Sheikh Niza had to do what was necessary to pin this rap on Ahmad Sarbaini. There was no turning back now. They had already committed themselves and so they had to make this ‘Malaysian Book of Records’ case stick, by hook or by crook if necessary.
NO HOLDS BARRED
Raja Petra Kamarudin
THE TIME HAS COME TO EXPOSE THE KILLERS OF AHMAD SARBAINI MOHAMED
Ahmad Sarbaini’s Second Cautioned Statement
Ahmad Sarbaini’s first Cautioned Statement (part 5 of this report) became a serious problem for the MACC KL senior officers when there was nothing in that statement which could be used against the Customs Deputy Director.
The assignment the MACC HQ gave them was to ‘detect and detain’. However, based on what had transpired thus far, the MACC KL office could neither detect nor detain Ahmad Sarbaini -- or any of the other more than 60 Customs Department officers ‘on the list’ for that matter.
This posed a dilemma for the MACC, which had earlier announced a ‘Malaysian Book of Records’ investigation into a so-called super-dynamite RM108 billion Customs Department scam -- more than the Perwaja, PKFZ and Scorpène submarines scandals combined.
MACC KL’s Director, Hj Mohd Yusof Akope, was not about to risk his KPI (Key Performance Index) just because his Deputy Director, KUS Mohd Fauzi Bin Hussin, was an ineffective Ketua Unit Siasatan. He also blasted Fauzi for asking IO Mohd Rosly to record that first Cautioned Statement whereas it was Sheikh Niza who was deemed to have made that successful arrest. Fauzi did that to cover up for the MACC’s false arrest against Ahmad Sarbaini.
Feeling infuriated just like Hitler when told he was losing the war, Hj Mohd Yusof demanded to see the ‘evidence’ of corruption against Ahmad Sarbaini as soon as possible.
In turn, Mohd Fauzi, pounced on Sheikh Niza who had arrested Ahmad Sarbaini on 1st April -- but had achieved nothing in the first Cautioned Statement.
Sheikh Niza had to do what was necessary to pin this rap on Ahmad Sarbaini. There was no turning back now. They had already committed themselves and so they had to make this ‘Malaysian Book of Records’ case stick, by hook or by crook if necessary.
Sheikh Niza summoned Ahmad Sarbaini back to the MACC KL Office to give a second Cautioned Statement. Contrary to normal procedures where written notices are issued, this order was given verbally.
Sheikh Niza decided that he could not tackle Ahmad Sarbaini by playing hardball. He realized that Ahmad Sarbaini was a God-fearing man who feared no mortal. He never missed praying five times a day -- whereas Sheikh Niza may have a pious name but he was nowhere near that pious name.
It was then he decided to use trickery, deception and inducement - something he had learned while serving as a prison warder.
Cunningly, Sheikh Niza told Ahmad Sarbaini that he (Sheikh) had aided in his release and that Ahmad Sarbaini was no longer regarded as a suspect.
Without batting an eyelid, Sheikh Niza convinced Ahmad Sarbaini that although this second statement was a continuation of the first one, Ahmad Sarbaini would be treated as a witness and not a suspect.
Subsequently, Sheikh Niza demonstrated to Ahmad Sarbaini that he was recording the second statement under section 30(3) of the MACC Act. That is why if you were to scrutinise the opening remarks of the second statement, which was supposed to be a continuation of the first statement, it was made under a different provision of the MACC Act.
It was all part of Sheikh Niza’s and KUS Mohd Fuzi’s sleight of hand or ‘silap mata’.
Despite his ‘soft’ and persuasive approach to deceive Ahmad Sarbaini, Sheikh Niza became frustrated when, in spite of the long hours of interrogation, Ahmad Sarbaini was still not giving him the story that he wanted.
Sheikh Niza tried to intimidate Ahmad Sarbaini by placing the lockup uniform on the table in plain view for him to see while recording the final part of Ahmad Sarbaini’s statement. Sheikh Niza then made distinctions between “wang imbuhan” and “wang ehsan”. Deviously, he trapped Ahmad Sarbaini into believing that “wang ehsan” was like sedekah or a donation and that it was halal and purely legal to accept it. Sheikh also made various analogies to substantiate his deception.
By then the interview was already stretching into more than four hours. Feeling tired, Ahmad Sarbaini was afraid he might be kept in the lockup again since it was already 6.30 pm. and was ready to accept any suggestion by Sheikh Niza. All he wanted was to return to his family. That was how Sheikh Niza deceived Ahmad Sarbaini into signing the second Cautioned Statement that contained his ‘confession’.
Sheikh Niza admitted to the Coroner that the so-called Cautioned Statement merely provided answers to questions that he had posed to Ahmad Sarbaini. In fact, Abd Ghani, the IO assigned to the case, told the Coroner that he was surprised to see the ‘confession’ that Sheikh Niza had successfully extracted.
IO Abd Ghani had served in Anti-Corruption Agency before it became MACC - old wine in a new bag. He confided to close friends his reservation about the ‘confession’ and even told the court that it was the first ever in 20 odd years as an IO where he had seen anyone admitting to receiving kickbacks. He said, “Ini adalah sesuatu yang pelek” (This is very strange).
Recalling Ahmad Sarbaini
KUS Mohd Fauzi could not contain his elation when Sheikh reported that Ahmad Sarbaini had signed a confession. Immediately, he reported to his Director, Hj Mohd Yusof, who reported the same to the MACC HQ.
There was an incredible outburst of joy untold. MACC HQ’s Director of Investigation, Dato Mustafar Ali, saw this as a vindication of the MACC -- especially since the on-going Teoh Beng Hock RCI was making embarrassing disclosures of MACC officers watching pornography during office hours not forgetting revelations of other dubious acts and acts of incompetence.
MUSTAFAR ALI: Eager to use Ahmad Sarbaini’s confession to vindicate MACC over the TBH RCI
Dato Mustafar directed Hj Yusof and Mohd Fauzi to recall Ahmad Sarbaini, re-arrest him, seek a remand order, and to record a third Cautioned Statement under s. 53(3) -- like the first statement and not under s. 30(3) of the MACC Act as was done for the second statement.
Sheikh Niza, now regarded as MACC’s hero, again summoned Ahmad Sarbaini to the MACC office for his third statement to be recorded. Again, no written notice was given.
In fact, Sheikh Niza, and all the MACC senior officers both at KL and their HQ in Putrajaya, will later use this as an excuse to say that Ahmad Sarbaini had come to the KL MACC Office voluntarily and without any appointment.
The absence of a written notice made this lie possible. This was in fact the same trick they used in the Teoh Beng Hock case that enabled them to claim he was a mere witness and not a suspect in custody.
Events leading to 6th April
After he left Sheikh Niza that late evening of 4th April, Ahmad Sarbaini met up with some colleagues and narrated to them what had happened. They all told him that he had been tricked into giving a ‘confession’.
Initially, Ahmad Sarbaini was in a state of denial. Since he had never accepted any bribe by whatever name, he felt that Sheikh Niza was a decent man who would not trick him. He believed that even if he had admitted to receiving ‘wang ehsan’, whereas he did not, that would at most tantamount to a donation in the manner explained by Sheikh Niza.
After all, Sheikh Niza was very encouraging when they spoke about religion and, to Ahmad Sarbaini, such a man would not resort to trickery.
To comfort himself, the next day, on 5th April, Ahmad Sarbaini met up with his freight forwarding friend, Wan Zainal, and told him that he had inadvertently mentioned Zainal’s name to the MACC. He did not tell Wan Zainal that Sheikh Niza had tricked him into making that confession.
Ahmad Sarbaini was a simple man who felt that a person must be accountable for his actions. To his mind, he would be accountable and retract that confession when he met the MACC the following day.
That was the same thing he had told his other close friends, the last time they ever saw him alive.
TO BE CONTINUED
ADDENDUM
Ahmad Sarbani’s death: the lies and deceptions by the MACC (part 1)
Ahmad Sarbani’s death: the lies and deceptions by the MACC (part 2)
Ahmad Sarbani’s death: the lies and deceptions by the MACC (part 3)
Ahmad Sarbani’s death: the lies and deceptions by the MACC (part 4)
Ahmad Sarbani’s death: the lies and deceptions by the MACC (part 5)
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