A former top cop claimed that leading prosecutor in Datuk Seri Anwar Ibrahim's sodomy appeal Tan Sri Muhammad Shafee Abdullah (pic) had misled and concealed "material evidence" from both the Appeals and Federal Courts.
Datuk Mat Zain Ibrahim, who is a former CID chief of Kuala Lumpur, was referring to the courts' decisions on December 20 and February 11 that had ruled on the admissibility of his statutory declaration (SD).
The Federal Court had ruled that Mat Zain's SD was an out-of-court statement and could not be accepted in Anwar's bid to remove Shafee from leading the prosecution in his sodomy appeal.
"The rest of the allegation in the SD is hotly disputed," said Tan Sri Zulkefli Ahmad Makinuddin, who led the five-man bench.
"The rest of the allegation in the SD is hotly disputed," said Tan Sri Zulkefli Ahmad Makinuddin, who led the five-man bench.
Mat Zain, in a statement today, claimed that Shafee had failed to inform both courts that the Malaysian Anti-Corruption Commission had recorded a "lengthy statement" from him in connection with the contents of the SD on December 5 last year.
He also claimed that the alleged errors in the SD concerning his identity card number, which was raised by Shafee in the proceedings, had also been rectified in the statement and other documents issued by MACC.
"I have all the documents to prove this. There are no other defects in the SD concerning my full name or home address or any other personal particulars whatsoever after the corrections.
"The defects or discrepancies that were raised and exaggerated by Shafee in his written submissions dated December 18 are a figment of his imagination and an afterthought, when he discovered that he had made several false statements in his affidavits which I reported on December 15 and which Shafee did not inform the court as well," he added
According to the February 11 court judgment, Mat Zain's SD was also thrown out because his name and address were blotted out in the document and because there were discrepancies in his MyKad number compared with other documents, including the cause papers in his defamation action against Anwar at the Shah Alam High Court.
"Shafee’s submissions that my SD is inadmissible, hearsay and is of no value, which he based on petty issues such as the blotting of NRIC and home address, are also misleading."
In his 31-page SD, Mat Zain claimed that Attorney General Tan Sri Abdul Gani Patail was responsible for the loss of Pulau Batu Puteh to Singapore.
He said that Shafee knew that Gani had allegedly suppressed important evidence in the hearing at the International Court of Justice (ICJ) in 2007 that caused Malaysia to lose the island to Singapore.
Mat Zain noted that Shafee also had to take into account the fact that there was already a police report lodged over the Pulau Batu Puteh issue by PAS Johor information chief Mazlan Alimin in 2008, just three days after the ICJ made its decision.
"In any event, if Shafee, who has been appointed as a DPP, has any doubts about the contents of my SD, he has the power to apply to the court to call any person – including me – to be examined by the DPP in order to ascertain the truth of the matter.
"Shafee can also apply to the court to order MACC to produce my statement together with the video recording of it for the court to view. Nothing should be spared in order to see justice is done.”
Mat Zain said he would be writing again to the AG to insist that an investigation be ordered to probe into the reports he had lodged against Shafee for making false affidavits.
"To stall the investigations of these reports is as good as the public prosecutor giving a free hand to Shafee – a DPP – to use false evidence in the Sodomy II appeal which the latter is handling at the moment.”
"The defects or discrepancies that were raised and exaggerated by Shafee in his written submissions dated December 18 are a figment of his imagination and an afterthought, when he discovered that he had made several false statements in his affidavits which I reported on December 15 and which Shafee did not inform the court as well," he added
According to the February 11 court judgment, Mat Zain's SD was also thrown out because his name and address were blotted out in the document and because there were discrepancies in his MyKad number compared with other documents, including the cause papers in his defamation action against Anwar at the Shah Alam High Court.
"Shafee’s submissions that my SD is inadmissible, hearsay and is of no value, which he based on petty issues such as the blotting of NRIC and home address, are also misleading."
In his 31-page SD, Mat Zain claimed that Attorney General Tan Sri Abdul Gani Patail was responsible for the loss of Pulau Batu Puteh to Singapore.
He said that Shafee knew that Gani had allegedly suppressed important evidence in the hearing at the International Court of Justice (ICJ) in 2007 that caused Malaysia to lose the island to Singapore.
Mat Zain noted that Shafee also had to take into account the fact that there was already a police report lodged over the Pulau Batu Puteh issue by PAS Johor information chief Mazlan Alimin in 2008, just three days after the ICJ made its decision.
"In any event, if Shafee, who has been appointed as a DPP, has any doubts about the contents of my SD, he has the power to apply to the court to call any person – including me – to be examined by the DPP in order to ascertain the truth of the matter.
"Shafee can also apply to the court to order MACC to produce my statement together with the video recording of it for the court to view. Nothing should be spared in order to see justice is done.”
Mat Zain said he would be writing again to the AG to insist that an investigation be ordered to probe into the reports he had lodged against Shafee for making false affidavits.
"To stall the investigations of these reports is as good as the public prosecutor giving a free hand to Shafee – a DPP – to use false evidence in the Sodomy II appeal which the latter is handling at the moment.”
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