..And His Boss,the Head of the Malaysian Judiciary
Profile of Chief Justice Tan Sri Zaki Azmi:
Prior to Tan Sri Zaki Azmi being appointed as Chief Justice of Malaya on 21st October, 2008, he was an UMNO member and served as a Legal Advisor to UMNO. His previous position in UMNO was as the Chairman of UMNO's Disciplinary Committee.His ties to UMNO is too deep for him to ensure the independence of the judiciary especially in cases involving the interest of UMNO or UMNO cronies.
He has only served the judiciary for less than 5 years in total before becoming the Chief Justice, an unprecedented leap-frogging to the top post in the Judiciary with help of the UMNO-led Government. Asia Sentinel reported on 7 December, 2007
"..As UMNO’s legal man, Tan Sri Zaki Azmi was involved with the UMNO's myriad scandalous financial misadventures that were bailed out by the government in the heydays of former Prime Minister Mahathir’s crony-capitalism during the last Asian financial crisis."(Read here for more on background of Tan Sri Zaki Azmi, Chief Justice of Malaya)The Question in Every Malaysian's Mind:
"Where's the Motive for the Murder by Chief Inspector Azilah and Corporal Sirul in the Murder of the Mongolian Woman?Is the Death Sentence by Judge Mohd Zaki Mohd Yasin to Conveniently Silence the Guilt of OTHERS in High Places?"
Has Justice Been Truly Served?"Azilah who started his testimony on Jan 15 stated that he NO motive to kill or destroy the woman and instead he only met Altantuya to advise her politely not to harass Abdul Razak Baginda (who was the lover of the murdered victim Altantuya) or create a ruckus outside the latter’s home.
Azilah also told the court that he was ordered by a superior, DSP Musa Safri to help Abdul Razak (Baginda) and thus he would not have done something stupid like killing and what more when he was a policeman.
While defending himself Sirul Azhar broke down a few times and related to the court that he has been made the ’sacrificial lamb’ in the murder.
- The Straits Times ( Read here for more)
In the Statutory Declaration made in full by Abdul Razak Baginda's private investigator P. Balasubramaniam, he claimed POLICE suppressed evidence to protect some personalities, including proof that Mongolian Altantuya Shaariibuu knew (then) Deputy Prime Minister Datuk Seri Najib Abdul Razak.
Read here for more
The High Court today sentenced to death Policemen Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar for murdering Mongolian national Altantuya Shaariibuu, ending one of the longest trials in Malaysian history. The murder victim was the lover of Razak Baginda, 48, a political analyst and close confidante and aide of Najib Razak, the current Prime Minister.
The two were charged in the same year with Razak Baginda, 48, who was accused of instructing them to kill the woman who was allegedly harassing him for money.
The sitting is Judge Mohd Zaki Mohd Yasin, the SAME judge who in October 2008, ACQUITTED Abdul Razak Baginda of abetting in the murder, WITHOUT calling for his defence . Asia Sentinel reported (November 4, 2008) that:Azilah, 33, and Sirul, 37, were found guilty of killing Altantuya, 28, and then blowing up her body in a jungle clearing at nearby Bukit Raja between 10pm on Oct 1, 2006 and 1am the next day."....the decision to free Razak, rightly or wrongly, is regarded by Malaysia’s increasingly cynical citizens as politically charged and powered by his friendship to Najib Tun Razak.
Judge Mohd Zaki, in acquitting the politically well-connected insider, whose associations reach to the very top of UMNO, relied heavily on an affidavit to which Razak Baginda testified shortly after being arrested. The judge said the affidavit absolved Razak of ordering the murder despite the fact that the document raises as many questions as it answers.
The decision by High Court Judge Mohd Zaki Mohd Yasin to free Razak Baginda (last year) kicked off a furor in Malaysia, with legions of outraged bloggers calling the decision a joke. Said one email critic: "How can one help but come to the conclusion that the elite, with the proper connections, can get away with anything?”
In sentencing Azilah and Sirul to death , High Court judge Datuk Mohd Zaki Md Yasin said,"... both Azilah and Sirul had, separately and together, failed to defend themselves “beyond reasonable doubt” against the charge.The prosecution team led by Deputy Public Prosecutor Tun Abdul Majid Tun Hamzah declared: “There’s NOT been the involvement of ANY ONE ELSE... politically or otherwise.”
I find the defence had essentially been one where each of them is blaming each other and one of denial
As such the defence has been both irreconcilable and unbelievable, thus they had failed to raise any reasonable doubt in the prosecution’s case which I find to be irresistibly conclusive on account of the physical and circumstantial evidence adduced before me.
The prosecution has therefore proved the case against the first and second accused beyond any reasonable doubt."
COMMENTARY
Read here, "The Great Malaysian Cover-up" article
Excerpts:
The Great Malaysian Cover-up.. ..is almost complete.
The High Court today sentenced the two Special Ops cops from Unit Tindakan Khas (UTK) to hang for the murder of Mongolian national Altantuya Shariibuu,The Star reports.
Does it surprise you? No? Same here. But this is a case that has shaken the nation. Even as the two cops are sentenced, there are many burning questions that remain unanswered.
Firstly, motive.Azilah who started his testimony on Jan 15 stated that he had NO motive to kill or destroy the woman and instead he only met Altantuya to advise her politely not to harass Abdul Razak or create a ruckus outside the latter’s home.So, the prosecution used both the guys testimony to tie a noose long enough to hang them both.
Azilah also told the court that he was ordered by a superior, DSP Musa Safri to help Abdul Razak and thus he would not have done something stupid like killing and what more when he was a policeman.
While defending himself Sirul Azhar broke down a few times and related to the court that he has been made the ’sacrificial lamb’ in the murder. - The Star.
But what was the motive?
This is NOT serial killing. Certainly not a crime of passion.
Because Altantuya’s entry records and the two cops’ travel records would help to preclude that they even knew the victim.
Entry records erased, you say? Oops…but that’s another story.
I reiterate, why is the most obvious question not answered? Motive?
You can narrow it down to two things.1) Following a direct order from a superior.Where is the money? I’ve said this again and again.
2) Money.
These two convicted killers probably was approached for a reason, and the reason was not their typing skills, that’s for sure.
The chain that’s supposed to link Azilah/Sirul to Altantuya has another link.
Without this link, the whole case is questionable. Yet, in Malaysia it happens.
Kudos to Bolehland.
What about the private investigator Bala who made two Satutory Declarations that contradicted each other, and then disappeared? The judge didn’t think there was anything here?
Another thing, you guys think these two cops are really gonna hang for their crimes? I’m skeptical.
So, pardon my 10 cent-conspiracy-theory. That’s what most cynical, jaded, lie-weary Malaysians are thinking these days.
And why not? This is a country where the custodians of law, public order, governance, justice and freedom can be summed up as “Harapkan Pagar, Pagar Makan Padi”.
Our judges have mostly been castrated or they too are bent. The few who are principled, their days are numbered under One Malaysia, believe me.
Our media has been gagged too long that, their collective balls shrank and that fine thing called investigative reporting has died.
PS. DSP Musa Safri….You can sleep easy tonight. And Razak Baginda, good luck at Oxford.
READ BELOW SWORN STATEMENT BY CORPORAL SIRUL AZHAR
Full Statutory Declaration by P.Balasubramaniam
JULY 3 2008 — Below is the statutory declaration in full made by murder accused Abdul Razak Baginda's private investigator P. Balasubramaniam that claimed police suppressed evidence to protect some personalities, including proof that Mongolian Altantuya Shaariibuu knew Deputy Prime Minister Datuk Seri Najib Abdul Razak."..I, Balasubramaniam a/l Perumal (NRIC No: 600928-08-6235), a Malaysian Citizen of full age and residing at No. 32, Jalan Pelangi 1, Taman Pelangi, Rawang, Selangor, do solemly and sincerely declare as follows:
1. I have been a police officer with the Royal Malaysian Police Force having joined as a constable in 1981 attached to the Police Field Force. I was then promoted to the rank of Lance Corporal and finally resigned from the Police Force in 1998 when I was with the Special Branch.
2. I have been working as a freelance Private Investigator since I left the Police Force.
3. Some time in June or July 2006, I was employed by Abdul Razak Baginda for a period of 10 days to look after him at his office at the Bangunan Getah Asli, Jalan Ampang between the hours of 8.00am to 5.00pm each working day as apparently he was experiencing disturbances from a third party.
4. I resigned from this job after 2-1⁄2 days as I was not receiving any proper instructions.
5. I was however re-employed by Abdul Razak Baginda on the 05-10-2006 as he had apparently received a harassing phone call from a Chinese man calling himself ASP Tan who had threatened him to pay his debts. I later found out this gentleman was in fact a private investigator called Ang who was employed by a Mongolian woman called Altantuya Shaaribuu.
6. Abdul Razak Baginda was concerned that a person by the name of Altantuya Shaaribuu, a Mongolian woman, was behind this threat and that she would be arriving in Malaysia very soon to try and contact him.
7. Abdul Razak Baginda informed me that he was concerned by this as he had been advised that Altantuya Shaaribuu had been given some powers by a Mongolian “bomoh” and that he could never look her in the face because of this.
8. When I enquired as to who this Mongolian woman was, Abdul Razak Baginda informed me that she was a friend of his who had been introduced to him by a VIP and who asked him to look after her financially.
9. I advised him to lodge a police report concerning the threatening phone call he had received from the Chinese man known as ASP Tan but he refused to do so as he informed me there were some high profile people involved.
10. Abdul Razak Baginda further told me that Altantuya Shaaribuu was a great liar and good in convincing people. She was supposed to have been very demanding financially and that he had even financed a property for her in Mongolia.
11. Abdul Razak Baginda then let me listen to some voice messages on his handphone asking him to pay what was due otherwise he would be harmed and his daughter harassed.
12. I was therefore supposed to protect his daughter Rowena as well.
13. On the 09.10.2006 I received a phone call from Abdul Razak Baginda at about 9.30am informing me that Altantuya was in his office and he wanted me there immediately. As I was in the midst of a surveillance, I sent my assistant Suras to Abdul Razak Baginda’s office and I followed a little later. Suras managed to control the situation and had persuaded Altantuya and her two friends to leave the premises. However Altantuya left a note written on some Hotel Malaya note paper, in English, asking Abdul Razak Baginda to call her on her handphone (number given) and wrote down her room number as well.
14. Altantuya had introduced herself to Suras as “Aminah” and had informed Suras she was there to see her boyfriend Abdul Razak Baginda.
15. These 3 Mongolian girls however returned to Abdul Razak Baginda’s office at the Bangunan Getah Asli, Jalan Ampang again, the next day at about 12.00 noon. They did not enter the building but again informed Suras that they wanted to meet Aminah’s boyfriend, Abdul Razak Baginda.
16. On the 11.10.2006, Aminah returned to Abdul Razak Baginda’s office on her own and gave me a note to pass to him, which I did. Abdul Razak Baginda showed me the note which basically asked him to call her urgently.
17. I suggested to Abdul Razak Baginda that perhaps it may be wise to arrange for Aminah to be arrested if she harassed him further, but he declined as he felt she would have to return to Mongolia as soon as her cash ran out.
18. In the meantime I had arranged for Suras to perform surveillance on Hotel Malaya to monitor the movements of these 3 Mongolian girls, but they recognised him. Apparently they become friends with Suras after that and he ended up spending a few nights in their hotel room.
19. When Abdul Razak Baginda discovered Suras was becoming close to Aminah he asked me to pull him out from Hotel Malaya.
20. On the 14.10.2006, Aminah turned up at Abdul Razak Baginda’s house in Damansara Heights when I was not there. Abdul Razak Baginda called me on my handphone to inform me of this so I rushed back to his house. As I arrived, I noticed Aminah outside the front gates shouting “Razak, bastard, come out from the house”. I tried to calm her down but couldn’t so I called the police who arrived in 2 patrol cars. I explained the situation to the police, who took her away to the Brickfields police station.
21. I followed the patrol cars to Brickfields police station in a taxi. I called Abdul Razak Baginda and his lawyer Dirren to lodge a police report but they refused.
22. When I was at the Brickfields police station, Aminah’s own Private Investigator, one Mr Ang, arrived and we had a discussion. I was told to deliver a demand to Abdul Razak Baginda for US$500,000.00 and 3 tickets to Mongolia, apparently as commission owed to Aminah from a deal in Paris.
23. As Aminah had calmed down at this stage, a policewoman at the Brickfields police station advised me to leave and settle the matter amicably.
24. I duly informed Abdul Razak Baginda of the demands Aminah had made and told him I was disappointed that no one wanted to back me up in lodging a police report. We had a long discussion about the situation when I expressed a desire to pull out of this assignment.
25. During this discussion and in an attempt to persuade me to continue my employment with him, Abdul Razak Baginda informed me that:
25.1 He had been introduced to Aminah by Datuk Seri Najib Tun Razak at a diamond exhibition in Singapore.
25.2 Datuk Seri Najib Tun Razak informed Abdul Razak Baginda that he had a sexual relationship with Aminah and that she was susceptible to anal intercourse.
25.3 Datuk Seri Najib Tun Razak wanted Abdul Razak Baginda to look after Aminah as he did not want her to harass him since he was now the Deputy Prime Minister.
25.4 Datuk Seri Najib Tun Razak, Abdul Razak Baginda and Aminah had all been together at a dinner in Paris.
25.5 Aminah wanted money from him as she felt she was entitled to a US$500,000.00 commission on a submarine deal she assisted with in Paris.
26. On the 19.10.2006, I arrived at Abdul Razak Baginda’s house in Damansara Heights to begin my night duty. I had parked my car outside as usual. I saw a yellow Proton Perdana taxi pass by with 3 ladies inside, one of whom was Aminah. The taxi did a U-turn and stopped in front of the house where these ladies rolled down the window and wished me “Happy Deepavali”. The taxi then left.
27. About 20 minutes later the taxi returned with only Aminah in it. She got out of the taxi and walked towards me and started talking to me. I sent an SMS to Abdul Razak Baginda informing him “Aminah was here”. I received an SMS from Razak instructing me “to delay her until my man comes”.
28. Whist I was talking to Aminah, she informed me of the following:
28.1 That she met Abdul Razak Baginda in Singapore with Datuk Seri Najib Tun Razak.
28.2 That she had also met Abdul Razak Baginda and Datuk Seri Najib Tun Razak at a dinner in Paris.
28.3 That she was promised a sum of US$500,000.00 as commission for assisting in a submarine deal in Paris.
28.4 That Abdul Razak Baginda had bought her a house in Mongolia but her brother had refinanced it and she needed money to redeem it.
28.5 That her mother was ill and she needed money to pay for her treatment.
28.6. That Abdul Razak Baginda had married her in Korea as her mother is Korean whilst her father was a Mongolian/Chinese mix.
28.7 That if I wouldn’t allow her to see Abdul Razak Baginda, would I be able to arrange for her to see Datuk Seri Najib Tun Razak.
29. After talking to Aminah for about 15 minutes, a red Proton Aeroback arrived with a woman and two men. I now know the woman to be Lance Corporal Rohaniza and the men, Azilah Hadri and Sirul Azahar. They were all in plainclothes. Azilah walked towards me while the other two stayed in the car.
30. Azilah asked me whether the woman was Aminah and I said “Yes”. He then walked off and made a few calls on his handphone. After 10 minutes another vehicle, a blue Proton Saga, driven by a Malay man, passed by slowly. The driver’s window had been wound down and the driver was looking at us.
31. Azilah then informed me they would be taking Aminah away. I informed Aminah they were arresting her. The other two persons then got out of the red Proton and exchanged seats so that Lance Corporal Rohaniza and Aminah were in the back while the two men were in the front. They drove off and that is the last I ever saw of Aminah.
32. Abdul Razak Baginda was not at home when all this occurred.
33. After the 19.10.2006, I continued to work for Abdul Razak Baginda at his house in Damansara Heights from 7.00pm to 8.00am the next morning, as he had been receiving threatening text messages from a woman called “Amy” who was apparently “Aminah’s” cousin in Mongolia.
34. On the night of the 20.10.2006, both of Aminah’s girlfriends turned up at Abdul Razak Baginda’s house enquiring where Aminah was. I informed them she had been arrested the night before.
35. A couple of nights later, these two Mongolian girls, Mr Ang and another Mongolian girl called “Amy” turned up at Abdul Razak Baginda’s house looking for Aminah as they appeared to be convinced she was being held in the house.
36. A commotion began so I called the police who arrived shortly thereafter in a patrol car. Another patrol car arrived a short while later in which was the investigating officer from the Dang Wangi Police Station who was in charge of the missing persons report lodged by one of the Mongolians girls, I believe was Amy.
37. I called Abdul Razak Baginda who was at home to inform him of the events taking place at his front gate. He then called DSP Musa Safri and called me back informing me that Musa Safri would be calling my handphone and I was to pass the phone to the inspector from the Dang Wangi Police Station.
38. I then received a call on my handphone from Musa Safri and duly handed the phone to the Dang Wangi inspector. The conversation lasted 3-4 minutes after which he told the girls to disperse and to go to see him the next day.
39. On or about the 24.10.2006, Abdul Razak Baginda instructed me to accompany him to the Brickfields police station as he had been advised to lodge a police report about the harassment he was receiving from these Mongolian girls.
40. Before this, Amy had sent me an SMS informing me she was going to Thailand to lodge a report with the Mongolian consulate there regarding Aminah’s disappearance. Apparently she had sent the same SMS to Abdul Razak Baginda. This is why he told me he had been advised to lodge a police report.
41. Abdul Razak Baginda informed me that DPS Musa Safri had introduced him to one DSP Idris, the head of the Criminal division, Brickfields police station, and that Idris had referred him to ASP Tonny.
42. When Abdul Razak Baginda had lodged his police report at Brickfields police station, in front of ASP Tonny, he was asked to make a statement but he refused as he said he was leaving for overseas. He did however promise to prepare a statement and hand ASP Tonny a thumb drive. I know that this was not done as ASP Tonny told me.
43. However ASP Tonny asked me the next day to provide my statement instead and so I did.
44. I stopped working for Abdul Razak Baginda on the 26.10.2006 as this was the day he left for Hong Kong on his own.
45. In mid-November 2006, I received a phone call from ASP Tonny from the IPK Jalan Hang Tuah asking me to see him regarding Aminah’s case. When I arrived there I was immediately arrested under S.506 of the Penal Code for Criminal intimidation.
46. I was then placed in the lock-up and remanded for 5 days. On the third day I was released on police bail.
47. At the end of November 2006, the D9 department of the IPK sent a detective to my house to escort me to the IPK Jalan Hang Tuah. When I arrived, I was told I was being arrested under S.302 of the Penal Code for murder. I was put in the lock-up and remanded for 7 days.
48. I was transported to Bukit Aman where I was interrogated and questioned about an SMS I had received from Abdul Razak Baginda on the 19.10.2006 which read “delay her until my man arrives”. They had apparently retrieved this message from Abdul Razak Baginda’s handphone.
49. They then proceeded to record my statement from 8.30am to 6.00pm every day for 7 consecutive days. I told them all I knew including everything Abdul Razak Baginda and Aminah had told me about their relationships with Datuk Seri Najib Tun Razak but when I came to sign my statement, these details had been left out.
50. I have given evidence in the trial of Azilah, Sirul and Abdul Razak Baginda at the Shah Alam High Court. The prosecutor did not ask me any questions in respect of Aminah’s relationship with Datuk Seri Najib Tun Razak or of the phone call I received from DSP Musa Safri, whom I believe was the ADC for Datuk Seri Najib Razak and/or his wife.
51. On the day Abdul Razak Baginda was arrested, I was with him at his lawyers’ office at 6.30am. Abdul Razak Baginda informed us that he had sent Datuk Seri Najib Tun Razak an SMS the evening before as he refused to believe he was to be arrested, but had not received a response.
52. Shortly thereafter, at about 7.30am, Abdul Razak Baginda received an SMS from Datuk Seri Najib Tun Razak and showed this message to both myself and his lawyer. This message read as follows: “ I am seeing IGP at 11.00am today … matter will be solved … be cool.”
53. I have been made to understand that Abdul Razak Baginda was arrested the same morning at his office in the Bangunan Getah Asli, Jalan Ampang.
54. The purpose of this Statutory declaration is to:
54.1 State my disappointment at the standard of investigations conducted by the authorities into the circumstances surrounding the murder of Altantuya Shaaribuu.
54.2 Bring to the notice of the relevant authorities the strong possibility that there are individuals other than the 3 accused who must have played a role in the murder of Altantuya Shaaribuu.
54.3 Persuade the relevant authorities to reopen their investigations into this case immediately so that any fresh evidence may be presented to the Court prior to submissions at the end of the prosecutions case.
54.4 Emphasise the fact that having been a member of the Royal Malaysian Police Force for 17 years I am absolutely certain no police officer would shoot someone in the head and blow up their body without receiving specific instructions from their superiors first.
54.5. Express my concern that should the defence not be called in the said murder trial, the accused, Azilah and Sirul will not have to swear on oath and testify as to the instructions they received and from whom they were given.
55. And I make this solemn declaration conscientiously believing the same be true and by virtue of the provisions of the Statutory Declaration Act 1960.
SUBSCRIBED and solemnly declared by the abovenamed
Balasubramaniam a/l Perumal
this day of 2008 )
Before me,
………………………………….
Commissioner for Oath
Kuala Lumpur
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