By Clara Chooi
The Malaysian Insider
December 07, 2010

KUALA LUMPUR, Dec 7 — The DAP has demanded a clarification from the Najib administration on its commitment to reopen the infamous Datuk Seri Anwar Ibrahim “black-eye” incident, accusing Cabinet ministers of making contradictory statements.

Party adviser Lim Kit Siang questioned today if Home Minister Datuk Seri Hishammuddin Hussein had usurped the responsibility given to his Cabinet colleague Datuk Seri Mohamed Nazri Aziz to handle the matter by declaring last week that the case was closed.

“Did he just make irrelevant Nazri Aziz’s assurance to Parliament that the Cabinet wants to investigate the new allegations made on the case by speaking with those implicated, including the Attorney-General himself and the former Inspector-General of Police (IGP)?” Lim told The Malaysian Insider today.

The veteran politician was referring to a letter he had received from Hishammuddin on December 2 where the minister denied any discrepancy in the 1998 “black-eye” case involving Anwar and declared that there was no need to reopen investigations despite fresh allegations of evidence fabrication made by a former investigating officer.

Hishammuddin, writing in response to Lim’s questions on the matter during the debate in Parliament on the ministry’s 2011 budget earlier, also told the Ipoh Timor MP that the police had completed their checks on the old investigation and had found no reason to suggest that false evidence had been given.

Lim had raised in Parliament the issue of former KL CID chief Datuk Mat Zain Ibrahim, the investigating officer in Anwar’s assault case, who had revealed in an open letter to the new IGP Tan Sri Ismail Omar on October 8 that he had new information on the “black-eye incident” which implicated A-G Tan Sri Abdul Gani Patail and former IGP Tan Sri Musa Hassan.

Following Mat Zain’s revelations, the Najib administration had instructed two Cabinet ministers — Nazri and Datuk Seri Utama Dr Rais Yatim — to question Abdul Gani on the matter.

Nazri, a minister in the Prime Minister’s Department, told The Malaysian Insider two weeks ago that the Cabinet wanted to hear an explanation from the country’s top lawyer before taking any action on the matter.

But Hishammuddin’s intervention on the issue has now cast doubt on the government’s stand on the matter, raising questions on whether the administration had already brushed it aside.

In his letter to Lim, the minister had insisted that that despite Mat Zain’s allegations, the former police officer’s open letter had not contained any elements of incitement, defamation, criminal intimidation and was not vulgar to trigger any police investigation.

Lim piled pressure on the government however today and urged Nazri to respond quickly on the matter.

“If he (Nazri) had indeed been instructed to enquire into the matter by meeting with the A-G and the former IGP, then why was there such a reply from the home minister?

“There is a need for a clarification from Nazri as to whether these Cabinet ministers know what they are talking about,” he said.

Lim added that Hishammuddin’s nonchalance on the issue showed the minister’s disinterest and his intention to brush the case aside.

“He has avoided the serious allegations made that there was a fabrication of evidence.

“In his letter to me, he did not refer to the course of the proceedings and he only spoke about the conviction of (former IGP Tan Sri) Rahim Noor. What about the intervening course of events?

“Hishammuddin had averted them,” he said.

In his letter, Hishammuddin had pointed out to Lim that Rahim’s persecution in the case had been just and based on proof uncovered during the investigation.

“He was charged in court under section 323 of the Penal Code and he had pleaded guilty to the charge,” he wrote.

Lim flayed the minister for clearly avoiding the actual issue at hand and urged the government to show its commitment to settling the issue once and for all.

“Will they reopen investigations? It will have a great bearing on public confidence.

“It is not just about professionalism, it is about showing your commitment to the criminal justice system,” he said.

Lim added that irregardless of whether Mat Zain’s revelations were true, the government had to take action.

“An independent commission has to be set up to get to the bottom of the allegations.

“If it is a case of Mat Zain committing perjury, then action still has to be taken. But if his allegations are true, then, similarly, action must be taken against those implicated,” he said.

In his letter to Lim, Hishammuddin had also claimed that the country’s criminal justice system had not gone “topsy-turvy” as a result of the “black-eye incident” as claimed by the veteran politician.

“The principle of separation of powers allows the police to carry out their duty to investigate crime while the A-G’s Chambers is responsible to persecute criminals and the court’s function is to provide a space to hear and discuss these trials,” he said.

Hishammuddin claimed that all three arms of the government played their respective roles to ensure there were no disruptions in the country’s criminal justice system.

The Sembrong MP also pointed out to Lim that to date, no police reports had been lodged on Mat Zain’s open letter, which has been spread across the Internet.

In his open letter on October 8, Mat Zain had claimed that an independent panel that cleared Abdul Gani and Musa of fabricating evidence in the incident was unconstitutional and accused the country’s top lawyer of deceiving the Cabinet over the independent panel.

He said there was no need for any royal commission of inquiry on the matter as the police were capable of resolving the case themselves.

Mat Zain also revealed that there had been an agreement between Rahim, former Deputy IGP Tan Sri Norian Mai as well as Mat Zain on October 8, 1998 at 2.30pm that there would be “complete closure” to the black-eye case.

“It is important that I note that Rahim Noor was ready to take full responsibility in the black-eye incident, and his decision was made of his own accord,” said Mat Zain.

“The closure of the case had been agreed to be done professionally, above board.”

Mat Zain said that Rahim was prepared to step down after the closure of the black-eye incident.
“But I found out that about 5pm to 5.30pm on the same day, Allahyarham (the late) Tan Sri Mohtar Abdullah, along with the then-Datuk Abdul Gani Patail (now Tan Sri), had met with Rahim Noor at his office. At 6pm, I was then told by Tan Sri Norian to ‘continue investigations like normal’.

“I then understood that the agreement that we had reached mere hours ago had been cancelled. I was shocked and upset, but who was I to say anything at the time,” said Mat Zain.

The former policeman also accused Abdul Gani of falsifying testimonies relating to the black-eye incident.

He said the longer the case remained unresolved, the longer innocent officers would be accused of being involved in a cover-up of the case.

In July 2008, Anwar 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.

Rahim, the IGP in 1998, had admitted he assaulted Anwar following a royal commission of inquiry probe in 1999.

He has since been convicted of the crime and sentenced to two months’ jail and a fine of RM2,000. Rahim has completed his sentence.