PM denies whistleblowers targeted; Government intention is Fair; Nazri: Confusion in protection of Witness; Source protected as Witness
No Witness Protection Act, say Bar Council, Param
Giam Say Khoon, theSUN
PETALING JAYA (
"Although Section 53 of the Anti-Corruption Act 1997 provides some form of protection, it is not to the extent mentioned by the minister," she told theSun. According to the Anti-Corruption Act, the identity of the person who provided information to the Anti-Corruption Agency shall be a secret between the officer who made the complaint and the person who gave the information, and everything contained in such information, the identity of the person who gave the information and all other circumstances relating to the information, including the place where it was given, shall not be disclosed or be ordered or required to be disclosed in any civil, criminal or other proceedings in any court, tribunal or other authority. Asked whether there is a witness protection programme in the country, Ambiga said there is none. However, she said it was within the jurisdiction of the police to protect a witness like what was done in the Altantuya Shaariibuu murder case. She said the council welcomed the enactment of such a law so that it will encourage honest people to come forward with information on a wrongdoing.
Nazri had said yesterday the source of the video clip could be given a new identity or undergo surgery to be given a new face under the Witness Protection Act. Former United Nations special rapporteur on the independence of judges and lawyers Datuk Param Cumaraswamy said in a statement Parliament had only passed the Evidence of Child Witness Act, making provisions relating to the giving of evidence by child witnesses this year. "I hope Nazri is not confused with the Act. As a de facto minister for law, he should exercise caution and check his facts before making public statements. Incorrect statements such as this could embarass the government," he said.
Parti Keadilan Rakyat president Datuk Seri Dr Wan Azizah Wan Ismail also said she was mystified when Nazri made the statement as the legal division in parliament has confirmed that no such Bill had been tabled for a first reading in the lower house.
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Call For ACA To Focus Probe On Authenticity Of Video Clip
(TI-M) today advised the Anti Corruption Agency (ACA) to maintain its focus on proving the authenticity of a video clip involving a lawyer talking on the handphone on the appointment of judges instead of shifting from that objective.
TI-M president Tan Sri Ramon V. Navaratnam said that as such the ACA should withdraw the notice it had given to two "messengers" who helped the person who recorded the video clip to expose it. The ACA should focus on the investigation pertaining to the authenticity of the video clip and offences purportedly committed in the lawyer’s art of the conversation which was recorded in the clip, he said in a statement.
Navaratnam said TI-M was concerned that the ACA seemed to be shifting the focus to the whistleblowers in the matter. He said the ACA had given notice to the two messengers who helped the person who recorded the video clip, instructing them to expose the identity of the whistleblower or bear the consequences. Navaratnam said the notice stated that failure to comply with the demand would be a breach of Section 29 (c) of the Anti Corruption Act 1997
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The transcript of what PM Abdullah says over the electronic media:
“You interpreted that one as a diversion of issue. Maybe they want to know a little bit more on how they get all these information so that they can further investigate. Because the person who submitted that Video Clip must have more information that might be useful for the panel to make a decision. So it should not be interpreted as a diversion.
Sometimes the public are too quick to express the wrong view about the Government’s intention. The Government’s intention is not to delay; the Government’s intention is not to do something that is not fair. We want to be fair”
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Abdullah, saying it is one thing, practise what you preach is an entire story
Abdullah Promises Thorough Investigation On Video Clip
KEPALA BATAS, Oct 7 (Bernama) -- Datuk Seri Abdullah Ahmad Badawi Sunday reiterated that a thorough investigation will be carried out to determine the authenticity of the video clip of a telephone conversation purportedly between a lawyer and a judge concerning the appointment of judges. The Prime Minister said the government had a responsibility to investigate the allegation and had no intention of diverting the probe to other matters. He said that at times, the people accused the government of trying to divert the investigation when the individual who recorded the scene was questioned, but this meant that the investigation was being carried out extensively. "There is still further investigation being carried out on the matter and we should not make such an assumption," he told reporters here after presenting aid from the Kepala Batas Umno Division to the poor. The Anti-Corruption Agency (ACA) recently recorded statements from Datuk Seri Anwar Ibrahim with regard to the investigation on the authenticity of the video clip. Anwar, who is also the Parti Keadilan Rakyat (PKR) advisor, had told a press conference after giving his statement to the ACA that he was prepared to cooperate fully with the agency and admitted that the video clip was first exposed by him.
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Source Of Video Recording Will Be Protected As Witness
KUALA KANGSAR, Oct 7 (Bernama) -- The government will protect the source of the video recording purportedly showing a lawyer talking to a senior judge over an appointment if the person becomes a witness in the ongoing investigation. Minister in the Prime Minister's Department Datuk Seri Mohd Nazri Aziz (ABOVE) said the witness will not only be protected by the government but will also be given a new identity and a new face through cosmetic surgery. "The protection is stated under the Witness Protection Act," he said when commenting on the refusal by the source of the video recording to assist the Anti-Corruption Agency (ACA) and the special panel to investigate the authenticity of the recording, fearing his safety.
Nazri said the source should not use safety as an excuse as the government has guaranteed his safety. "We have an Act to protect witnesses. If we do not have trust in the government to protect the witness whom can we trust. Surely not Anwar (Datuk Seri Anwar Ibrahim)," he told reporters after giving Aidilfitri goodies at Lubuk Merbau, near here Sunday. Anwar, who is Parti Keadilan Rakyat (PKR) advisor, had said the source of the video recording was prepared to come forward if he is given immunity and protection by a Royal Commission set up to investigate the matter. Nazri said protection is accorded to witnesses in cases investigated by the police and ACA and not only when a Royal Commission is involved. "They may be confused by the law or they simply do not have the tape," he added. Nazri said the panel needs to verify the authenticity of the recording and source to ascertain its validity. "If they do not cooperate, then the authenticity cannot be determined and this will prevent the panel from discharging its responsibility. As such, it is important for them to reveal the source failing which we can conclude that they are lying. "The government will give the witness a new identity. So what is there to be afraid of? There is a Malay saying `Takut Kerana Salah'. I think he is scared because he is in the wrong."
Nazri said it is the government's job to protect sources or witnesses, not the ACA. He added the identity of a protected witness would be kept secret to safeguard him from public persecution
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Video Clip Panel Welcomes Info, Materials From Public
"We cannot compel you ... but you can volunteer to come forward throughour secretariat with your statement or whatever," he told reporters after the panel held its first meeting today.
The three-member panel, which also comprises social activist Tan Sri Lee Lam Thye and former Court of Appeal judge Datuk Mahadev Shankar, met at the office of the Human Rights Commission of Malaysia (Suhakam) at Menara Tun Razak here.
Panel member Mahadev said those who wanted to submit such materials must ensure that they were reliable and relevant. "We have no legal power to compel anybody. We have no power to administer oaths. We have no power to compel witnesses to come to us. We have no immunity under the law either. The only immunity we have is our good faith and our honesty," he said, adding that the panel would function without any interference from anybody. Meanwhile, the Attorney-General, the police and the Anti-Corruption Agency (ACA) have assured the panel of their cooperation. Haidar, a former chief judge of
Patail, Inspector-General of Police Tan Sri Musa Hassan (BELOW)
and ACA Director-General Datuk Ahmad Said Hamdan (BELOW) gave the assurance when they met the panel separately here today.
He said the panel hoped to meet again in two weeks' time and would move on from there.
Haidar said the panel had been given 30 working days from the date of the letter of appointment (Sept 27) to complete its task but added thatit would seek an extension of time if necessary.
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No Ambiguity In The Terms Of Reference For Panel, Says Najib
His words on the electronic media:
“No, No, No they are not supposed to call witnesses. They know the terms of reference. There is no ambiguity. They will work within the terms of reference. They will work very closely with the appropriate Government agencies”
KUALA LUMPUR, Oct 3 (Bernama) -- There is no ambiguity in the terms of reference given to the independent panel set up to determine the authenticity of a video clip showing a lawyer purported discussing judicial appointments with a senior judge, Datuk Seri Najib Tun Razak said today. The deputy prime minister said the panel was not supposed to call witnesses and knew their terms of reference. He was speaking to reporters after launching the book, "Your Rights and the Law", written by the Defence Ministry's Judge Advocate General, Teo Say Eng.
The panel, set up on Sept 25, is headed by former Chief Judge of
Najib was commenting on the panel's power to investigate and verify the authenticity of the video clip.The panel had its first meeting today, attended also by Attorney-General Tan Sri Abdul Gani Patail and Inspector-General of Police Tan Sri Musa Hassan. Asked whether the panel would be able to make conclusions, Najib said it could although it had no power to call witnesses.
Watch the Video Clip (2.02 mins) PM & DMP & NAZRi on the Probe Panel
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MORE PICS – 5 in Toyota Harriet Perished in Early morning Crash into Lorry Km 13.8 Sungei Pelek, Sepang. Sunday,
PREVIEW Next Post
Five die in Sepang accident
By RASHITHA A. HAMID; STAR
PETALING JAYA: Five friends were killed when their four-wheel-drive was involved in a collision with a three-tonne lorry transporting corn seeds near kilometre 13.8 Sungai Pelek, Sepang, towards Port Dickson early Sunday morning.
It is learnt, the five - three men and two women - were on their way back home after attending their friend's birthday celebration in the city when the incident occurred at 6.15am. The five who were from Tanjung Sepat, Banting have been identified as Low Leong Hui, 39, Tan Hui Siang, 25, Lim Kok Wah, 35, Lim Ooi Mooi, 30, and Goo Siok Chu, 42. Low who was driving the Toyota Harrier. It is believed that the car skidded. The lorry was coming from the opposite direction.
All of the people in the car died on the spot and the fire and rescue department took about an hour to extricate the bodies as Low and the two women were trapped under the four-wheel-drive. The bodies were sent to the
PREVIEW Next Post - Day 47 Trial
- Day 47 Trial- 8th Oct 2007 Monday
MORE PICS & Video – Day 47 – Altantuya Murder Trial; Defense Doubts DNA test Results; Forensic Chemist denied the accusations Tests were not carried according to standards
The focus on today’s trial revolved around the credibility of the witness in carrying out a DNA Test. Defence counsel Kuldip Kuma (ABOVE) disputed the credibility of the DNA based evidence presented by the witness and accused the tests were not carried out appropriately.
In cross-examination Dr J.Primulapathi, the director of the Chemist Department’s forensic division denied the DNA tests were carried out all at once instead was conducted one at a time to ascertain the best possible results. He added the tests were also carried out based on internationally recognized DNA testing procedures.
ABOVE & BELOW: the luggages of evidence that were wheeled in on Day 47 Trial
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