By Clara Chooi
The Malaysian Insider
December 09, 2010

KUALA LUMPUR, Dec 9 — Putrajaya will declare its final decision on Monday whether to reopen Datuk Seri Anwar Ibrahim’s infamous 1998 “black-eye incident” amid allegations of evidence fabrication or close the files on the 12-year-old case for good.

De facto law minister Datuk Seri Mohamed Nazri Aziz told The Malaysian Insider yesterday that he was scheduled to take on the opposition in Parliament next week on the issue, saying that the decision would be “final” and binding.

He explained that an explanation was sought last week from Attorney-General Tan Sri Abdul Gani Patail on recent allegations that he had falsified testimonies in the incident and he was now finalising the details on the issue.

“We will deliver our ministerial stand on it on Monday and that will be the final decision on the matter,” he said, declining to disclose further details.

The minister in the Prime Minister’s Department added that the recent statement made by Home Minister Datuk Seri Hishammuddin Hussein to DAP adviser Lim Kit Siang that the “black-eye” case had been closed was “accurate”.

“Hishammuddin was not wrong in saying that it was closed. The case has been closed for a long time. What happened recently was on the new information that came up. We will answer that next week, just wait and see,” Nazri said.

The minister, along with his fellow Cabinet colleague Datuk Seri Utama Rais Yatim, had been directed by the Cabinet several weeks back to question the A-G on the issue after a former investigating officer revealed fresh information implicating Abdul Gani and former Inspector-General of Police Tan Sri Musa Hassan in the case.

Despite this, Hishammuddin’s declaration last week that the case had been closed had cast doubt on the government’s stand on the matter, raising questions on whether the administration had already decided to brush the issue aside.

The Home Ministry had written a letter to Lim on December 2, denying that there had been any discrepancy in the “black-eye case” involving the fiery opposition leader and declaring that there was no need to reopen investigations despite fresh allegations of evidence fabrication made by the former investigating officer.

Hishammuddin, writing in response to Lim’s questions on the matter during the debate 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 Abdul Gani and Musa.

In his response to Hishammuddin’s statement, Lim had yesterday called on the government to clarify its stand and show its commitment on the matter.

The DAP leader had also said that Hishammuddin’s nonchalance on the issue showed the minister’s disinterest and his intention to brush the case aside.

Lim added that regardless 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 were true, then similarly action must be taken against those implicated,” he said.

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 former IGP Tan Sri Rahim Noor, 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 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’ imprisonment with a fine of RM2,000. Rahim has completed his sentence.