the game plan, I think they’ve already achieved what they wanted. After all damage has already been done! 1 – Anwar, 0 – Najib. The saga has just begun.

  32. #32 by yp2008 on Friday, 4 July 2008 - 5:30 pm

    Basically, you put your head on a chopping block when you made an SD as if you are found to made false claims, you can be jailed and fined, as easy as that.

    So, instead of challenge his SD in court and bring him to justice, he was ‘advised’ to retract the 1st SD.

    Do we smell something rotten here?

  33. #33 by Tickler on Friday, 4 July 2008 - 5:30 pm

    RPK is a fried duck then.

  34. #34 by boh-liao on Friday, 4 July 2008 - 5:36 pm

    I am pretty sure very soon there will be a number of people coming out with more SDs stating that they had seen AS, NR, and ARB having romantic candle-light dinner along the Champs-Elysées or next to the Eiffel tower, Moulin Rouge, or the Seine river in gay Paris.

    Akan datang!

  35. #35 by bukanbumi on Friday, 4 July 2008 - 5:38 pm

    Comical! Comical! Comical!
    Next they will declare this guy as insane and will send him to Tanjung Rambutan to hide!
    Anwar has delivered almost a knock out punched at Najib, but with Badawi as referee Najib shall be able to punch Anwar below the belt, you know what I mean.
    They are trying to save their skin and political careers, but for how long more? Only we Rakyat can give them a knockout, next GE!!

  36. #36 by bystander on Friday, 4 July 2008 - 5:39 pm

    so najis guy must have bought everyone including the singapore govt with only the exception of AI & RPK. obviously najis must have bought razak, igb, ag, military intelligence, singapore govt and now PI. i think aab is fully aware and playing along using najis to stay in power longer since he has najis’s b-lls in his palm. they are all ganging up on AI & RPK. uphill battle.

  37. #37 by budak on Friday, 4 July 2008 - 5:40 pm

    if the IGP, AG and Najis can be trusted; whole country will be gone…

    dont says about pigs can fly, even elephant can fly too…

    a black hand behind the SD2; that’s confirm and final…

  38. #38 by nyghtsky on Friday, 4 July 2008 - 5:41 pm

    americk singh is now saying that Bala was talking to the ASP, who wanted to congradulate him on making the first SD and about eating Curry Fishhead… and a lot of other assumption… What is this? Why even bother to have the press conference at all…

  39. #39 by chai on Friday, 4 July 2008 - 5:43 pm

    maybe this is the power of ‘MONEY’. in this world MONEY is stand at the first…….bala’s may earn so much in this case……

  40. #40 by Jeffrey on Friday, 4 July 2008 - 5:44 pm

    Yes the Police owes, as what YB Kit says, 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.

    However the Police canot be compelled to give an explanation and even if they do we have no means of ascertaining its veracity.

    At the end of the day we would have to make our own judgment based on probabilities.

    The question then is whether the making of which – SD1 or its subsequent retraction and making of SD2 – was under duress.

    Duress means compulsion by threat or force; coercion; constraint.

    Between SD1 and SD2, the making of the latter would more likely be a result of duress. This is because he went to Brickfields police station at 4.45pm and not much is known as to what transpired in there.

    To bystanders it would be reasonable to think that he was more likely to be subject to duress in the police station to make SD2 than when he made SD1. This is because it is the authorties that could apply threat or force, coercion or constraint on any individual.

    Having thus concluded we are however no where nearer the truth as far as ascertaining which of the versions – SD1 or SD2 – are more likely true.

    And this is because whilst he was not likely subject to duress when making the SD1, he could be making it out of inducement, which is just as likely as duress to make a person say falsehood.

    So it is equally possible to say that if he was given inducement (financial or otherwise) to make certain misrepresentations in SD1 then the application of subsequent duress to make SD2 would serve the purpose of rectifing the misrepresentations in SD1.

    So are we back to square one? Not really.

    The argument overlooks the fact that bearing false oath in a SD, whether 1 or 2 is a criminal offence for which one could be imprisoned. So the asumption is that when one makes a SD, he would likely be true to avert the most dire legal consequences of making false representations.

    It is asumed here that between an attractive financial inducement and certain punishment

    This being true the making of an untrue SD1 which implicates the powerful, the influential and the VIP is more unlikely because had it been a lie, the probabilty of being prosecuted and punished is certain.

    The opposite of making a false SD2 – to exonerate and absolve the powerful, the influential and the VIP – is however more likely since the powerful, the influential and the VIP could vouch for protection from any dire legal consequences otherwise attracted from wrongful act of making untrue SD.

    Based on these premises, it would be reasonable to infer on balance the greater likelihood of SD1 being freely made based on belief in the truth of its contents than SD2.

    These premises proceed on the important assumption, right or wrong, that the fear of being punished and imprisoned is greater than the lure of financial rewards. This is probably true for majority but not all peoples, and it also depnds on the extent of financial reward as against extent of punishment.

  41. #41 by badak on Friday, 4 July 2008 - 5:45 pm

    Bala got the wrong lawyer..Any other lawyers from PAS , PKR or DAP..Will insist that they follow Bala to the police station.Leaders like TIAN CHUAH,KOPALLAKRISHNAN,RONNIE LIEW,KALPAL SINGH ,GOPI,JOHN FERNANDEZ, LIM KIT SIANG.and many more will fight their way into the police station just to see that bala is safe and not be harresed by the police

  42. #42 by hongsichuan on Friday, 4 July 2008 - 5:45 pm

    As I wrote yesterday, I was hoping that Mr Bala would not a prawn (or pawn) in the battle of the whales. Prawns get hurt when the whales fight.

  43. #43 by Godfather on Friday, 4 July 2008 - 5:50 pm

    They brought Bala to see the two C4 colonels and the rest is history.

  44. #44 by i_love_malaysia on Friday, 4 July 2008 - 5:52 pm

    EVERY ONE IN BOLEH LAND CAN PLAY SD GAMES!!!

    IGP CAN BEHAVE AS IF HE IS THE PM AND WANTED TO CALL IN THE ARMY & THE PM JUST LET HIM PLAY AS HE LIKES & SAID THAT HE IS A GOODMAN!!!

    THE AG CAN DECIDE WHO TO SUE AND WHO NOT TO SUE WITHOUT JUSTIFICATION & THE PM SAID THAT HE IS A GOODMAN!!!

    ANYMORE SDs ????

  45. #45 by i_love_malaysia on Friday, 4 July 2008 - 5:53 pm

    Are lawyers allowed to be with Bala in our bolehland???

  46. #46 by taiking on Friday, 4 July 2008 - 5:59 pm

    Bala hasnt got the substance with which Dato Nala is made of.
    Nala stood his ground and faced possible death sentence for the charge which was thrown at him.
    In any case, the present development is bad for UMNO.
    The main stream media, being one-sided, is usually disbelieved.
    The alternative media gained readership and trust as a result.
    The message that is being spread by the alternative media certainly disfavour UMNO.
    Going by the message of the alternative media, people seems to believe what Bala said at first instance.
    People believe that UMNO and cronies are behind the retraction by Bala.
    See UMNO. Restrictions placed on freedom of expression do no any good.
    It has rebounding repercussions.
    The rebounce has caught you in the face, hasnt it?
    Tip over my friend. Tip over and fall. Like a clown. So that all of us could laugh.
    Maybe that way, you could do a little distraction.
    Buy some space to more and time to think and air to breath.
    Now you know the feeling of being restricted.
    Enjoy it while you still can.
    The movement for change is gaining strength.

  47. #47 by cto on Friday, 4 July 2008 - 6:01 pm

    Bala the whale did a spectacular back flip. He is probably munching on some krill.

  48. #48 by Tickler on Friday, 4 July 2008 - 6:05 pm

    I saw this comment at susan loone`s site:

    Think about this. The police already summoned Bala to balai after Bala released the SD. The lawyer dropped his client at the balai, but did not go in with him. Strange no? Obviously they knew what was going to happen.

    Even in Vietnam War because of torture etc the americans allowed their soldiers to talk whatever nonsense the other side wanted. This was to prevent harm to their soldiers.
    So Bala talks whatever nonsense the cops want him to talk.

    But someone is holding some trump cards. There are some incriminating pictures of N***b and Altantunya which will surface in the next few days that will make Bala`s 1st SD credible. Bala will then say he was forced by the police to make SD2.

    And N***b will be a dead duck. Also the IGP and AG.

  49. #49 by badak on Friday, 4 July 2008 - 6:08 pm

    100 Muslim NGOs sent memo to sultan..Saying they are not happy with PR Goverment…Why not happy.. Because PR YBs does not have the funds to give them.

    Every year State Assemblymen will give each NGOs about RM3000 to RM5000.MPs will give each of them about RM5000 to RM10.000.Now that all PR YB,s don,t have funds to give..Sure lah PR goverment not good.

    All BN State Assemblymen gets RM950,000 and all PM gets RM3 million each year.

  50. #50 by devilmaster on Friday, 4 July 2008 - 6:08 pm

    Look what i had found out:

    Balasubramaniam had also said in his first statutory declaration, that before Razak was arrested for abetting in Altantuya’s murder, he had showed him an SMS purportedly sent by Najib telling him to be cool and that everything would be resolved because he (Najib) was meeting with the Inspector-General of Police at 11am that day.

    This lends more strength to the SD1.

    http://thestar.com.my/news/story.asp?file=/2008/7/4/nation/20080704161739&sec=nation

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