Press Statement
21 December 2012
I refer to the statement by the Malaysian Anti-Corruption Commission
Operations Review Chairman, Hademan Abdul Jalil that senior lawyer, Tan
Sri Cecil Abraham, was not a party to the panel’s decision to stop the
investigation into private eye, P Balasubramaniam’s second statutory
declaration. The statement is an utter disappointment because it appears
that the MACC Operations Review Panel is more concerned with defending
its decision to stop the investigation than to ensure MACC discharge its
duties in carrying out a proper and thorough investigation into
wrongdoings and charging the offenders without fear or favour.
The MACC Operations Review Panel Chairman should, instead of attempting
to wash the Panel’s hands, immediately reopen investigations into the
matter. There is more than sufficient evidence from the disclosures made
by Deepak Jaikishan for the MACC and the police to commence
investigations into various offences such as the making of a false
statutory declaration, perjury, kidnap, extortion, bribery, corrupt
practices, murder and the attempted covering-up of such offenses.
To date, the authorities have not taken up any investigation on a
serious allegation by private investigator P. Balasubramaniam that he
was intimidated and enticed to alter his statutory declaration on 1 July
2008. Now the latest revelations by businessman Deepak Jaikishan
concurred with the statement by P.I. Bala, and it thus confirmed that
criminal offenses have been committed and warrant serious action.
The MACC and the police must immediately investigate, interview and
record the statements of the following persons who allegedly to have
involved in this case:
1) P. Balasubramaniam who had gone
public with his first statutory declaration in the morning on 2 July
2008 and withdrew it with a second statutory declaration the next day;
2) Deepak Jaikishan who has confessed to have contacted Bala and
negotiated for the alteration of the first statutory declaration;
3) Nazim Tun Razak, the Prime Minister’s brother, who is alleged to
have provided the money and represented the Prime Minister in a meeting
with Bala;
4) Lawyer Cecil Abraham who is alleged to have prepared the second statutory declaration; and
5) Lawyer Arulampalam who appeared with Bala in the press conference
to issue the second statutory declaration which Bala had previously said
was made under duress and fear for the safety of his wife and children.
Malaysian laws stipulate that conspiracy to falsify or subvert sworn
statement is a criminal offense. Those involved in abetment and
conspiracy to give false evidence can be charged under Section 107 of
Penal Code, or Section 120a criminal conspiracy, Section 191 false
evidence under Statutory Declaration Act 1960.
The authorities
have shown that are able to carry out investigations quickly and
meticulously such as that carried out by the six agencies against
SUARAM, the Companies Commission of Malaysia, Malaysia Communications
and Multimedia Commission, Bank Negara, Registrar of Societies, the
police and Home Ministry. Unless the MACC and the police act
immediately, the taint to their reputation and image will be tarnished
further.
Tian Chua
Vice President, Parti Keadilan Rakyat
Member of Parliament for Batu
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