What we wish did happen but did not happen
Someone who would like to remain anonymous sent me this piece about what happened recently in the Kota Kinabalu Sessions Court. Of course, this is a mere figment of the writer’s imagination, whoever that writer may be, and any similarities or resemblance to any person or persons dead, still alive, or are better off dead than alive, is purely coincidental.
NO HOLDS BARRED
Raja Petra Kamarudin
WHAT THE PRESS DID NOT REPORT
Cross-Examination of IGP On 25/6/2009
For the first time in the history of the PDRM and court proceedings, the IGP PDRM, Tan Sri Musa Hassan, gave evidence against the former Director of Commercial Crime Investigation Dept (CCID), Dato Ramli Yusuff, in a trial in the Kota Kinabalu Sessions Court. The Judge is Puan Supang Lian, the DPP Is Kevin Morais (KM), the lead Defence Counsel is Dato Shafie Abdullah assisted by his junior Badrul and a Sabah counsel, James Tsai (JT). This is an account of what the press did not report.
Judge: Are parties ready to continue with the trial?
KM: Prosecution is ready with its most important witness, the IGP, Tan Sri Musa Hassan.
Badrul: Dato’ Shafie is not in court today, but we are ready to proceed.
Judge: Why is lead counsel not present when the most important witness is giving evidence? Isn’t that the point for admitting Dato Shafie to the Sabah Bar for this case. Anyway no adjournment, Mr James Tsai our Sabah counsel can conduct the case. Please proceed.
IGP wink to KM. Prosecution proceeds to conduct examination in chief. IGP contradicts all his other Directors who had previously given evidence. JT did not ask to reserve cross as was previously done for Dato Shafie.
Cross examination by JT
Q1: You are the 75th witness in this case?
IGP: I am. But please note what the DPP and Judge said, I am the most important witness because I am the IGP PDRM, the highest ranking police officer to give evidence for this case.
Q2: You would be aware that prior to you, there were already the following witnesses:- (a) 33 Police Officers; (b) 26 Government Civil Servants; (c) 15 civilians. A total of 74 witnesses?
IGP: That may be so. But obviously you did not hear the DPP and the Judge. I am the most important witness.
Q3: Why so many witnesses?
IGP: DPP Kevin Morais likes to have many witnesses. The more the merrier… I mean better. It shows the importance of the case.
Q4: But this is just a case about abuse of power in using a police aircraft, yet the number of witnesses is more than a murder case? Is that a good prosecution technique?
IGP: You see, we have no time constraints since we only interviewed all these witnesses after we have charged Ramli. Also, we must spare no effort to secure a conviction especially since one witness after another did not help prove the case, we just add on more witnesses until we get the witnesses who will say what we want them to say. If they still do not comply, we charge them like what we did to Dato’ Gen Yassin. Although he is a former army general, we still charge him. In that way all other witnesses will co-operate. Also the judge will get tired and relent. Yes, in that sense it is a good prosecution technique.
Q5: So your presence in court is to secure Ramli’s conviction?
IGP: Of course! As the most important witness, it is my duty to finish of what we started.
Q6: And what did you start?
IGP: Obviously you Sabah lawyers are ignorant of current affairs. We started with the newspapers getting the public excited about the RM 27 million Cop. Ramli then fell into our trap to make that Press Statement. So A-G Gani Patail and I told our PM that this is not good for the country. Also, we needed to boost the image of the ACA, which will be re-branded as the MACCA, so we need to have these road shows to boost public confidence.
Q7: Boost public confidence?
IGP: Yes, because that blogger RPK has been writing about rising crime and corruption and linking it to Putrajaya. That is no good for the country and makes us less competitive than Singapore. You see RPK is a Singapore agent echoing what Lee Kwan Yew has been saying about crimes in Johor when I was CPO and in the whole of Malaysia when I became IGP. Also at that time, we were just about to legitimise the Alongs aligned to us to be licensed moneylenders to boost the economy. Public confidence is very important to attract FDI.
Q8: But what has Ramli’s Press Statement got to do with the charge against him?
IGP: (murmured – not a very smart lawyer, that’s why we have him and not Shafie today). You see, we need to keep him busy defending himself until people forget him and he retires. We already charged Ramli in KL but those charges are a bit difficult to prove. Using aircraft is easier to prove because all top government officers and politicians do that.
Q9: So Ramli was charged for being the RM 27 million Cop?
IGP: We cannot find that money, so we charged him for owning some shares and properties. All in all we managed to make it look close to RM 1 miilion.
Q10: You mentioned Ramli’s Press Statement, didn’t he complain about his lawyer also being arrested?
IGP: That lawyer was guilty by association. He was Ramli’s classmate since university and tried to defend Ramli when we were going after Ramli. So he deserved what he got for interfering in government affairs.
Q11: But Isn’t Ramli’s Press Statement about the release of a criminal who had previous history of RR, Goh Cheng Poh @ Tongku?
IGP: Yes, but that man has turned over a new leaf. If you follow my press interview, I already stated that he has repented and is a legitimate businessman. He was co-operating with me as IGP. I ordered the release of other people from his syndicate as we were planning a corporatisation and J-V project. You see, we in PDRM must help the reform process to make them become legitimate. Even the ACA cleared him. But the Deputy Minister of Home Security kacau daun. He had other ideas and made use of Ramli.
Q12: You mean Dato’ Johari Baharom?
IGP: I didn’t mention his name, you did. Anyway, he is also now scared of me. He tried to fix me but he didn’t know my J-V included the A-G and the ACA. Now only he knows his fate. Tun M hates him, Tun B also sidelined him. Where is he now, taking care of some fruit farms? I am still the IGP with my good friend Gani Patail as the A-G.
Q13: So it is true when RPK reported about a turf war?
IGP: You don’t believe that fella, he only states the obvious.
Q14: But it wasn’t just Ramli who got into trouble over the Goh Cheng Poh @ Tongku matter?
IGP: Ya lah, some small rank and file officers also tried to implicate me by digging my connection with Goh Cheng Poh and reported it to Ramli.
Q15: And what happened to them?
IGP: They are insignificant. So we suspended and charged them.
Q16: For collating intelligence report?
IGP: They are not so intelligent lah! If they were, they won’t dig further or report to Ramli who then reported to Johari. So now all of them are in trouble.
Q17: And what happened to Goh Cheng Poh?
IGP: Ah… that one easy. A-G did not contest his case and so he is released.
Q18: Isn’t that dangerous, the policemen get charged and the criminal is released?
IGP: Obviously you are not sophisticated to understand these things. After we legitimise them and the Ministry of Housing and Local Government issue them Moneylenders License, this help generate borrowing activities which is part of economic growth. The loan defaulters can also be dealt directly by the Along because they are now licensed. So Michael Chong also cannot have basis to complain (any way Michael Chong is also now with us). We also advise the Along not to go public in collecting their debts. It was supposed to be a good idea when the Along set up their own prison to detain these defaulters until their family pay their debts. But then the TV station misunderstood this objective and showed the two men in chains. Trust me, that is not a true reflection of the corporatisation project. If everybody understands the real concept, crime index can be kept low. Judge, is this relevant? Can we move to something more relevant to Ramli’s case.
Q19: Ok. You would be the 1st IGP to give evidence against his own Director?
IGP: Yes. That shows my sense of responsibility. I will give evidence against anyone who is a security threat.
Q20: You consider Ramli as a threat?
IGP: Of course! I know him very well. I served as his direct subordinate for 6 years.
Q21: You mean he was more senior than you?
IGP: You Sabah lawyers don’t do your research very well. I not only served under him for 6 years, I also got two promotions recommended by him.
Q22: in that sense, Ramli did not consider you as a threat?
IGP: Well, that shows he is arrogant and naive. He never thought I could outrank him just because he has more experience in crime work and he has a law degree.
Q23: But it was also reported that you have a law degree?
IGP: I never said that. All I said in the press was that I am a law graduate. You see, I graduated from the Kuala Kubu Baru Police College with a police law diploma. That makes me a law graduate. You don’t need to have a university degree to be able to conclude that. That is the problem with so many people in PDRM with university degree, including my DIGP Tan SrI Ismail Omar. He thinks he is more qualified than me. What he didn’t know is that I have already informed my Minister Dato’ Hishammuddin who is close to the PM, who is his cousin, that Ismail is not ready to be IGP. So I will be extended for another 1+1 year. This will be announced very soon. Also, don’t forget that my father is a very popular Qur’an teacher, he just got a Tan Sri. So, I also have moral credentials to reform the Police Force.
Q24: So unlike your predecessor IGPs Tan Sri Bakri, Tan Sri Norian Mai, Tan Sri Rahim Noor and Tun Haniff Omar, who are all university degree holders, you do not have a university degree?
IGP: That’s what that makes me more special than any of them. For the first time in 25 years, PDRM has an IGP without a university qualification. This gives hope to others less qualified in PDRM. Actually, PDRM does not need all these ivory tower qualification. After all the Police Motto is Setia Berkhidmat. Loyalty is most important. Loyalty is what counts.
Q25: You have shown your loyalty?
IGP: I have proven this during the Dato Seri Anwar Ibrahim cases (DSAI). That also shows my experience as a Police IO where we can secure a conviction.
Q26: How is that?
IGP: That was a difficult case. We found out that Ramli gave medical attention to DSAI after Tan Sri Rahim punched him. Ramli was then Deputy Director CID and I was his subordinate. That makes him disloyal. So, I managed to bypass him during the investigations and worked closely with Gani Patail. That was the break we needed to from a strong case by full co-operation between Police and A-G Chambers.
Q27: But in that case, as IO, isn’t it true you failed to ascertain that Tivoli Villas was not in existence. That was why the charge was amended several times because the charge stated that the sodomy occurred at that place when it was not even in existence?
IGP: That’s a small matter. Gani Patail is a very good prosecutor, so we just amended the charge and did other things as well. What matters is we eventually secured a conviction, just as we will in this case.
Q29: The DSAI case made you famous and proved your competence as IO?
IGP: Some are people are jealous lah and said I became famous because of the mattress that I carried and displayed daily in court. That’s just their view.
Q30: But the evidence on the mattress was thrown out?
IGP: That’s also another small matter. The main thing is we secured a conviction. Why do you raise such petty things?
Q31: But wasn’t the conviction overturned on appeal?
IGP: That’s not relevant. The objective has been achieved.
Q32: But DSAI has now filed an affidavit to say that you and A-G Gani Patail fabricated evidence?
IGP: Anwar is a politician!
Q33: But it is not just DSAI who said that. Dato Mat Zain, the former OCCI KL who investigated the black eye incident also said you fabricated evidence, and he is not a politician?
IGP: Mat Zain is not important. He has been discredited when we announced his bankruptcy recently. You see these people are failures. So they are obviously jealous of other people’s success. The point is after the DSAI conviction, I rose to be IGP and Gani Patail became A-G. That shows our loyalty and ability to protect government matters.
Q34: As you are now IGP and Gani Patail is A-G, DSAI is again facing another sodomy case. Does that not show a pattern of conspiracy?
IGP: What pattern?! The only pattern is Anwar’s own inclination. You have to blame him for continuing with his behaviour.
Q35: But DSAI say all the evidence was fabricated against him?
IGP: Get your facts right. I was cleared by the ACA in both the Goh Cheng Poh’s case and also the DSAI case.
Q36: Ok. Let’s come to you and Goh Cheng Poh being cleared by the ACA. is it not true that the ACA IO who investigated that case and the allegations of corruption against you is one ACA officer called Sok One a/l Esen?
IGP: So?
Q37: Is it not true that Sok One a/l Esen also filed an affidavit to support Goh Cheng Poh’s affidavit against the policemen who implicated you in that corruption allegation?
IGP: Sok One is a good ACA officer and will do what it takes to achieve the objective.
Q38: Isn’t it also true that in the Goh Cheng Poh’s case, the A-G did not want to assist the CCID officers to prepare their affidavits?
IGP: That one you ask the A-G lah. Very basic law man, you don’t ask me such questions. Under the Federal Constitution – Art. 145, yes that’s the provision we learn at KKB College, it’s the A-G’s prerogative to defend who he likes and prosecute those he doesn’t like.
Q39: Alright. The court transcript shows that this ACA Officer Sok One a/l Esen is the same officer who lodged the report in this case against DRY?
IGP: Really? Why would the court transcript say that ?
Q40: Sok One a/l Esen is also the same officer who physically abused and arrested DRY’s lawyer, En Rosli Dahlan who was at that time the private lawyer assisting CCID in preparing their affidavits?
IGP: That one served him right. That man thinks he is a lawyer from a big firm, we cannot touch him. See what we did! We took him from his office in handcuffs, kept him one night and charged him one day just before Hari Raya Puasa. All the papers reported it. Padan muka dia! Judge, again counsel is asking irrelevant questions. He should stick to Ramli’s case.
Q41: Ok. Do you know ASP Chew Kam Soon?
IGP: Yes, he is Tatatertib Offcer PDRM. What about him?
Q42: Are you aware that one of the blogs showed a Statutory Declaration by ASP Hong Kin Hock (G/10990), one time with the Cawangan Operasi/Bantuan Teknik Jabatan Siasatan Jenayah Komersial (JSJK), who said that ASP Chew Kam Soon brought him to your house?
IGP: Must be that RPK blog. Not worth answering all the untruths.
Q43: ASP Hong Kin Hock also said that you were upset about the investigations conducted by CCID against Goh Cheng Poh @ Tongku. Is that true?
IGP: Who wouldn’t be upset? I was doing a good project for the PDRM and the country and the CCID want to poke their nose.
Q44: Did you give ASP Chew Kam Soon a promotion?
IGP: Well he is a loyal officer, so I gave him a promotion to DSP or Supt I think. What is wrong giving promotion to a Chinese? I am not racist!
Q45: Was that a reward for doing your biddings?
IGP: What is bidding? I only ask him to carry out orders and for that, as IGP, I can promote anyone I like.
Q46: So you did ask him to see a village headman of Kampong Lok Buani in Sabah, named Roslan Bin Abdul Hamid?
IGP: How do you know that?
Q47: According to the court transcript, ASP Chew Kam Soon came all the way from Bukit Aman KL to an interior village in Lok Buani Sabah to see Roslan and to “kirim salam” for you? Why would Chew do that?
IGP: What’s wrong with that? There is nothing wrong to just kirim salam kosong through a Chinese? PM has said 1MaIaysia, so I am just practising that.
Q48: Or was that “salam berisi”, because the court transcript also shows that after ASP Chew Kam Soon visited Roslan Bin Abdul Hamid, a long complaint letter was sent by Roslan to the ACA against Ramli. Do you admit that you orchestrated the letter of complaint against Ramli?
IGP: Alamak, why all these come out? DPP Kevin please object.
Q49: Roslan also said that he had made a phone call to the ACA. Would you say that it was so coincidental that the ACA Officer who took the call from Roslan is the same Sok One a/l Esen?
IGP: Ya lah, its just a coincidence.
Q50: The ACA report against Ramli was also filed by the same Sok One a/l Esen. Is that another coincidence?
IGP: If takdir like that, what can I do?
Q51: Is it also takdir that it was Sok One who inserted Ramli’s name in the report although Roslan did not mention Ramli’s name when he made a report to the ACA?
IGP: Really, the court transcripts state that?
Q52: Yes. The transcript also showed that Roslan testified that the words in the ACA report were largely not his. As far as the CPC is concerned and as IGP, would you agree it was wrong for Sok One to change or add Roslan’s words in the final report lodged with the ACA?
IGP: If he did that, then he is not so smart lah. They told me he is the best ACA officer for these sort of things. He is Siam you know.
Q53: One more question. In your examination in chief by the DPP, you kept referring to two the civilians. Are you aware that the charge has been amended to delete all reference to the two civilians?
IGP: Really? This is not very good co-ordination by ACA DPP. I will ask A-G Gani to amend the charge again and now include them back into the charge since my evidence today is very good about these two civilians. Amending charge is not a problem. We amended Anwar’s charges several times and still get conviction.
Q54 : But the pilots also said that they never flew over the land or conducted survey over any land?
IGP: That one also no problem, DPP Kevin will also amend charge to state “in the vicinity of the land”. That should be sufficient to convict Ramli.
Q55: I am instructed to put it to you that you orchestrated the whole ACA investigations against Ramli. I am also instructed that you have abused your powers by using the Polis Tatatertib, your connections with the ACA and the A-G to frame DRY so that he can be suspended to prevent investigations into your involvement with the crime syndicates.
IGP: DPP Kevin please object! Lawyers must behave professionally, not mimic RPK’s blogs.
