(Speech at the DAP Kuching Solidarity Dinner in Kuching on Saturday, 5th July 2008 at 9 pm)
In the past 36 hours, the country has been convulsed by the two contradictory statutory declarations by private investigator P. Balasubramiam over the linking of Deputy Prime Minister, Datuk Seri Najib Razak with the murdered Mongolian national Altantuya Shaariibuu.
A great debate has been going on since Balasubramaniam’s second SD yesterday contradicting his first SD made public on Thursday with such devastating effect as to whether the private investigator had committed the crime of perjury, liable under the Penal Code to an offence which carries a maximum of seven years’ jail.
I think this question is secondary. My immediate concern of the two contradictory SDs by Balasubramiam is not whether he had committed a criminal offence, but his personal safety and a new low in public confidence in the police and justice systems.
After the March 8 “political tsunami”, resulting in the unprecedented Barisan Nasional loss of two-thirds parliamentary majority, the Prime Minister Datuk Seri Abdullah Ahmad Badawi assured Malaysians that he had finally heard their voices in the general election verdict and would seriously carry out long-delayed reforms in the institutions of government, especially in the three areas of judicial, police and anti-corruption reforms.
Apart from a lot of “hot air” however little has been achieved in the past four months, apart from ex-gratia payment to six judges who were victims of the 1988 judicial crisis and scandal – when the victims of the judicial darkness of the past two decades were not just the six judges but an entire generation of Malaysians who were denied their fundamental and constitutional right to independent and impartial justice.
This is why I had asked in Parliament what is the actual amount of the ex gratia payment paid to the six judges as Malaysians have the right to know as the money come from the public coffers. Somebody said the ex gratia payment is RM1.5 million each. I hope to get the answer during the Ministerial winding-up in the debate on the Ninth Malaysia Plan Mid-Term Review in Parliament next week.
With little to show in judicial, police and anti-corruption reforms, Balasubramaniam’s two contradictory SDs have served to highlight the institutional rot in our country plunging public confidence in the justice and police systems to a new nadir.
Balasubramaniam had said in his SD2 that he had made his SD1 under duress. In his SD1, he had alleged that he had signed his police statement in November 2006 under duress although the police had omitted all his information linking Najib to Altantuya because he had been in the police lock-up for seven days and just wanted to go home.
This was what Balasubramaniam said in his press conference on Thursday when releasing his SD1:
“If you have experienced being in a lock-up, definitely you will sign the statement. I have three children (to think about).
”I was arrested under (Section) 302 (for murder). What’s the reason? In the first place there was no reason for the police to put me in the lock-up. They can call me anytime to take a statement. I was the private investigator for Razak.”
Balasubramaniam was the very picture of being very relaxed and comfortable in his Thursday media conference when releasing his SD1, while he looked very strained and under great pressure in his SD2 press conference, where he did not say a single word.
It is not only Balasubramaniam who is under great test with his two contradictory SDs, but public confidence in the police and justice systems.
#1 by citizenwatch on Monday, 7 July 2008 - 12:03 pm
(Godfather Says:
Yesterday at 22: 23.59
What is wrong with the leadership of this country ? I mean, a person makes startling statutory declarations, gets hauled up by the police, retracts the original statutory declarations, goes missing with the entire family AND NO ONE IN GOVERNMENT EXPRESSES CONCERN ABOUT THE TAMPERING OF JUSTICE ?
I can understand if one or two bad apples or even 10 bad apples are part of a conspiracy, but what about the rest ? There must surely be some good men around who are appalled by the “lawlessness” of this particular situation and are prepared to stick their neck out for justice. Or am I simply too optimistic and the entire barrel of apples is rotten ?)
*******************************************
The way one by one ministers have been coming out to discredit Anwar and alleging he is diverting attention from his sodomy charge looks like one grand design of a conspiracy of BN, more specifically, UMNO. “We are in this together, we’ll sink together”.
There are claims of a third party involvement and instigation in and to the Najib-Anwar ‘spat’. Assuming that’s the case it can only point to a micro situation of a perennially sleepwalking individual seeking political survival with the assistance of an Oxbridge pseudo-intellectual primate together with the think-tank of Level 3a (we are superstitious here).
#2 by Godfather on Monday, 7 July 2008 - 12:05 pm
The NST quoted a senior police officer as saying that Bala could have been held by “interested parties”. Helloooooooo…..there is a missing person’s report made by a relative, and holding a person against his will is a very serious offence. If the Police can’t find Bala, then I suggest that either the Police is a conspirator in all this, or the Police is totally incompetent.
Take your pick, IGP. Not that you are particularly brainy since the only reason why you are where you are is because you did an incredible service to UMNO when you were an investigating officer.
#3 by rainbowseahorse on Monday, 7 July 2008 - 12:06 pm
We can expect : “Yes I & my family are missing”, followed by “No, we are not missing. Just taking a break from all the excitement.”
#4 by citizenwatch on Monday, 7 July 2008 - 12:53 pm
Why So Quick to Dismiss SD and It’s ‘Keeper’?
Rehman Rashid in an article in NST July 5, titled “RIP to Statutory Declration” is an obvious attack and demonisation of a legal instrument which these past weeks gained prominence . His convoluted and verbose (his usual style) article seems to put to the backburner and questioned the credibility of SD.
To give SD and its ‘keeper’ in the form of Commissioner of Oath premature epitaph or orbituary has the ulterior motive of dissuading the people from believing the damning SDs the people have been exposed to.
One of BN’s tactics and strategies of misinformation by their psudo-intellectuals.
#5 by tunglang on Monday, 7 July 2008 - 1:52 pm
Bala could have been intentionally ‘kept away’ to prevent credible witness in relation to the ongoing Altantuya case. For Bala’s & his family safety? Nope.
Who did this is definitely an authority biased towards a fair trial. Disgusting. Watch out for another C4ed of some witnesses after 23rd July of Altantuya’s case closing.
#6 by pulau_sibu on Monday, 7 July 2008 - 2:31 pm
BALA, siLA BAlik
Scooby Doo, Where Are You!
Bala bala, where are you?
http://www.youtube.com/watch?v=H-HOyx_FH4E
#7 by lakilompat on Monday, 7 July 2008 - 2:53 pm
“NO ONE IN GOVERNMENT EXPRESSES CONCERN ABOUT THE TAMPERING OF JUSTICE ?”
Who dare, even Koh Tsu Koon has been muted for 17 years in Penang. Remain silenced give him 5.70 billion
Now YB Lim Guan Eng has been calling for 2 mega projects, the federal cut & punished the Penangites -4.7 billion, left 1 billion. What can an ordinary rakyat do? the penangites suffer the most, Tsu Koon keep quiet just to remain and serve his party but for 17 years Penangites get nothing but increasing in cost of living. A plate of char koay teow cost RM 0.80 in 1991, Johor cost RM 1.50 in 1991, now in 2008 a plate of char koay teow almost the same as Johor.
We are left with 1 billion how to develop Penang? WHO CARE! the FEDERAL GOVT. is fit enough to run the country wealth? if not why not we CHANGE! but that will have to wait another 4 years.
#8 by badak on Monday, 7 July 2008 - 3:39 pm
With or with out BALA.. Both his SD is good enough for the defence to call up NAJIB and ROSMAH to court to give evidence.Now that their names are mention they can,t hide behind their position.
If NAJIB is not called then ..The ALTANTUYA murder will always haunt him..Can you imagine the PM of Malaysia involved in a murder.This is what foriegn ministers will be talking during their tea break.
#9 by justmerm on Monday, 7 July 2008 - 4:13 pm
Following Bala’s 2 SDs what is important now is to ensure that the Altantunya trial be really fair and impartial , not just a show following a well written script with the verdict already decided beforehand. Perhaps we should ask for the present judge and prosecutor to be removed and replaced by persons chosen by someone we can trust like His Majesty Yang DiPertuan Agong.-just an idea -OR IS IT ALREADY TOO LATE?
#10 by kritikus on Monday, 7 July 2008 - 10:34 pm
BALA’S SD2 AND HIS DIAPPEARANCE AUTHENTICATES HIS SD1 AND THERE IS NO DOUBT ABOUT IT……… ANY ENGLISH SPEAKING PERSON CAN SIMPLY UNDERSTAND WHAT IS GOING ON…
THIS TYPE OF SCHEMING AND PLOTTING BY THE CULPRITS HAS BEEN GOING ON AND ON AND IT IS NOT SUPRISING ANYMORE……
BRAZE YOURSELF MALAYSIANS ….MALAYSIA IS CERTAINLY DOOOOOOMED AND CURSED…
MALAYSIA HAS EMULATED SODOM AND GOMORRAH… AND CONDEMNED BY THE ALMIGHTY ALLAH IN THE QURAN AND ALSO AS REVEALED IN THE INJIL….
IT IS A MATTER OF TIME WHEN THE PUNISHMENT WILL COME AND IT IS IMMINENT….
ALLAH PROTECT THE INNOCENT
#11 by KS R on Monday, 7 July 2008 - 11:01 pm
YB
I believe Police have threaten Bala. Najib/IGP/AG should suspanded immediately until case investigated and proven. I also do not know who can be truested. I hope Agong should set up Royal commission and also should place PR members in the Royal commission whereby BN cannot be truest anymore there is no truth very scary.
I also very sad inspite of this, THE RAKYAT STILL TRUEST BN AND VOTE THEM GOD PLEASE OPEN THE BLINK EYES
#12 by undergrad2 on Tuesday, 8 July 2008 - 12:31 am
Guys! The truth is Bala is undergoing a facial make over with a plastic surgeon somewhere in the States.
#13 by justmerm on Tuesday, 8 July 2008 - 1:30 am
WHOA…HOLD ON EVERYONE…JUST REALIZED SOMETHING…DON’T YOU ALL SEE…IT’S STARING AT US RIGHT IN THE FACE AND WE STILL DIDN’T KNOW IT!… BALA LEFT US A CLUE WHICH SD IS TRUE AND WHICH IS FALSE WHETHER HE INTENDED TO OR NOT…GUESS WHAT???….THE SMS THAT WAS ALLEGED SENT BY DSNR TO RAZAK BAGINDA! YES!!! I’m sure if its TRUE it’s recorded in the phone company’s computers somewhere for billing purposes. If it does not exist then the truth of Bala’s first SD is doubtful…. now if only someone can get a legitimate copy of those records!!!
#14 by passerby on Tuesday, 8 July 2008 - 2:16 am
Whatever it is whether he and his family have disappeared or C4ed, this is his S.D. 3 that S.D. 2 was given under duress.
#15 by pulau_sibu on Tuesday, 8 July 2008 - 9:50 am
I simply post the message here and hope Uncle Lim may put it at the right place.
Why the noise now about US concern with Anwar sodomy accusation? US has made clear its position about Anwar to Syed Hamid in 2002. According to US, anwar was a political prisoner and the trial was flawed!
Please read.
http://www.state.gov/secretary/former/powell/remarks/2002/12275.htm
Press Briefing With Foreign Minister Datuk Seri Syed Hamid Albar of Malaysia
Secretary Colin L. Powell
Kuala Lumpur, Malaysia
July 30, 2002
FOREIGN MINISTER HAMID: Thank you very much and I am sorry to keep you waiting. I really appreciate Secretary Powell visiting Malaysia and I think that it has been a very useful visit. We have always looked forward to the visit of the Secretary of State to Malaysia. He has had a good discussion with the Prime Minister, the Deputy Prime Minister, and myself. We covered areas of bilateral interest, regional as well as international interest. All and all, we think that the discussion has been constructive. We were very frank. We were able to exchange views that will deepen and strengthen further bilateral relations. The U.S. is an important partner in the development of ASEAN and Southeast Asia as a whole.
SECRETARY POWELL: Thank you very much, Mr. Minister and I thank you and the Prime Minister and Deputy Prime Minister for the hospitality that you extended to me and my delegation. And I agree with you fully that our conversations were thorough in discussing bilateral issues, regional issues and trade issues and a number of other issues that we have in common.
I have been looking forward to this visit for a long time and am pleased that I was able to stop here on the way to the ASEAN Regional Forum Meeting and I look forward to a subsequent visit here to spend more time and see more of the country. We are sorry that we kept you waiting and in the interest of time we will go right to questions.
FOREIGN MINISTER HAMID: Yes, please.
QUESTION: Mr. Secretary, have you yet made a decision on whether you will meet your North Korean counterpart in Brunei? And Minister Hamid, did the United States ask anything of you specifically or offer you anything specifically to increase your cooperation in the war on terrorism? And did they ask for the extradition of anyone you have in detention?
SECRETARY POWELL: I haven’t made a decision yet with respect to my North Korean colleague. We’ll make a judgment on that after I get to Brunei.
FOREIGN MINISTER HAMID: On the question of terrorism, I think this is one area where we have worked effectively and strongly with the U.S. and we are very happy with that relationship. And now we are looking at the specific areas of working together. I would not discuss what it is as yet, but we are looking forward to having something substantive between the U.S. and Malaysia where we can cover the region and where it will be a forum for discussion and for exchange of views, and I think it is very useful.
With respect to the extradition, we have agreed with the US that whatever – if they need for evidential purposes anyone in Malaysia, whom they need to interview or they need to discuss, they can go through the normal channels that we opened between ourselves and the US for this purpose.
QUESTION: Did your discussion with the Secretary this morning also touch on the Middle East issue? Would you like to share with us?
SECRETARY POWELL: Yes, we did discuss the Middle East in all three meetings, and I described to them President Bush’s vision as contained in his 24 June speech and his commitment to bringing into being a Palestinian state, hopefully within three years, living side by side in peace with Israel.
I described to my colleagues the efforts we have underway with respect to security transformation within the Palestinian community, with respect to our efforts to improve the humanitarian situation within the towns and villages of the occupied territories.
And I wanted to make sure they knew that the United States intended to remain fully engaged until the President’s goals for all the peoples in the region, for these two nations to live side-by-side in peace (inaudible) peace comes to a reality.
FOREIGN MINISTER HAMID: In our case, we always believe that the United States has got the biggest role to play in order to realize the hope of seeing a peaceful Middle East. I think the Middle East conflict was going to be resolved and I think the explanation and the information and the discussion that we had with Secretary Powell was most useful and productive and we are very glad to know that the United States remains fully engaged to see a peaceful resolution in the Middle East.
QUESTION: Mr. Secretary, I was wondering if you had discussed human rights issues and particularly with respect to the treatment of detainees who were being held without trial in Malaysia who are suspected of having ties to terrorist groups? And Mr. Foreign Minister, I wonder if you could comment on whether you see any difference between those detainees and the detainees the United States is holding at Guantanamo Bay?
SECRETARY POWELL: We did discuss human rights in each meeting in the context of our counter terrorism efforts. I made the point to all my interlocutors that we still believe strongly in human rights and that everything we do has to be consistent with universal standards of human rights. We talked about the ISA which the Malaysians have used for purposes I am sure that Minister would be better able to explain. And I also touched on the case of Mr. Anwar Ibrahim in my meeting with the Foreign Minister.
FOREIGN MINISTER HAMID: I think Malaysia places a lot of important to human rights. But I think in so far as exercising the universal standards of human rights at the same time looking at the national interests from the national perspective, we explained that we have never used the ISA for purposes of frustrating our political opponents. But it is used for purposes of ensuring that the peace and the stability of the country is protected. If anybody takes an action which will jeopardize our security, then we have to take action.
I think this type of exchanges and creating understanding is very good for us. With the United States’ position, we have got certain position that we hold. I think that it has been very friendly, we have reassured him that we believe in human rights, we believe in the rule of law, we believe in the independence of the judiciary but there may be differences at the end of it when those things are implemented on the ground. I think overall, we have no problem between ourselves in explaining the whole point of view. I think that’s all. Just one last question, and then we have to go.
QUESTION: Do you consider Anwar Ibrahim a political prisoner?
SECRETARY POWELL: Yes, as you know, we believe the (trial) was flawed. The Appeals Court has acted on the first charge and that is the end of the process as it is envisioned in the Malaysian law. But we have always felt that the (trial) was flawed, and we had a candid discussion about this matter. One of my associates met with his wife this morning as well, to express our interest and concern. Thank you.
FOREIGN MINISTER HAMID: Okay, thank you very much. We explained our position and our position should be understood in that way, according to the rule of law and our judicial process. Thank you.
SECRETARY POWELL: Thank you.
Released on July 30, 2002
#16 by pulau_sibu on Tuesday, 8 July 2008 - 9:57 am
Daily Press Briefing
Tom Casey, Deputy Spokesman
Washington, DC
June 30, 2008
http://www.state.gov/r/pa/prs/dpb/2008/jun/106402.htm
QUESTION: Speaking of Asia. I was hoping you might comment on Mr. Anwar’s arrest in Malaysia that Arshad raised this morning.
MR. CASEY: Sure. I did get a chance to look into this a little bit here. And first of all, my understanding is that no formal charges have been filed, though this is an accusation that the police are looking into. The main point for us is that the rule of law needs to stand above politics. And we would certainly oppose any use of law enforcement or judicial procedures for anything other than legitimate purposes of the law. And as I said, Malaysian police are supposed to be investigating this accusation. I think you can talk to them as to the status of that. I would note, of course, that Mr. Ibrahim previously faced charges and, in fact, was convicted on a similar offense a number of years ago and that that conviction ultimately was overturned. So we would hope that there’s not a pattern here. But certainly we would be concerned that anything that is done, be done in a way that is appropriate, that is a legitimate investigation of charges that might exist under Malaysian law and would not be anything that was a politically motivated investigation or prosecution.
#17 by yhsiew on Tuesday, 8 July 2008 - 11:28 am
Bala’s nephews claimed SD1 was prepared 6 months ago.
http://www.malaysia-today.net/index.php?option=com_content&task=view&id=9640&Itemid=1
#18 by al-jajawi on Tuesday, 8 July 2008 - 12:08 pm
I am getting very fed-up with the latest sodomy accusation against Anwar Ibrahim. I would have thought the BN govt has had a good lesson from the 1998 debacle, but apparently they have not learned anything at all. If you guys in BN are so afraid of losing your grip of the Fed Govt to the Pakatan Rakyat led by Anwar, then do something positive to win back the hearts and minds of the rakyat–like cleaning up the judiciary right away withou any more dilly dally, forming the ICPM, investigating Najib Razak’s involvement in the altantuya murder, etc. Najib had asked why he should be investigated since he has been denying the accusation all this while. It’s not enough for NAjib to deny the accusation–he must submit himself for investigation if he is so innocent. He should not be afraid if he is not involved–he has nothing to fear—unless of course he is involved in some way. Is he suppressing evidence? If he is thinking of becoming the PM of Malaysia, he must come clean. Malaysians do not want a criminal to lead the country.
#19 by shortie kiasu on Tuesday, 8 July 2008 - 2:39 pm
This PI by the the name of Balasubramaniam wanted to create a stunt and so that his name can splashed over the news in the press and in the electronic media, so called cheap publicity with no substance, and his lawyers are not advising him intelligently, but instead dancing to his tunes too.
The authority should leave him alone to dance his own monkey dance, and not waste public fund on pursuing him like the children “hide & seek” game.
Just leave him alone to have his monkey acts. Police have more urgent task at hand to ensure public security and order rather that one insane man.
Heresay carries no weight at all. Police should not be misled into chasing the the unreal.
#20 by dapforever on Tuesday, 8 July 2008 - 8:56 pm
i think Bala is already in oversea…he can easily get thru custom/imigresen department with the help of the BN government…high ranking people able to bring them out from this country…BN got $ to do so….IMO.
#21 by undergrad2 on Tuesday, 8 July 2008 - 10:17 pm
Was Bala kidnapped by a team of body snatchers or is he the latest victim of illegal aliens in space ships?? Your guess is as good as mine.
#22 by TTDI_KL on Wednesday, 9 July 2008 - 12:15 am
undergrad2 talking to himself. getting old.
#23 by limkamput on Wednesday, 9 July 2008 - 7:58 am
undergrad2 says “One buttock talking to another – cheek to cheek!”
you are wrong again. it is my buttock to your cheek. you never learn, best of both worlds.
#24 by undergrad2 on Wednesday, 9 July 2008 - 9:11 pm
What could be better than mine to your nose? LOL
#25 by good coolie on Sunday, 13 July 2008 - 6:03 pm
There must have been a matter of national security involved in the murder of Altantuya. No wonder there is so much high profile pulling of wool over everyone’s eyes, the latest being Balasubramaniam’s “volte face”.
Is C-4 related to mee sodom and the positive and negative of a single statutory declaration?
#26 by 7even Sins on Wednesday, 16 July 2008 - 2:31 pm
When SD’s about the murder of Mongolian beauty involving Najis & Roastedmah the police seems not so interested or perhaps “Kecut” to investigate. When someone’s ass is put in the spot light, UMNO & police went yahoooo, franzied, excited and maybe mouth-watery…!!! …Police only bullies those powerless Rakyat which by right they should protect…!