He said the case related to Balasubramaniam’s second SD was discussed during the panel’s meeting on Nov 8, 2012, and the panel had agreed with the deputy public prosecutor’s decision to stop the investigation on grounds that the testimonies given by major witnesses were not supported by other witnesses, and the credibility of the major witnesses was disputable.
Since last week, Malaysiakini has attempted to contact Cecil, who is a senior partner of the legal firm of Zul Rafique and Partners, through telephone, writing, facsimile and email, but has yet to receive any response.
The issue arose last month when Deepak Jaikishan, who has claimed to be personally involved in the ‘flipping’ of Balasubramaniam, made a series of explosive revelations, including the allegation that two lawyers - a senior lawyer and his son - were involved in drafting the second SD.
In the first SD, Balasubramaniam linked Prime Minister Najib Abdul Razak to Mongolian national Altantuya Shaariibuu who was murdered by two police officers in 2006, but he signed a second SD the next day to deny Najib’s involvement.
Check-and-balance mechanism
In an interview with PAS organ Harakah last week, Deepak had related how the senior lawyer had drafted and prepared the document along with the latter’s son, though only his son came to see the other parties involved at a hotel in Kuala Lumpur, where Balasubramaniam was allegedly “kept”.
In the statement today, Hadenan stressed that the panel functions as a check-and-balance mechanism in the MACC, where all investigations done by the commission will be submitted to the panel members for their feedback.
“The panel members consist of those with expertise and who represent professional bodies, and they make decisions without interference from any party.
“Hence any statement that doubts the transparency and independence of the operations review panel is much regretted,” he said, adding that the MACC would reopen investigations if there were new and relevant statements.
however, Hadenan’s statement does not mention whether Cecil was involved in Balasubramaniam’s second SD.
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