By Aidila Razak | Malaysiakini
The Malaysian Anti-Corruption Commission (MACC) will not record the statement of private investigator P Balasubramaniam in London after all.
Instead, it will submit questions to his lawyers and request that the witness responds in the form of an affidavit, MACC deputy commissioner Mohd Shukri Abdull told a press conference today.
“We will write to the witness’ lawyers tomorrow to inform them of the decision, and to submit the questions,” he said.
He said that the decision was made upon advice from the attorney-general’s chambers, after considering the Eric Chia case where a witness statement recorded overseas was not allowed to be tendered as evidence in the corruption trial.
According to MACC Legal and Prosecution Director Abdul Razak Musa, the decision not to record Balasubramaniam’s statement was also influenced by decisions on Thai pathologist Pornthip Rojanasunand’s testimony in the Teoh Beng Hock inquest.
“In the Eric Chia case, we even had the statement recorded in the magistrate’s chambers overseas, but it was inadmissible. We don’t want to be wasting our efforts,” he explained.
‘Bala not our enemy’
When asked, he admitted that even the affidavit may not lend much weight to the case if Balasubramaniam (right) does not testify in court.
“According to Section 30(1)(c) of the MACC Act 2009, an affidavit is admissible in court, but the weight of the evidence is questionable if it cannot be cross-examined,” he said.
Shukri said this is why the commission has been pushing for Balasubramaniam to give his statement in Malaysia and to testify in court.
The MACC has recorded the statements of “most of the witnesses” and the private eye’s statement is crucial to the case, he said.
“MACC needs him for our investigations. He is not our enemy and neither are we his. We expect that we will have to record statements from more witnesses based on his affidavit.”
Asked why it has taken so long for the commission to decide on how to deal with Balasubramaniam’s interview, Shukri said, “It is better that we do things slowly, if it means the efforts of all parties will not be wasted.”
The MACC had originally agreed to record the statement at the Holiday Villa in London from July 5-7.
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MACC cancels PI Bala’s London interview
By Neville Spykerman | The Malaysian Insider
June 30, 2010
PUTRAJAYA, June 30 – The Malaysian Anti-Corruption Commission (MACC) today called off plans to interview P.Balasubramaniam in London next week over his claims of a conspiracy in the murder of Mongolian Altantuya Shaariibuu.
Instead they are opting to pose questions to the private investigator and allow him to respond via an affidavit.
MACC Deputy Chief Commissioner Datuk Mohd Shukri Abdull said they were advised by the Attorney-General’s Chambers against interviewing the private investigator in London.
“We have been advised against it because there are legal implications” he said.
MACC officers were scheduled to interview him in London between July 5 and July 7.
Shukri said all of the other witnesses in the case had been interviewed except for him.
He pointed out that Balasubramaniam was their main witness.
“He is not our enemy. Without him we cannot complete our investigations,” said Shukri.
He said they will inform his lawyers officially tomorrow.
Shukri also pointed out that Balasubramanium had previously indicated his willingness to testify in court.
He said it would be better for him to return to Malaysia to help investigations.
MACC Legal Director Datuk Abdul Razak Musa said the validity of Balasubramaniam’s statement would not be recognised by local courts if it was recorded overseas.
He said the precedent was set in the case of Tan Sri Eric Chia, where a statement recorded overseas was not accepted.
Abdul Razak said this was similar to the stand MACC was adopting in the inquest of Teoh Beng Hock.
They maintain pathologist Dr Pornthip Rojanasunand should not be allowed to testifying from Thailand but should return to Malaysia.
Balasubramaniam had linked Prime Minister Datuk Seri Najib Razak to Altantuya in a statutory declaration made on October 27 2008.
But he retracted his claims via another sworn declaration the next day before leaving the country.
Najib has denied knowing Altantuya, who was murdered four years ago.
In October last year, Balasubramaniam emerged from hiding to claim that his first declaration was true and that he was offered RM5million to retract his statement.
Cancellation of the interview with Bala is expected because what Bala says at the interview will have a tremendous impact on UMNO and the political survival of Najib.
Why are we not surprised.
Tomorrow…no case as there is no witnesses.
It will be based on hearsay…with no live interviews.
How smart can MACC be?
Such an important case…yet not interested to interview most important man on the murder of Atlantuya?
Malaysians are no fools.
MACC is playing politics instead of fighting hard for justice for Malaysians.
It is of little surprise the latest move by the MACC not to interview Mr Bala in London on the advise of AG because whatever recorded in London and if brought to the knowledge of the Malaysian public will have a tremendous repercussion on UMNO political image viz the 13GE.as no cover up can take place.Only God knows the hidden hands behind Altantuya murder and if that person is still around the day of judgement will surely come not only to the person/persons involved but their descendants for generations to come.Whatever the outcome of this investigation it is questionable a just decision will be obtained.
Will just state the obvious…THE MACC AS EXPECTED…CHICKENED OUT…
One say go interview…another say no go.
One for doing the right thing.
The other takes orders from Najib.
Who is who..which is which?
Whatever it is…..umpteen times we have witnessed the contradictions and change of actions.
Only a crooked government can be that snaky….and why all that?
Trying so hard to keep fooling Malaysians..this idea sounds good to get confidence from voters and then found out…truths will kill of votes for Najib…so cancel that idea…move on…what’s next?
Meanwhile a brave judge ordered Police to pay RM1.2M million compensation to a victim died in custody of the police 11 years ago.
Perhaps Kugan and Teoh Beng Hock real truths be accepted and make MACC pay like hell and get some to jail or executed.
That poor soul died 11 years ago was pro PR member..and a Muslim.
Is that all coincidences.. that one who support PR seems to die like a fly under police custody nowadays?
J
As expected, loopholes were found to avoid the questioning thereby diluting and weakening a case.We have examples the world over how reigning heads were brought down by the laws of the countries concerned.If we allow leaders to go free it will indicate that future leaders will do whatever they like and go free.Malaysia being a Democratic country will have its freedom buried in the near future.We might have to think of any other form of government perhaps Najibmahathirism.
The fact of the matter is who dares? Huh? Who dares to travel to uk to question/interview bala? In jibby land they all, yeah each and every one of them, act like big bullies. And what comes out of their back orifice is law! And they can get away. They know it well. Very certainly. But in uk? Oh no. Not there.
And there is another problem. In jibby land umno people (btw macc is under umno’s control like many other supposedly independent bodies) can demonstrate their stupidity with impunity. E.g. using isa arrest to protect innocent people and claiming good wrongdoings to be better than bad wrongdoings. And they actually do so quite confidently. In uk? Try it in uk? Wanna?
Kiu chui.
Shook Sui.
Shrink.
Errr where is cheng ho? Send him.
After what happen to our MR TEOH BENG HOCK, Bala definitely making the correct choice!
By the way, lets BOYCOTT the Mamak store at the ground floor of TESCO Jalan Udini, Penang for NOT RESPECTING OUR CHIEF MINISTER MR LIM GUAN ENG for not putting up our CM’s Photo in the premises…do feel free to go there and have a look for yourself!
I was not the least bit surprised by this no show. In fact, I was expecting it. But what really surprised me was the amateurish manner and excuses given at the last minute for the no show.
This proposed interview has been bandied about for months. Even until about 2 weeks ago, the MACC was still claiming it was going ahead with it. Common sense would dictate that during all these time it would have checked with all the relevant authorities (including the AG) if it was sincere and serious about it. And to claim at the eleventh hour that the AG has advised against it makes the MACC looks like a bunch of clowns who either does not what it is doing or this was just a lame excuse because up till the eleventh hour they have not managed to find any credible reason to avoid the interview. Either way, it has further made Malaysia an even bigger laughing stock and dragged MACC’s credibility to new lows. It also has succeeded in amplifying and further confirming the long held suspicion that there is a large scale attempt of a conspiracy at the highest level to a cover up and that the authorities has no intention to get the truth out in the open.
MACC and the Govt has shot both its foot with this chickening out without a good reason.
correction
” bunch of clowns who either does not know what it is doing…”
This Malaysia Assoc Cars And Cows is just a toothless tiger. Its a tool used by their masters in UMNO/BN. To justify their existence, what they do is to interview…question…again and again. In the end either everything forgotten or no evidence, witnesses….case close as usual. Or they will dilly dally showing the rakyat they are doing something by questioning witnesses. After a while everything will be forgotten. So far have they prosecute any big greedy sharks or murderers in PFKZ, Scorpion sub scandal, the brutal murder of the Mongolian woman, the missing info from the Immigration of the Mongolian woman, to name just a few?? Big FAT ZERO.
The previous ACA was bad, but this agency formed by our flip flop sleepy lame duck ex-PM is totally a waste of money, time and a laughing stock to the whole world.
Laws are man made.
And in this land, it means they are made by UMNO/BN.
So, if they are really interested in having a fair hearing, why should there be laws to make it difficult?
Anyway, Bala can still go ahead and give his version freely in the UK (or elsewhere) since he will not be under duress from anybody and Malaysians will ultimately know the truth, the whole truth and nothing but the truth!!!
one man to blame for prostituting our security and justice systems in this country – mamaktahi. top with icing, now he is the head of malaysian ku-klux-klan type organisations. he is as crooked as the bridge he proposed to build to singapore.
he is a muslim, but with loud mouth he wants to legalise gambling. might as well legalise corruptions. to think of that….he already did. d@mn this man…he is really crooked.
MACC–>Mesti Ada Corruption Cases
Flip flog again,undecisive and just play play only. Soon bankrupt lah.
MACC’s decision to pull out was not unexpected, just wondering how long it would take them to come out with an excuse, what a sandiwara!!!