Mat Zain insists A-G interferred in ‘black-eye case’

By Clara Chooi
The Malaysian Insider
December 10, 2010

KUALA LUMPUR, Dec 10 — A former investigating officer stood by his recent allegations that Tan Sri Abdul Gani Patail had fabricated evidence during the infamous 1998 “black-eye incident” involving Datuk Seri Anwar Ibrahim, and warned he would continue to speak up.

Datuk Mat Zain Ibrahim, who was the investigating officer in the case involving the assault of Datuk Seri Anwar Ibrahim in police custody, made his second appeal in another open letter to Inspector-General of Police Tan Sri Ismail Omar today, calling for the 12-year-old case to be reopened.

“I leave it to your discretion, Tan Sri, to make the best decision on behalf of the Royal Malaysian Police (RMP); one that is fair to all parties.

“However I also protect my right to proceed or stop right now, my correspondence pertaining to this issue or to any other issue related to it,” he wrote.

The former KL CID chief said the Home Ministry’s declaration last week that the “black-eye” case would remain closed clearly showed the government’s intention to protect “certain individuals”.

Home Minister Datuk Seri Hishammuddin Hussein had told DAP MP Lim Kit Siang last Monday that there was no need to reopen the “black-eye” case as the police had no reason to believe that false evidence had been given during the investigation.

“The RMP has conducted checks on the investigation involving Datuk Seri Anwar Ibrahim in the ‘black-eye case’ in 1998. There was nothing to indicate the occurrence of false evidence in the investigation,” Hishammuddin had written in a letter to the parliamentarian.

“I apologise because I have to state my opinion here that the current stand of the police in preparing Hishammuddin’s answer is vastly different from its stand when it was handling the investigation in 1998.

“Its stand this time looks intended to protect certain individuals,” Mat Zain said.

He warned that failure to investigate his allegations against the A-G would lead the police force, yet again, to the “brink of collapse”.

Anwar’s “black-eye” incident had done considerable damage to the public’s perception on the credibility of the police force and the Tun Dr Mahathir Mohamad administration in 1998, earning the former deputy prime minister much local and foreign sympathy.

“I am sure Tan Sri still remembers how a one-page letter dated September 21, 1953 signed by an acting State Secretary had become one of the main reasons that led to the contamination of Malaysia’s dignity and sovereignty when we were forced to surrender Pulau Batu Putih (Pedra Branca) to Singapore.

“Imagine what the falsification of 65 pages of a document, on the orders of the country’s lawyers, could do to the country’s criminal justice system,” Mat Zain pointed out.

He questioned if the Home Ministry’s response had been prepared in such a manner due to missing documents in the case’s investigation report, which he claimed had been deliberately lost.

“During the investigation, several important documents were lost while in the hands of the A-G and we had to replace them with duplicate copies.

“The entire investigation paper had even temporarily disappeared for about three weeks between October 30 and November 20, 1998, like what I explained in my first letter.

“So it is no wonder if there were limitations in the contents of the investigation report because they were hidden for a long time in the A-G’s Chambers,” he claimed.

Mat Zain continued to question how and where three allegedly “falsified” medical reports, prepared by Dr Abdul Rahman Yusof, could have gone missing when two of the three documents had been used in the royal commission of inquiry probe in 1999.

“These reports were not just one or two pages, which can be overlooked. All three reports were 65 pages in total.

“I am sure Tan Sri is an expert on case laws regarding falsification and how every case of falsification is done deliberately. There is no occurrence of a fabrication this large to have not been done deliberately.

“I would like to stress that the falsification of all three reports was done through careful planning, preparation and a deliberate intention to fulfil clear motives. My diary on the investigation and my minutes can help identify the events of these falsifications,” he said.

Mat Zain related that in the commission’s proceedings between February 22 and March 4, 1999, both Abdul Gani and the late former A-G Tan Sri Mohtar Abdullah had separately told Dr Rahman to prepare the first two allegedly falsified medical reports.

“I found out that the findings in the commission’s proceedings had caused Mohtar to panic. He had not known that Abdul Gani had already told Dr Rahman to prepare a report earlier. He was also not aware of Dr Rahman’s background and it is likely that if he would not have appointed him to prepare the report if he had known that Abdul Gani had already done so because any event of falsification can be easily be traced.

“I was later told that Abdul Gani tried to correct the situation. What I can verify for certain is that Dr Rahman himself requested, even begged, my assistants to seek my co-operation to include a third report to neutralise the first two, which I refused,” he claimed.

However, Mat Zain added, when the commission’s findings were printed and presented to the Yang di-Pertuan Agong and later declared a public document, it was found that only the second medical report had been included in the document.

“To be fair to Abdul Gani, I do not have information to say that he had a hand in making sure the first report was not included in the final document but I would not be shocked if he was indeed involved because he has a personal stake in it.

“What is worrying here is that if even the royal commission of inquiry’s report can be manipulated, just imagine what can be done to investigation records involving common citizens,” he said.

Mat Zain hoped IGP Ismail would take another look at the case and reminded him that no one had the power to indemnify any individual from criminal liability.

“It is important to look at the fabrications that occurred in the investigation of the ‘black-eye’ case and in all other cases related to it, to identify who the main players are.

“The evidence, whether direct or circumstantial, has been very clear,” he said.

Putrajaya is expected to decide on Monday whether Mat Zain’s revelations would warrant a second round of investigations.

In July 2008, Anwar had filed a police report accusing Abdul Gani, Mat Zain, Musa (then a senior investigation officer in 1998) and Dr Rahman of falsifying a medical report on his black-eye case.

Tan Sri Rahim Noor, the IGP in 1998, had taken the fall for the incident and had admitted he assaulted Anwar following the 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

  1. #1 by ENDANGERED HORNBILL on Friday, 10 December 2010 - 4:54 pm

    Mat Zain,

    You are a true Malaysian patriot.

    Thank you for doing what a man has got to do.

    Justice must be upheld though the heavens fall.

  2. #2 by HJ Angus on Friday, 10 December 2010 - 5:25 pm

    Remember the famous words from one of Shakespeare’s plays?
    Macbeth if I remember …..
    “Murder will out…”

  3. #3 by yhsiew on Friday, 10 December 2010 - 6:54 pm

    ///Home Minister Datuk Seri Hishammuddin Hussein had told DAP MP Lim Kit Siang last Monday that there was no need to reopen the “black-eye” case as the police had no reason to believe that false evidence had been given during the investigation.///

    The more UMNO tries to hide, the more it becomes devilish!

  4. #4 by HJ Angus on Friday, 10 December 2010 - 7:00 pm

    it can be inferred that a few top officials were involved in the conspiracy and the Home Minister does not know how to minimise or manage the damage – Now just “buat bodoh” is the best option.
    I guess when PR gets to Putrajaya, this will be one of the cases to nail those who have abused the system.

  5. #5 by tak tahan on Friday, 10 December 2010 - 9:11 pm

    Terror lah these mafias alike TSGP and goons..Italian top mafias will salute them from the time of the exposed incident.I thought we only have buffoons around umnoputras but..also scary mafia ooh.What else to bolehland?

  6. #6 by waterfrontcoolie on Saturday, 11 December 2010 - 12:08 am

    BN will only act when they could find no way out of a situation. The ongoing explanation on Toyol is already too late! Many Malaysians already have one idea. If this is dragged longer, the same conclusion will be made. It seems the decision has been made in Heaven! The outcome is imminent!

  7. #7 by johnnypok on Saturday, 11 December 2010 - 1:44 am

    God must be crazy to allow this kind of thing to happen.

  8. #8 by Taxidriver on Saturday, 11 December 2010 - 2:03 am

    The A-G acted on instruction from someone who had a long nose and wears a sinister grin on his face. Nobody in UMNOB dares to offend him. We may consider the ‘black-eye’ case closed.

  9. #9 by Taxidriver on Saturday, 11 December 2010 - 2:10 am

    UMNOB can abuse their power to close Anwar’s ‘black-eye’ case, but they cannot close the rakyat’ mind. It will make us more determined to seek justice for Anwar by voting BN out of Putrajaya.

  10. #10 by Cinapek on Saturday, 11 December 2010 - 10:01 am

    Hishamuddin’s reply was not unexpected. It is just another in a long line of BN/UMNO cover ups. With GE13 just round the corner he has to say something to contain the damage.

    Just like the Toyo case. the PM can deny until he is blue in the face that it is not a gimmick. They know full well they have to do something about the blatant abuses of Toyo while he was in office before his excesses becomes useful issues for PR to whack the Govt with during the GE. With the rakyat baying for his blood, they compromise by charging him with a weak charge of “land fraud” to show the public that the Govt is going after the big fish yet giving him a chance to get off easy.

    I am no legal eagle but I fail to see how they can make the charge stick if someone wants to sell his land to Toyo at a loss? Furthermore, to my mind this charge is used because it subtly shows Toyo did not take rakyat’s money but instead the “milder” offence of benefitting from his position for this land deal. Sure it is wrong but he did not fraudulently use the public’s money. Compared to his other abuses such as those Disney trips which are far more serious because they clearly showed he used the public’s money for his own gratification, such charges would force the Govt to reveal more dirty linen and thus harder to cover up.

    This gimmick will serve to help BN to appease the public baying for Toyo’s head and accusations that the Govt practises selective prosecution. At the same time they can use this as ammunation to nullify any PR accusations that the Govt is covering up for Toyo’s wrongdoings and quickly obtain an acquittal for a weak case and close this embarassing issue for good.

  11. #11 by Cinapek on Saturday, 11 December 2010 - 10:26 am

    It is incredible at how thick skin the BN Govt is. Such revelations would have brought down the Govt in any other decent society. Or, at the very least, those accused would have stepped down and a full scale open investigations conducted to investigate such serious charges.

    Mat Zain’s profound observations on the implications:

    “Imagine what the falsification of 65 pages of a document, on the orders of the country’s lawyers, could do to the country’s criminal justice system,”

    The long term damage to the credibility and integrity of the entire justice system will be irreparable and if we wonder why we are losing FDI, look no further.

    Mat Zain is no ordinary policeman and unless someone can prove he has an ax to grind with the Govt, his allegations and revelations must have substance and must be investigated to the fullest to preserve the sanctity and integrity of our judicial system.

    Keeping quiet and hoping it will go away is NOT an option. These allegations must be pursued to a satisfactory conclusion including charging Mat Zain if his allegations are proven to be lies after an open and thorough investigation. If the Govt has nothing to hide, it should not be afraid to proceed. Full clarification in public exonerating the accused would at the same time send a strong message to would-be false accusers that baseless accusations will not be tolerated.

    Our entire judicial system is now at an all time low. This would be another large nail in its coffin, if not the last. I just hope those in a position to do something search their own concience to save this country from further ruin.

  12. #12 by monsterball on Saturday, 11 December 2010 - 11:18 am

    Like Atlantuya’s murder and C4ed…two policemen convicted…but mastermind…protected.
    So ex IGP admitted he assaulted Anwar…went to jail 2 months…case close….and the 65 pages original police reports conveniently gone missing…exactly like Atlantuya’s immigration report….missing.
    Who are the master minds?.
    Mahathir on Anwar’s black eye.
    Loving brother and wife on Mongolian model murder.
    The whole world knows this….but evidences are destroyed….and who destroyed them?
    It is good to keep exposing them…..lest Malaysians easily forget.

  13. #13 by dagen on Saturday, 11 December 2010 - 11:27 am

    Bet Mat Zain truly felt “beh tahan liao”. He did the revelation despite knowing well the backlash umno could unleash. A lot of guts the man has.

    Bravo, mat zain. Bravo!

  14. #14 by Loh on Saturday, 11 December 2010 - 4:20 pm

    dagen :
    Bet Mat Zain truly felt “beh tahan liao”. He did the revelation despite knowing well the backlash umno could unleash. A lot of guts the man has.
    Bravo, mat zain. Bravo!

    He has retired. PDRM was a stooge even with persons of such character around. He was the product of young NEP. From now on, it is the league of TSGP that control, and they uphold Ketuanan Mamak

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