Tuesday, July 22, 2008

For Anwar, a First Step Is Not a Misstep

IGP sues Anwar for defamation
By : Sushma Veera
pix: Kamarul Hisham Kamaruddin, lawyer for Inspector-General of Police Tan Sri Musa Hassan, leaving the High Court Registry after filing the suit against Datuk Seri Anwar Ibrahim yesterday
KUALA LUMPUR: Inspector-General of Police Tan Sri Musa Hassan is fighting the allegations that he fabricated evidence against Datuk Seri Anwar Ibrahim more than a decade ago.
Three weeks after a police report was lodged against him by the Parti Keadilan Rakyat de facto leader, Musa yesterday broke his silence and countered with a suit.
Earlier, the IGP had given Anwar 48 hours to apologise over the police report, which Musa described as "malicious, slanderous and libellous".
The apology did not come and Musa yesterday filed suit through his counsel, Kamarul Hisham Kamaruddin, at the High Court Registry.
The suit was filed on a day when Anwar went public with more allegations of Musa fabricating evidence against him in 1998 (See Page 6 (print version –ed.) ).
At almost the same time that Musa's suit was filed, Anwar was at the Anti-Corruption Agency giving his statement on the report he had lodged on July 1.
In that report, he accused Musa and Attorney-General Tan Sri Abdul Gani Patail of fabricating evidence during investigations into the "black eye" incident in 1998.
Anwar was assaulted by the then inspector-general of police, Tan Sri Abdul Rahim Noor, while being detained at the federal police headquarters in Bukit Aman.
In the investigations that followed the assault, Musa was the investigating officer while Abdul Gani was the head of prosecution at the Attorney-General's Chambers.
Musa, in his statement of claim, said Anwar's police report, in its natural and ordinary meaning, alleged that the IGP had misused his power to fabricate evidence.
"It also indicated that I was dishonest and an irresponsible person," Musa said. He contended that by lodging the report, Anwar had committed defamation repeatedly when he allowed the report to be reproduced on several websites, including his own blog, which is accessible by the public.
Musa argued that Anwar had acted as such to:
- divert public attention and focus away from the sodomy accusation by Mohd Saiful Bukhari Azlan;
- influence the public into thinking that the sodomy accusation was a political conspiracy against him; and
- to destroy any credible evidence and statements gathered by the police and witnesses in the likelihood that he is charged.
"As such, Anwar lodged the police report not to report facts but to support and justify his accusations."
The IGP claimed an unspecified amount in damages for slander and sought an injunction restraining Anwar, his servants or his agents from further publishing the defamatory words, costs and other relief deemed fit by the court.
In an immediate response, Anwar said: "I will deal with it (the suit) in court. I will be happy to face him in court."

Top cop sues Anwar for defamation
KUALA LUMPUR, July 21 — Inspector-General of Police Tan Sri Musa Hassan (picture) filed a defamation suit against Datuk Seri Anwar Ibrahim at the Kuala Lumpur Civil High Court at 11am today for alleging that he fabricated evidence in the former deputy prime minister's black eye assault 10 years ago.
The suit was filed through his lawyers Kamarul Hisham and Hasnal Rezua and it is for an unspecified sum, although Kamarul confirmed that in the earlier letter to Datuk Seri Anwar Ibrahim demanding a retraction of his alleged defamatory statements, the amount specified then was RM5 million.
In a move designed to put pressure on Anwar, the lawsuit is a follow up to Musa's letter to Anwar dated July 11 asking the Parti Keadilan Rakyat de facto leader to apologise to him within 48 hours or face a legal suit.
Anwar lodged a police report on July 1 accusing Musa and Attorney-General Tan Sri Abdul Gani Patail of fabricating evidence for his black eye assault by former police chief Tan Sri Abdul Rahim Noor the night of his arrest in September 1998.
Musa was then the investigating officer while Abdul Gani was the senior deputy public prosecutor for his sodomy case.
Musa told Bernama last week that he would be filing the suit against Anwar. The Anti-Corruption Agency has taken statements from Musa and Abdul Gani as well as Anwar over the allegations which both government servants claim are false.
Police arrested Anwar after the ACA interview last week for a fresh sodomy complaint against him, which he denies and claims is politically motivated.
After being freed on police bail, he has restarted a nationwide political roadshow to defend against the sodomy accusation and to reiterate his claims that both fabricated evidence.
Anwar is at the ACA this morning for further statements.

Anwar welcomes IGP lawsuit
By Shannon Teoh
pix: Anwar gives the thumb’s up after giving his statement to the ACA this morning. — Picture by Choo Choy May

PUTRAJAYA, July 21 — Saying he "will be happy to take this in court", Datuk Seri Anwar Ibrahim today welcomed Inspector-General of Police Tan Sri Musa Hassan's lawsuit against him for alleging the national police chief and attorney-general had fabricated evidence in his black eye assault 10 years ago.
Musa filed a defamation suit in the Kuala Lumpur High Court earlier today. Attorney-General Tan Sri Abdul Gani Patail is said to be considering a similar suit.
The opposition leader also reiterated that "I did, I was, I had to strip naked" despite a denial from the Kuala Lumpur Hospital over his medical examination in relation to a sodomy complaint by his former male aide. This is the second such accusation against Anwar in a decade, both of which he denied and said is politically motivated.
Anwar maintained that he was "saddened that the director (of the hospital) was forced to give such a statement but I never said I was forced to strip. I was asked to give evidence and even though the form that was used was that for a rape victim I had to concede if not some local media will say I was not cooperative."
He gave further reasons why he refused a DNA sample: "The forensic doctor in the first trial made a statement in court under oath that the police took my blood without permission."
He added that since his blood was taken without consent in the 1998 sodomy case, he had given another five samples up to 2004 for purposes of monitoring his health, alluding to the fact that there was enough of his DNA already available.
Anwar also expressed appreciation with Prime Minister Datuk Seri Abdullah Ahmad Badawi's assurance that Musa and Gani would not be involved in the current sodomy investigations but regretted that "it is a month too late."
"Proceedings have gone, information extracted and all the issues generally quite resolved but at least there is an acceptance that these two cannot be trusted in dealing with my case, but whether they have a lot of influence and say within the police force and A-G's chambers remains to be seen," he added.
He also hit back at claims that he was politicising the ongoing sodomy probe.
"The minister of health said I was politicising it. But who is politicising it? The prime minister, deputy prime minister, home minister — everybody is coming in. I am a vulnerable citizen against the might of the entire government."
Anwar remained confident of his plans to take over the federal government despite what he called "a pattern to demonise and intimidate me."
"Clearly I am seen as a threat because Pakatan wants to pursue an agenda for reform. We are on track to take over the government."Meanwhile, ACA deputy director-general Datuk Abu Kassim Mohamed said the agency is investigating Anwar's complaints against the IGP and A-G without referring to the A-G's Chambers.

ACA to wrap up probe soon into allegations against Musa, Gani PUTRAJAYA: The Anti-Corruption Agency is expected to wrap up this week its investigation into allegations by Datuk Seri Anwar Ibrahim that Attorney-General Tan Sri Abdul Gani Patail and Inspector-General of Police Tan Sri Musa Hassan had tampered with evidence in 1998.
ACA deputy director-general Datuk Abu Kassim Mohamed yesterday said all witnesses had had their statements recorded.
"We are satisfied with the evidence and statements given so far. If there is a need to call these witnesses, including Anwar, Musa or Abdul Gani, we will do so," he told a press conference minutes after Anwar, the former deputy prime minister and Parti Keadilan Rakyat de facto leader, left the agency's head office after having his statement recorded for the second time over the allegations.
Anwar had his statement recorded for the first time on Wednesday. On the same day, he was detained by the police in connection with a sodomy allegation against him by his former aide. He was released on police bail.
Abu Kassim said the ACA would decide on the case without referring to the attorney-general.
"There are certain cases which we do not have to refer to him and this is one of them. Even the A-G has made it known that this case did not have to be referred to him as he had been implicated.
"We will study the evidence with our legal director, without fear or favour. The investigation papers will also be studied by our legal director and deputy public prosecutors."
He said there were 31 DPPs in the agency.
On July 11, Musa and Abdul Gani were seen entering the ACA head office, without being accompanied by lawyers.
ACA investigations director Datuk Shukri Abdull had said the agency had questioned 15 people in connection with Anwar's report.
Anwar and his camp have maintained that the latest sodomy allegation was an attempt to divert attention from the fact that he had evidence to prove that Abdul Gani and Musa had fabricated evidence against him 10 years ago in connection with his assault after he was arrested.
A Royal Commission of Inquiry into the incident determined that the then inspector-general of police Tan Sri Abdul Rahim Noor had assaulted him. Rahim later pleaded guilty to the charge and was sentenced to two months' jail.

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