Mat Zain also willing to testify against Gani, Musa

Pressure is mounting for the prime minister to establish a tribunal to investigate misconduct allegations against attorney-general Abdul Gani Patail and former inspector general of Police Musa Hassan.

This is in the wake of another former senior police officer, Mat Zain Ibrahim, in an open letter to IGP Ismail Omar copied to Prime Minister Najib Razak today expressing his willingness to deliver "no holds barred" testimony if the panel is set up.

“There is enough justification (for a tribunal) to be held. The prime minister can be held liable for criminal misconduct if he chooses to continue to ignore or hide other people’s crime (which is already within his knowledge),” warned Mat Zain.

The evidence that Mat Zain is referring to concerns Musa and Abdul Gani’s conduct in the Anwar Ibrahim black-eye incident.

Musa was the investigating officer in the Sodomy I case while Abdul Gani led the prosecution. Mat Zain was the investigating officer in the black-eye incident.

Mat Zain, a former Kuala Lumpur Criminal Investigation Department (CID) chief, is the second former senior police officer calling for a tribunal against Gani and Musa.

On Sunday, former Commercial Crime Investigation Department (CCID) chief Ramli Yusuff (right) had told Malaysiakini that he waswilling to testify before a tribunal on other allegations against Gani and Musa.

Ramli in his birthday speech on Feb 29 alleged that Abdul Gani, along with Musa had used the then Anti-Corruption Agency (ACA) to fix him and his men up, after the probe into a shady kingpin arrested by his team.

Since the revelation, Malaysiakinihas been reporting Ramli’s predicament and provided further evidence of the allegations against Abdul Gani and Musa.

No MACC probe into falsification

Mat Zain said he wants the tribunal so he can to clear himself as Anwar had implicated him, Musa, Abdul Gani and Dr Abdul Rahman Yusof of fabricating evidence in the case as contained in the report the opposition leader had lodged on July 1, 2008.

However, he said the ACA had formed a special team and conducted its investigations based on section 15 of the Prevention of Corruption Act 1997 for abuse of power instead of  “fabricating  evidence” under section 192 of the Penal Code.

“To my knowledge, the ingredients needed to prove abuse of power under section 15 of the Act are different from fabricating evidence. I feel investigations done under section 15, in my years of experience are not relevant at all to the complaint of fabricating evidence,” he said.

Mat Zain recalled that he was called by the ACA at least five times and they also went to his house that same month to take several documents in connection with the probe.

“I did voice my opinion to the ACA’s investigating officer on the direction of the investigation should take, and the documents on which the focus should be.

“Another officer recorded my statement and he mentioned that the  investigations were being carried out under section 217 (a public servant disobeying the direction of law) which does not fulfill the ingredients of fabricating evidence.

“I do not want to question the ACA’s capability or its competency in cases involving corruption and abuse of power.

“In such investigations, they are more proficient. But in matters related to Penal Code, it has to be admitted that the police are better as it is our bread and butter,” he said.

Mat Zain in proving his point said like the National Feedlot Corporation (NFC) case involving the family of Minister Shahrizat Abdul Jalil, the Malaysian Anti-Corruption Commission (MACC), handed over the case to the police as it was being investigated for criminal breach of trust which is not their field.

He said Abdul Gani and Musa (right) could have also advised the ACA in their investigations if they “had nothing to hide” without any need for him, a pensioner, to point out these things.

There is also no reason, he said the police cannot probe the IGP as he had in 1998 with the rank of assistant commissioner investigated the then IGP Abdul Rahim Noor, with the assistance of two others and “we investigate the matter without fear or favour”.

“However, our investigations were delayed and manipulated with various evidence being fabricated by Gani, and the late attorney-general (Mohtar Abdullah), facilitated by Musa," he said.

Whitewashing exercise

Mat Zain also repeated his assertion that the independent panel formed by the solicitor-general to clear Gani and Musa of misconduct via the Parliament was merely a an exercise in  “whitewashing".

He said the lengthy ministerial statement made by Minister in the Prime Minister’s Department Nazri Aziz in December 2010 was confusing when it revealed that he (Mat Zain) and Dr Abdul Rahman were not the subjects of the ACA probe.

“This only shows the investigations were not complete. Nazri may not have been at fault as such reports are prepared by the Attorney-General's Chambers, which is under the control of Gani. Nazri was not the de facto law minister when the panel made its decision to clear Gani and Musa.

“I emphasise Gani, Musa, Dr Rahman and I cannot be cleared from any wrongdoing in the fabricating evidence allegations in the black-eye incident because there was no investigation under section 192 of the Penal Code. Gani and Musa is still as the main suspects.

“I would also like to emphasise with the evidence and investigation papers in the black-eye incident, and documents from the Royal Commission of Inquiry over the same case, that if a tribunal is set-up the allegations on Gani for his alleged crime of fabricating evidence in the form of three expert doctors report and other documents submitted in the RCI are true and correct.”

In his opinion, he said, the capability to prove Abdul Gani with Musa’s culpability in the abetting of fabricating the evidence and using the evidence from Anwar’s abuse of power trial, could be something which is worrying Najib and his government.

For this reason, he alleged that Najib’s government is protecting Gani and Musa from being subject to any proceeding if the terms of reference include fabricating of evidence.

“Whatever the circumstances, the government and Najib cannot go on defending Gani and Musa as such evidence in the prime minister’s hands himself (which he had given in 2009) is too strong to be challenged.

“It is conclusive than the DNA evidence. I emphasise the two (Musa and Gani) have no defence.

Mat Zain said fabricating evidence by Gani (right) and Musa is not towards an individual but what they did is an injustice to the public and nation.

He stressed that the two had chosen to do the alleged criminal acts of their own free will, for their own purpose and interests.

“They cannot implicate a third party or the country’s past and present leaders for their actions. I have already delivered Dr Mahathir Mohamad’s directives that there should not be any cover-up involving Anwar’s case.

"I’ve also delivered a verbal warning to Gani if he chose to use Dr Abdul Rahman there will be complications in the near future.

“Gani did not heed my warning and continued to transgress. For me, if Gani is prepared to cheat the cabinet or the Yang di Pertuan Agong (in the RCI), what about ordinary people?” he said.

Mat Zain added that he takes responsibility for what he has said  and is aware of the risks and the consequences if what he has claimed prove to be false.

“Let us resolve their conduct once and for all before a tribunal. The question is: will Najib call for one?"