By Aidila Razak | Malaysiakini
The Malaysian Anti-Corruption Commission (MACC) will not record the statement of private investigator P Balasubramaniam in London after all.
Instead, it will submit questions to his lawyers and request that the witness responds in the form of an affidavit, MACC deputy commissioner Mohd Shukri Abdull told a press conference today.
“We will write to the witness’ lawyers tomorrow to inform them of the decision, and to submit the questions,” he said.
He said that the decision was made upon advice from the attorney-general’s chambers, after considering the Eric Chia case where a witness statement recorded overseas was not allowed to be tendered as evidence in the corruption trial.
According to MACC Legal and Prosecution Director Abdul Razak Musa, the decision not to record Balasubramaniam’s statement was also influenced by decisions on Thai pathologist Pornthip Rojanasunand’s testimony in the Teoh Beng Hock inquest. “In the Eric Chia case, we even had the statement recorded in the magistrate’s chambers overseas, but it was inadmissible. We don’t want to be wasting our efforts,” he explained.
‘Bala not our enemy’
When asked, he admitted that even the affidavit may not lend much weight to the case if Balasubramaniam (right) does not testify in court.
“According to Section 30(1)(c) of the MACC Act 2009, an affidavit is admissible in court, but the weight of the evidence is questionable if it cannot be cross-examined,” he said.
Shukri said this is why the commission has been pushing for Balasubramaniam to give his statement in Malaysia and to testify in court.
The MACC has recorded the statements of “most of the witnesses” and the private eye’s statement is crucial to the case, he said.
“MACC needs him for our investigations. He is not our enemy and neither are we his. We expect that we will have to record statements from more witnesses based on his affidavit.”
Asked why it has taken so long for the commission to decide on how to deal with Balasubramaniam’s interview, Shukri said, “It is better that we do things slowly, if it means the efforts of all parties will not be wasted.”
The MACC had originally agreed to record the statement at the Holiday Villa in London from July 5-7.
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MACC cancels PI Bala’s London interview By Neville Spykerman | The Malaysian Insider June 30, 2010
PUTRAJAYA, June 30 – The Malaysian Anti-Corruption Commission (MACC) today called off plans to interview P.Balasubramaniam in London next week over his claims of a conspiracy in the murder of Mongolian Altantuya Shaariibuu.
Instead they are opting to pose questions to the private investigator and allow him to respond via an affidavit.
MACC Deputy Chief Commissioner Datuk Mohd Shukri Abdull said they were advised by the Attorney-General’s Chambers against interviewing the private investigator in London.
“We have been advised against it because there are legal implications” he said.
MACC officers were scheduled to interview him in London between July 5 and July 7.
Shukri said all of the other witnesses in the case had been interviewed except for him.
He pointed out that Balasubramaniam was their main witness.
“He is not our enemy. Without him we cannot complete our investigations,” said Shukri.
He said they will inform his lawyers officially tomorrow.
Shukri also pointed out that Balasubramanium had previously indicated his willingness to testify in court.
He said it would be better for him to return to Malaysia to help investigations.
MACC Legal Director Datuk Abdul Razak Musa said the validity of Balasubramaniam’s statement would not be recognised by local courts if it was recorded overseas.
He said the precedent was set in the case of Tan Sri Eric Chia, where a statement recorded overseas was not accepted.
Abdul Razak said this was similar to the stand MACC was adopting in the inquest of Teoh Beng Hock.
They maintain pathologist Dr Pornthip Rojanasunand should not be allowed to testifying from Thailand but should return to Malaysia.
Balasubramaniam had linked Prime Minister Datuk Seri Najib Razak to Altantuya in a statutory declaration made on October 27 2008.
But he retracted his claims via another sworn declaration the next day before leaving the country.
Najib has denied knowing Altantuya, who was murdered four years ago.
In October last year, Balasubramaniam emerged from hiding to claim that his first declaration was true and that he was offered RM5million to retract his statement.