Prosecution falsified affidavits in Sodomy II
By Anwar Ibrahim
1. I have today lodged two separate police reports at Balai Polis Damansara.
2. The first report is in relation to my trial proceedings where I have applied to strike the charge against me on the ground, amongst others, that the prosecution is a result of a mala fide political conspiracy against me.
2.1 In my affidavit in support of my application to strike out the charge, I described in paragraphs 53 to 63 how Tan Sri Gani Patail ( “Gani” ) and Tan Sri Musa Hassan (‘Musa” ) were involved first in the making a false police report by ACP Koh Hong Sun in relation to my arrest under the ISA on 20/21 September 1998, and also how Gani and Musa were involved in fabricating false evidence in the investigation in the assault on me by Tan Sri Rahim Noor.
These instances were given amongst other examples to show their role in the political conspiracy then, their active fabrication of false evidence against me and which they are now continuing to do.
2.2 Affidavits in reply dated 30.6.09 have been filed by Dato Razak bin Musa ( Pengarah Bahagian Perundangan dan Pendakwaan, SPRM ) and Hanafiah bin Hj Zakariah ( Deputy Public Prosecutor in the prosecution team.
2.3 I have found that their affidavits contain blatant false statements which they must know to be false and yet have been put in affidavits with the intent of being used in judicial proceedings. Their actions are not just a criminal offence, but further strengthen my contention that I am facing a prosecution team that is also part and parcel of the political conspiracy as was the case in the cases brought against me in 1998.
2.4 Razak is deliberately misleading the High Court by saying on oath that a panel of three retired judges ( Datuk Kadir bin Sulaiman, Datuk Wira Mohd Noor bin Ahmad and Datuk Mohama Noor bin Abdullah ) had cleared Tan Sri Gani Patail of any criminal wrongdoing. Razak must know as a Head of Department of SPRM which investigated my report of 1.7.08, that at least one of the three judges found that Gani had committed criminal offences.
2.5 Hanafiah who as a senior DPP must be taken to have investigated and verified the facts before affirming his affidavit has adopted Razak’s affidavit which contains these false statements as his reply.
3. The second report I have filed is in relation to the failure of the police to investigate the report that I lodged on 20.2.09 against Gani and Musa in their role in fabricating the false police report filed by ACP Koh Hong Sun in relation to my arrest on 20.9.98.
3.1 My solicitors wrote on 23.4.09 to the OCS Balai Damansara for a status report but regrettably there was no response.
3.2 In a answer to a question in Parliament on 22.6.09 to YB Sivarasa, Datuk Hishamuddin Hussein said that my report had been referred to SPRM by the police the next day on 21.2.09 for their action.
3.3 My lawyers then wrote on 26.6.09 to SPRM to ask for the status of the investigation as we had heard nothing from them all this while.
3.4 We had a shock when we received a written reply from SPRM dated 10.7.09 stating that after they had received the report, they had studied it and having found that the offence alleged was outside their jurisdiction, they returned it to PDRM for their action. It is reasonable to assume that SPRM having made that conclusion would have returned the report soon thereafter.
3.5 This means firstly that the PDRM and officials of the Home Ministry have caused Minister Hishamuddin to mislead Parliament by saying to Parliament on 22.6.09 that the report was since 21.2.09 with SPRM for their further action
3.6 Secondly, the police having received the report back from SPRM ( who received it end of February 2009 ) have done nothing about it. I conclude that there is now a concerted plan in PDRM to ensure that nothing is done and the crime I have alleged remains covered up. As my report implicates Gani and Hassan ( the current IGP ) in the making of a false report, this cover-up must be directed from the top itself.
3.7 With SPRM saying they have no jurisdiction to investigate and with the police now taking no action, it is clear to me that Gani and Musa are being protected politically for their role in 1998 and their continuing role in framing false and politically motivated charges against me.
[Opposition Leader Anwar Ibrahim has pleaded not guilty to sodomising former staff Saiful Bukhari Azlan in June 2008, accusing Prime Minister Najib Razak of fabricating the charges in a bid to kill his political comeback]
