Mat Zain 'devious and a bankrupt', court hears

Former Kuala Lumpur Criminal Investigations Department chief Mat Zain Ibrahim is a "devious" character whose credibility is dubious, the Court of Appeal was told today.

Senior lawyer Muhammad Shafee Abdullah submitted that Mat Zain had used different identity card numbers in official documents and that his actual identity card number reveals that he has been declared a bankrupt by the Insolvency Department.

Shafee said that Mat Zain used a false identity card number on the controversial statutory declaration (SD) that resulted in today's matter coming before the court.

He was submitting against PKR de facto leader Anwar Ibrahim's (right) application to remove Shafee from the prosecution team, following Mat Zain's SD in which he said Shafee knew of crime allegedly committed by the attorney-general.

Shafee is leading the prosecution team in the government's appeal against Anwar's Sodomy II acquittal.

In his submission today, Shafee said that to hide this "fabrication", Mat Zain had "blotted out" his identity card number and address on the copy of his SD that he passed to Anwar.

Shafee also accused Mat Zain of filing a "sham" defamation suit against Anwar as a ploy to pass information to the politician.

RM30 million defamation suit never went to trial

The RM30 million defamation suit never went to trial, for neither party actively pursued it despite three show-cause letters from the court, he said. 

However, documents Mat Zain submitted, purportedly claiming Anwar defamed him, were used by Anwar to impute other quarters, he added

"These items show he is dishonest and manipulated the SD by concealing the erroneous (identity card) number to the court, a fatal error of identity...

"(He is) devious to make the court and others believe that (he had blotted out the numbers and address) to protect his privacy," Shafee said.

Anwar is making the application for the second time, arguing that Mat Zain's SD, made public early this month, was fresh evidence previously not heard.

However, Shafee, who accused Mat Zain of trying to appear "whiter than white", said that the entire SD has been demolished "to smithereens" and is "hearsay".

Attack on Mat Zain unfair

In reply, Tommy Thomas, who is acting for Anwar, said Shafee's "attack" on the SD and Mat Zain was "unfair".

"Mat Zain is unfairly criticised. No one is here arguing for Mat Zain. I'm not here to argue for Mat Zain.

"All of us barristers enjoy privileges (to make such claims) but this should not be misused," Thomas (left) said.

He said the amount of time spent on ripping Mat Zain apart was uncalled for, as he was only the author of the statutory declaration that is an exhibit in Anwar's application.

Anwar has also submitted other exhibits to support his case, including an article by blogger-in-exile Raja Petra Kamaruddin.

Thomas said the court's duty in this interim application was not to establish facts but to decide if justice was being seen to be done.

He said Anwar was not seen to be receiving equal protection of the law, among others, because no other sodomy trial for the prosecution has been conducted by a lawyer in private practice appointed by the attorney-general.

All court cases should be prosecuted impartially, Thomas said, but Shafee's backrground of having acted for the BN and Anwar's adversaries, former prime minister Dr Mahathir Mohamad, serving PM Najib Abdul Razak and Najib's wife, do not support this.

He said Shafee was also acting as counsel for the respondents in two defamation cases filed by Anwar and he could use this trial to favour his clients in those two cases as well.

Thomas said the two clients of Shafee - Youth and Sports Minister Khairy Jamaluddin Abu Bakar and BN senator S Nallakarupan - had cited Anwar's alleged homosexuality in their defence and a sodomy conviction would therefore strengthen their cases.

The three-member Court of Appeal bench will deliver its decision on the matter tomorrow.