Lawyer maintains ‘foul-play’ over Sarbaini’s death

Sarbaini's faimly is considering applying for a revision of the findings, says family lawyer Awatar Singh.

KUALA LUMPUR: The finding of death by “misadventure” in the Ahmad Sarbaini Mohamed inquest has been rejected by the lawyer representing the former Selangor Customs assistant director’s family.

Minutes earlier, coroner Aizatul Akmal Maharani had ruled out both homicide and suicide over the 56-year-old Ahmad Sarbaini’s death.

“If you say he went to the window, for what reason? There is no reason for it at all. No way… no way,” said lawyer Awtar Singh.

“I feel the MACC (Malaysian Anti-Corruption Commission) was negligent. He (Ahmad Sarbaini) never came out (of the building’s window). There’s no possibility and no reason at all for him to come out. No reason, no reason,” he told reporters outside the court in an immediate reaction to the coroner’s findings.

Awtar said he found no reason for the court to rule that Ahmad Sarbaini had tried to escape from the building, calling it a “far-fetched finding” that “holds no water”.

“It’s not a drugs or firearms case; besides, he is not even charged in court yet; I see no reason why he should run away. It holds no water. If he managed to escape alive, he can still be arrested at his house. It is a far-fetched finding,” he said.

Awtar urged MACC to be bold enough to come forward and take some responsibility over the man’s death.

He also questioned why forensic investigators had never found Ahmad Sarbaini’s fingerprints at the windows.

“Where are the fingerprints? Don’t tell me his soul came back and wiped out the fingerprints.”

Unanswered questions

Awtar said even the investigating officer admitted that the case is only 90% percent complete as he could not figure out why Ahmad Sarbaini would want to exit through the window.

He added that there was foul play in the case and that many questions have been left unanswered.

“If you look at the entire context of the facts presented, there was a certain degree of foul play… whether there was intention to kill or not is a different issue,” Awtar said, adding that the family is considering applying for a revision of the findings.

The family of Ahmad Sarbaini declined to comment on the verdict and asked for more time to think it over.

“We have to talk to the family and the lawyer; we will make an announcement at the right time,” said Sarbaini ‘s brother-in-law Mohd Shah Jaafar. He said his sister, Maziah Manap, was tired.

Meanwhile, MACC lawyer Mohamed Shafee Abdullah said the verdict was as he expected and “very accurate”.

“The only thing is why did the deceased exit the window. I suggested he exited in order to make a temporary disappearance so he could contact and warn his friend Wan Zainal Abidin Wan Zaki Zainal… so that their stories are consistent.

“But the coroner made a far more serious finding… that the deceased had wanted to escape from ‘hell on earth’,” he said.

‘No proof of manhandling’

Shafee also said that there was no evidence of anyone manhandling or even touching Ahmad Sarbaini and therefore MACC is not connected to the death at all.

However, he said that MACC disagreed with the finding of the court that MACC assistant enforcement officer Kamal Awang Besar was “negligent” when he left Ahmad Sarbaini alone in the office for a few minutes.

He said MACC may take the matter up.

Former MACC advisory committee member Robert Phang, who was also present, said that the verdict does not absolve MACC of its responsibility over Ahmad Sarbaini’s death.

“If you say it is misadventure, there are many factors (that may lead to it). However, we must respect the court’s decision,”he said.

Phang urged MACC chief Abu Kassim Mohamed to carry out some sincere “housekeeping” for the people are watching MACC closely.