Proof that Hisham wants for Copgate 'already given'

Malaysiakini has obtained information that evidence in the 'Copgate' affair which Home Minister Hishammuddin Hussein is demanding to kick start an investigation into the scandal could very well be under his nose.

Part of this information is in the form of a letter dated Sept 12, 2007, sent to the then deputy internal security minister Johari Baharum by former Commercial Crime Investigation Department chief Ramli Yusuff's lawyer.

The letter cites the actions of the Attorney-General's Chambers and the then Anti-Corruption Agency (ACA) that led to the identities of police informants, who helped in the the arrest of Johor underworld figure Goh Cheng Poh @ Tengku Goh, being exposed.

Hishammuddin (right in photo), in respond to a Malaysiakini'sreport on Sunday, had asked for proof of allegations of collusion among the country's most powerful police officer then, inspector-general of police Musa Hassan, attorney-general Abdul Gani Patail and Tengku Goh in the cover-up of a corruption investigation.

The report stated how the whistleblowers - whose information led to the arrest of Tengku Goh in 2007 - had been forced to implicate six police officers investigating the case.

The home minister's response to this on Monday was: "Prove it, prove it. If they prove it, we can take action."

The letter from Ramli's lawyer to then deputy internal security minister Johari states that following Tengku Goh's arrest and placement under "restricted residence" in Jeli, Kelantan, on Aug 8, 2007, information was leaked to several press organisations, which reported that the ACA was investigating allegations of abuse of power in the "investigations, arrest, detention and issuance of the restricted residence order" against the kingpin.

The news reports also claimed that Tengku Goh was cleared.

Following the media reports, a meeting was held at the Attorney-General's Chambers a week later - on Aug 15, 2007 - at which the attendees included AG Abdul Gani Patail (far left), former deputy inspector-general of police Mohd Najib Abdul Aziz, former head of prosecution Mohd Yusof Zainal Abiden and Ramli.

The investigation leading to Tengku Goh's arrest was discussed at the meeting and it was firmly stressed that the identity of the whistleblowers who helped in the arrest of the underworld kingpin must be kept highly confidential.

Ramli strongly protested. He argued that the identity of the police informants must never be revealed as this would be in breach of the Inspector-General's Standing Orders.

What happened next - even before AG Gani could revert back on the matter - was that Ramli was served with an order, dated Aug 20, 2007, by the ACA requiring the delivery of the original case files, together with the statements made by the whistleblowers and their identities.

'Cicero' files given to ACA

To avoid possible prosecution for disobedience of the ACA order, Ramli obtained permission from Mohd Najib, the then deputy IGP, to release the original ‘cicero' (‘top secret' in police lingo) case files on Tengku Goh, which were delivered to the Attorney-General's Chambers.

"At all times, Ramli (right) and the policemen investigating the case were under the impression that the integrity of the information concerning the identities of the police informants would be kept secret, especially since the procedures provided under the Inspector-General's Standing Orders were yet to be complied with," the letter from the law firm states.

"It has since come to our client's (Ramli's) notice the identities of the whistleblowers were immediately released to the officers of the ACA, who tracked down the informants and elicited from them further statements concerning the police investigations which led to the arrest, detention, the issuance and execution of the (detention order) on Goh."

The letter further states that the police informants were on Sept 10, 2007 referred back to CCID - the police department which originally investigated Tengku Goh - and they made statutory declarations relating to the events prior to and after they were detained by the ACA officers.

"These statutory declarations were recorded with great care... read back and explained to the deponents through a commissioner of oaths in a language which they understood," the letter states.

The document also states various laws in Malaysia on the protection of whistleblowers and these included the ACA Act 1997, Betting Act 1953, Common Gaming Houses Act 1953, Dangerous Drugs Act 1952, Sale of Drugs Act 1952, Securities Commission Act 1993, Kidnapping Act 1961 and Evidence Act 1950.

Malaysiakini also highlighted in the Sunday report the affidavits of the whistleblowers, in which they described how they had been 'turned over' by the ACA and forced to make retractions to their original statements.

Investigations by Ramli's team led to the discovery of Tengku Goh's links with Musa, the nation's top police officer, who had formerly been the chief police officer of Johor.

The CCID probe revealed that while Musa - during his stint in Johor - had closed down most of the gambling and money-lending syndicates in the southern state, he went on to help 'reorganise' the remaining few to operate under an 'umbrella' syndicate controlled by Tengku Goh.

Musa (left) was cleared by AG Abdul Gani sometime in July or August 2007. However, these statutory declarations made by the whistleblowers that are in the possession ofMalaysiakini are dated in September 2007, a month later.

In the same report,Malaysiakini had asked Musa for comments and the former IGP replied that the news website should asked the attorney-general instead.

However Musa has since emphasised that he had been cleared of the allegations against him.

The former IGP was quoted by Chinese newspaper Oriental Daily News on Monday as saying that the allegations against him were a tactic by those with an ulterior motive to create confusion and he threatened to take legal action.

However, Ramli had told Malaysiakini that he was willing to testify in a tribunal against Gani, Musa and the ACA, which has since morphed into the Malaysian Anti-Corruption Commission (MACC).

Another investigation agency cannot investigate

Sources have also indicated that Abdul Gani may have abused his position by allegedly asking another enforcement agency - in this case, the ACA - to intervene in the investigations, which is considered as interfering with police work.

Malaysiakini also has in possession Tengku Goh's habeas corpus application dated Aug 14, 2007, which states that he had been investigated by the ACA, and that no action had been taken against him.

He also took pains to say that a probe by a separate arm of the police force - the Criminal Investigations Department (CID) - against him was closed.

In addition, the kingpin claimed that his detention and restricted residence order was an act of mala fide by the CCID and he revealed that the IGP (Musa) was never informed of his arrest and detention.

Tengku Goh's affidavit also states that the Abdul Gani had described the allegations against him as without any basis, and that he believed the AG had verified the matter.

As reported by Malaysiakini, after the ‘turning over' of the whistleblowers, the six police officers investigating the underworld kingpin's case were charged with fabricating evidence, and Tengku Goh was released sometime in December 2007 - four months after his arrest.

The presence of the letter from Ramli's lawyer raises questions as to whether the Internal Security Ministry investigated the complaints made by Ramli, or whether this evidence from a senior police officer was swept under the carpet, resulting in Hishammuddin and his ministry's disregard of its existence.

Copies of the statutory declarations made by the whistleblowers who implicated Tengku Goh in his underworld activities, and who were then allegedly "turned over" by the ACA, are believed to have been sent to the Home Ministry.