EXCLUSIVE
Former premier Dr Mahathir Mohamad, who had played an instrumental role
in the sacking of his then deputy, Anwar Ibrahim, could be investigated
for abetting present attorney-general (AG) Abdul Gani Patail and former
inspector-general of police (IGP) Musa Hassan in fabricating or
concealing material facts.
This is unless Mahathir can show
proof that he had taken necessary action to prevent the two from doing
so, said former Kuala Lumpur Criminal Investigation Department chief Mat
Zain Ibrahim, who was the man in charge in the investigation into
Anwar's black-eye incident.
This, Mat Zain said, follows the
admission by Musa in an interview with
Malaysiakini last
May that he took Anwar's blood sample from Mat Zain's black-eye probe
to conduct DNA test for another case - the one involving allegations of
sodomy - in which Musa was the investigator.
The former prime minister had written in his memoirs,
A Doctor in the House,
that he was convinced Anwar was involved in homosexual activities,
based on information he had gathered from both Musa and then IGP Abdul
Rahim Noor (chapter 53, page 684).
That, and his interrogation
of the alleged victims, had led to Anwar's sacking and later arrest.
Anwar was subsequently charged with committing sodomy, dubbed as Sodomy
I, involving his family's driver, Azizan Abu Bakar.
Mat Zain
also questioned the need for Musa "to steal" Anwar's blood sample from
Hospital Kuala Lumpur (HKL) to conduct DNA tests, when Musa - who was
the investigator in the sodomy and abuse of power allegations - had
allegedly already completed his probe into the two cases.
He further said Musa's admission to
Malaysiakini
also confirmed evidence given by HKL's Dr Zahari Noor during Anwar's
trial in December 1998, that Musa and then ASP Mohd Rodwan Mohd Yusof
had on Oct 15, 1998, forcibly taken Anwar's blood sample kept at HKL -
which was meant to be used for HIV tests but was illegally used by Musa
for the DNA testing.
"These raise questions as to whether Musa (
far right)
had truly completed investigations into the sodomy allegation and had
solid evidence to prove Anwar's guilt, or whether there were hidden
hands instigating or forcing him to fabricate DNA evidence on the
mattress, which led Musa to take it (Anwar's blood sample) from HKL.
Otherwise, what was the purpose?
"Or did Musa do it on his own
initiative, merely to support the evidence that he presented to convince
Mahathir that Anwar was involved in homosexual activities? This is
something that Musa has to answer," he said.
As for Gani, Mat Zain said there was no doubt the present AG
was instrumental in
instigating or forcing Dr Abdul Rahman Yussof of HKL to fabricate a
total of three medical reports in connection with Anwar's black-eye
investigation.
'Mat Zain: I briefed Mahathir'
Anwar was arrested at his residence on Sept 20, 1998, and taken to
Bukit Aman police headquarters. Later that night, he was assaulted in
his cell by then police chief Abdul Rahim Noor.
Anwar
lodged a police report over the assault seven days later, and on that
same day Mat Zain, who was Malacca CID chief, was called in to
investigate.
Eleven days later, on Oct 8, 1998, Mahathir called
Mat Zain to his office where the investigating officer briefed the prime
minister on what he had uncovered in his probe thus far.
"I
told the PM that although the investigation was not fully completed,
there was evidence that Rahim was involved (in the assault)," said Mat
Zain.
"I told him that I can complete the investigations within
two weeks and would be submitting my report and recommendation to the AG
directly."
"The PM nodded in agreement and in fact warned me
that should he discover any cover-up in the investigation, he would form
a RCI (royal commission of inquiry) to investigate the police, and
especially me.
"I had that recorded officially in my
investigation diary, including the part where the PM nodded his head in
agreement. I can vouch that Mahathir knew officially that it was Rahim
who assaulted Anwar on Oct 8, 1998 itself."
Mat Zain said Rahim (
left), also went to see Mahathir after he (Mat Zain) had briefed the then IGP on what transpired at his meeting with the PM.
"After Rahim returned from the PM's office, he told his deputy Norian
Mai and I that he would resign in two days' time and relinquish his post
to Norian.
"We then prepared for Rahim to leave the force. I
suppose Rahim must have discussed his resignation with the PM before
telling us.
"However, later that day, Rahim had a change of
heart after meeting then attorney-general Mohtar Abdullah and Abdul Gani
(who was then chief prosecutor in the AG's Chambers), and he remained
as IGP until Jan 7, 1999 (when he was forced to resign).
"Personally, I do not think Rahim would have wanted to stay as IGP a day
longer, had he not been coaxed to do so by Mohtar and Gani.
"It
is also not possible for Mahathir to not know what was going on or to
be helpless and powerless to do anything about it," he said.
Mahathir's omission
Mat Zain said, Mahathir's failure - intentional or otherwise - to have
Rahim leave the force immediately after knowing the latter was
responsible for the assault, had given time and opportunity for Musa and
Gani to fabricate evidence in the bid to protect the then police chief.
Musa forcibly took the blood sample on Oct 15, 1998, while the role of Gani (
right) in the fabrication of the medical report was done on Oct 26, 1998, just before Anwar's trial started on Nov 1, 1998.
"These would not have been possible or necessary, had Rahim left the week before."
Mat Zain said he first sent his investigation papers on the black-eye
case to the Attorney-General's Chambers on Oct 16, 1998, before the two
weeks was up. There was an acknowledgment receipt issued.
Among
its contents were the medical reports by all eight doctors who had
examined Anwar, and also a copy of his investigation diary that
described in detail his approach and position in the case.
Also
included were details of what had transpired during his 20-minute
meeting with the PM and what had been discussed among Rahim, Norian and
himself, including Rahim's statement on his decision to resign.
Instead of taking immediate actions on his proposal, Mat Zain alleged
that the AG's Chambers lied to the public by declaring on Nov 6, 1998,
that it had yet to receive his investigation papers, despite the
official receipt that had been issued to him.
"That only shows how desperate the AG's Chambers was and how far it was prepared to go in fabricating and falsifying evidence."
Mat Zain argued that Musa's admission during the
Malaysiakini exclusive interview should not be taken lightly.
"I do not think Musa made any mistake there. He would have contacted
Malaysiakini immediately to correct his statement if there had been a mistake. He must have his reasons for making the admission.
"Just look at the admission by former Singapore chief prosecutor Glenn
Knight in connection with the Tan Koon Swan case, which came after
almost 25 years.
"Musa made his after 14 years and I am not the
least surprised if Gani does a ‘Glenn Knight' in a not-too-distant
future. After all, he has no defence.
"Let us wait to hear what Gani has to say about Musa's admission."
Was Mahathir deceived?
Mahathir himself, said Mat Zain, had admitted in his memoirs that he
was initially deceived into believing that Anwar's black eye was
self-inflicted, but later conceded that it was Rahim who assaulted
Anwar.
Like any other human, Mat Zain said, Mahathir too was not
susceptible to deception and indeed he could have been deceived several
times, even by his senior cabinet ministers, for example, im the Dr
Ling Liong Sik case involving Port Klang Free Zone scandal.
"Similarly
in Anwar's case, Musa's admission showed that he did not have the solid
evidence he said he had when he briefed and convinced Mahathir about
Anwar's alleged homosexual activities.
"What
we have before us now are - that Mahathir himself has admitted he had
been deceived about Anwar's injuries and Musa's public admission that he
had indeed taken Anwar's blood sample to test it on the infamous
mattress (
above).
This, Mat Zain said, led him to conclude that Mahathir was deceived by Musa.
However,
he questioned why Mahathir kept quiet when Rahim had initially agreed
to quit after meeting him but made a dramatic about-turn hours later.
Was Mahathir, too, involved in abetting the fabrication of evidence?
"Irrespective of Anwar's or anyone else's alleged wrongdoings, nobody -
not Gani, not Musa and not even prime ministers past or present - have
the right to imprison anyone on trumped-up charges," said Mat Zain.
Chronology of events in Mat Zain's allegations Sept 20, 1998: Anwar
is arrested at his house by a Special Action Unit force. That night, he
is assaulted by then IGP Abdul Rahim in Bukit Aman.
Sept 27, 1998: While
under detention, Anwar lodges a report on the assault. Following the
police report by Anwar, Mat Zain Ibrahim, then the Malacca CID chief,
is called in to investigate the incident.
Sept 29, 1998: Anwar is charged with sodomy and abuse of power.
Oct 8, 1998:
Mat Zain is called to brief then PM Dr Mahathir Mohamad. He tells the
prime minister that the injury was not self-inflicted and that Rahim was
responsible for the injury.
Mahathir warned Mat Zain that there
should not be no cover-up in the investigations or else he would call
for an RCI. The former KL CID chief said he would complete his
investigations within two weeks.
After the meeting with the PM,
Mat Zain briefs Rahim and then deputy IGP Norian Mai. Rahim subsequently
makes an appointment and meets Mahathir for 45 minutes the same day.
Later, Rahim meet Norian and Mat Zain and informs them he will resign in two days and Norian was to take over.
But in a dramatic reversal, Rahim changes his decision to resign after
meeting then AG, the late Mohtar Abdullah, and the present AG, Abdul
Gani Patail.
Oct 15, 1998: Former IGP Musa Hassan ‘steals' Anwar's blood sample.
Oct 16, 1998: Mat Zain submits his investigation papers to the AG's Chambers. However the chambers suppresses this fact.
Jan 7, 1999: Rahim resigns as IGP.
Jan 27, 1999: Following public pressure, Mahathir sets up an RCI on the black eye incident.
April 7, 1999:
The RCI announces its findings that action should be taken against
Rahim for the black eye incident. Rahim is later charged and found
guilty on March 15, 2000. He serves a two-month jail sentence.
March 8, 2011: Mahathir launches his biography,
A Doctor in the House.
May 31, 2012: Musa
admits in an interview with
Malaysiakini that he had taken Anwar's blood sample for DNA testing.