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Sunday, March 17, 2013

The dilemma of PI Bala's lawyer


During the Bar Council annual general meeting yesterday, lawyer Americk Sidhu dropped a bombshell that could well shake Malaysia's corridors of power.

Americk was debating a motion on setting up an independent committee to investigate the author of P Balasubramaniam's infamous second statutory declaration.

He claimed that he had met the author, lawyer Cecil Abraham, who told him that he had done so on the instruction of then deputy premier Najib Abdul Razak.

Efforts has been made to contact Cecil since Deepak Jaikishan first made the allegation. In January, Malaysiakini had a chance encounter with Cecil, but he refused to address the allegation.

The full text of Americk's speech follows: 

NONE1. Whenever I have had to make a decision in the past, I have always been guided by a very simple principle enshrined in the phrase “do the right thing”.

2. Yesterday afternoon I lost my friend and my client.

3. P Balasubramaniam was probably the bravest man I have ever had the privilege of being acquainted with and it has been an honour serving him over the last 5 years.

4. I have spent the last 20 hours or so in complete mental torment because I have information I am obliged not to reveal.

5. The situation has now changed dramatically.

6. I have tried applying the “do the right thing” principle to the situation I am now faced with but I find that this is diametrically opposed to what I thought I understood.

7. I am about to sacrifice my integrity and my honour, but I believe this must be done to preserve the integrity and the honour of those who are no longer here to defend themselves and because I think it is the right thing to do.

8. I am about to break an understanding I said I wouldn’t.

9. I am about to relinquish on a promise I solemnly made.

10. I am about to breach the sacrosanct confidentiality rule.

11. But I know this has to be done or I will not be able to live with myself.

12. I know this has to be done as a mark of respect for the sacrifices made by Bala, who fought so hard and suffered so much only because he believed what he was doing was right.

13. A little more than two weeks ago I was paid a visit by Tan Sri Cecil Abraham. This meeting was brokered by another lawyer and who was also present with us.

14. Tan Sri Cecil Abraham confessed to me that he did indeed draft the infamous 2nd SD without the instructions of my client and he apologised for doing so.

15. He informed me that he had been instructed to do this by Najib Tun Razak.

16. I accepted his apology and assured him his admission would remain between us.

17. I informed Bala of this and he agreed to keep it between ourselves.

18. I have now broken that promise I solemnly made and I am not proud of myself.

19. I do this in memory of a great Malaysian. A man who stood fast in the face of adversity and at great personal sacrifice.

20. A man who I am sure, would probably still be alive today had he not spent the last 5 years permanently glued to a computer screen trying to find out all he could on the happenings in his motherland, from a faraway place he and his family were unceremoniously banished to.

21. I can only take solace in the fact that he will finally be laid to rest in the homeland he loved and in the presence of those he cared for.

22. Bala, this is the very least I can do for you.

23. May your soul rest in eternal peace. Amen.

Americk Sidhu
March 16, 2013

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