Shamsubahrin’s lawyers: MACC intimidating us

His two lawyers say that they have been hauled up by the MACC to give statement as witnesses. The MACC meanwhile denies any harassment.

PUTRAJAYA: The Malaysian Anti-Corruption Commission (MACC) is investigating an allegation by businessman Shamsubahrin Ismail that National Feedlot Corporation (NFCorp) chairman Mohamad Salleh Ismail had instructed him to bribe the police to “close” the controversial National Feedlot Centre case.

However, the lawyers who accompanied Shamsubahrin to give a statement to MACC investigators at the commission’s headquarters today claimed that there may be certain “high-level people” giving instructions to the anti-graft body to disrupt proper investigation against Mohamad Salleh.

In an “unusual” move this afternoon, MACC investigating officers hauled up for questioning two of Shamsubahrin’s lawyers who sat in with him during his questioning session.

This amounted to an act of harassment that was both “unlawful” as well as an “intimidation”, said lawyers Murnie Hidayah Anuar and Latheefa Koya, who were both issued notices to be witnesses to the investigations.

“We are shocked. It’s unprecedented. There is no provision for them to do this. There’s no such thing when lawyers are just doing their duties as stated in the Federal Constitution,” said Murnie, who said she was issued a notice under Section 30(1)(a) of the MACC Act.

“This is clearly an abuse of power by MACC. We ask them to focus on the scandal revolving [around] NFC and Shamsubahrin (and not to harass us). I think they should drop the charges against him, too,” said Latheefa.

“MACC is still displaying unprofessional behaviour. They are putting up additional pressure on lawyers. This notice says that since we actually sat with Shamsubahrin, we were automatically a witness. We were here in our capacity as lawyers. How can they do this with us? We are thoroughly disappointed,” said Latheefa.

Questioned for five hours
Earlier, Shamsubahrin was interviewed for about five hours in regard to SMS messages between him and Mohamad Salleh.

Shamsubahrin, who arrived at about 11am, was asked to explain in detail a total of 50 transcripts of messages which were backed up in Shamsubahrin’s e-mail.

“As far as we’re concerned, what he has shown to MACC shows that he didn’t do anything wrong; he has not given any money to the police. If you are instructed to pay a policeman, you cannot categorise that as so-called cheating,” said Latheefa.

“He was appointed and paid as a consultant; all he has done is to help improve public relations and the problems facing NFC,” she said.

Meanwhile, Shamsubahrin maintained his innocence in the entire case.

“I still stand by what I said previously. I’m innocent. I’ve done nothing wrong to Mohamad Salleh, NFC, and his family. Today I’ve explained every detail. Now it’s up to MACC to act,” he said.

Shamsubahrin also kicked up a fuss and complained that one of his cars seized by MACC has been damaged.

The side window of his Mitsubishi ASX was shattered, and he said MACC must be held responsible. The other two cars under MACC custody – a Mitsubishi Triton and Grandis – was undamaged.

MACC head of investigations Mustapha Ali (photo, below) said MACC would repair it, and it was an accident due to pebbles flying up from a grasscutter’s blades.

In his last visit to the MACC, Shamsubahrin had handed over to the agency a handphone, some documents including transcripts of SMSes and had a brief statement recorded as well.

His lawyers then were barred from sitting with him while his short statement was taken.

On Dec 30, Shamsubahrin, 45, was charged with two counts of cheating Mohamad Salleh of RM1.76 million for “negotiation and consultation services” that he did not deliver.

Mohamad Salleh is the husband of Women, Family and Community Development Minister Shahrizat Abdul Jalil. The “services”, while not specified in court, were widely speculated to be for the closing of the NFC case.

Shamsubahrin was also charged, while he was warded at the Klang Hospital, with two separate counts of cheating not related to the NFCorp.

On Jan 30, PKR disclosed a police report lodged by Shamsubahrin in which he claimed that Mohamad Salleh had pressured him to bribe police investigators to close the case on NFCorp.

MACC’s response

Meanwhile, MACC’s head of prosecution from the Attorney-General’s Chambers, Abdul Razak Musa, said that it was normal practice for MACC to insist that lawyers cannot be present during an interrogation of a witness.

“Malaysian law is not the same as UK or US laws. Except for those accused or suspects, who have the right to counsel, witnesses should not have lawyers,” Abdul Razak told FMT when contacted.

He said MACC had already informed Shamsubahrin’s lawyers and was puzzled by their insistence.

“The reason for this is we don’t want our witnesses saying later that it was not his words, but the lawyer’s. We’ve had such cases. So we must be clear. A witness must be on his own, not taught by anybody else. Because his evidence is something that would cause someone to be charged, it’s important,” he said.

Abdul Razak rubbished claims of harassment of the two lawyers, saying this has been practised and was not the first time such notices were issued to lawyers.

“We already warned them. I don’t know why they insist on being there. We are open. And if you’ve come as witness, you have to trust us,” he said.

Asked about the example of Teoh Beng Hock who “may not have died if a lawyer was present”, Abdul Razak said that it was merely “presumption”.

“We have already proved that he committed suicide. How can you blame others? Until today, nobody is charged with the incident. The Royal Commission of Inquiry had already ruled that his case was a suicide.”

NFCorp CEO in court

The NFCorp issue came to light in October last year after the 2010 Auditor-General’s report revealed that the RM250-million cattle-breeding project had failed to fulfil the objectives of its formation, which was to reduce beef imports.

While Mohamad Salleh headed NFCorp, his three children were directors in the company.

Mohamad Salleh is also charged under Section 409 of the Penal Code with criminal breach of trust and offences under the Companies Act involving the alleged abuse of almost RM50 million in connection with the NFC case. He has pleaded not guilty to the four charges.

Opposition parties, particularly PKR, had made a series of documented exposé linking Shahrizat to allegations of abusing state funds meant for the project.

NFCorp had been accused of misusing parts of the RM250 million government soft loan to purchase high-class condominiums, premium land and a luxury car as well as expenses unrelated to cattle farming.