Ex-cop: How AG interfered in 'black eye' case

A retired senior police officer who probed the infamous ‘black eye’ incident involving Anwar Ibrahim in 1998 has made startling claims on how attorney-general (AG) Abdul Gani Patail allegedly tampered with evidence in the case.

In a set of court documents revealed this week, Mat Zain Ibrahim implied that the actions of Abdul Gani, then a senior deputy public prosecutor, delayed the investigation process and concealed facts from then AG, the late Mohtar Abdullah.

Malaysiakini contacted Abdul Gani’s office for comments today, but has yet to receive a response to the voice-mail message.

Mat Zain, who had led the investigation team, made his revelations in a 18-page statement of claim in a RM30 million defamation suit that he filed against Opposition Leader Anwar Ibrahim on Aug 11, in the Shah Alam High Court. Mat Zain retired from the police force in 2001.

He claimed he had been defamed in Anwar’s police report lodged on July 1 implying that he had fabricated evidence relating to the ‘black eye’ incident (left), in cooperation with Abdul Gani and inspector-general of police (IGP) Musa Hassan (while a senior investigation officer in 1998).

In his statement of claim, Mat Zain pleaded innocence to Anwar’s claims and instead pointed the finger at Abdul Gani by recounting how the latter had allegedly interfered in the case.

Mat Zain’s claims were first made public on Wednesday, during Anwar’s sodomy trial in the Kuala Lumpur Sessions Court. Anwar’s lawyer Sulaiman Abdullah had read out the document in court during submissions on why Abdul Gani should not be involved in any aspect of the sodomy case.

However, the media was told not to report the details pending the court’s decision on the admissibility of the evidence. The gag order was lifted yesterday.

According to the document, Mat Zain was instructed on Sept 27, 1998 by then IGP Abdul Rahim Mohd Noor to head an investigation team, after Anwar lodged a report that day that he had been beaten up while in police custody, thereby sustaining injuries including a ‘black eye’.

Mat Zain said he had immediately instructed two forensic experts, Dr Halim Mansar and Dr Zahari Noor, from the Kuala Lumpur Hospital to examine Anwar.

Abdul Rahim met him privately that night and told him to conduct an in-depth investigation and “to leave no stone unturned” in order to uphold the image of the police force, he said in the document written in Bahasa Malaysia.

“I was ordered to only brief Rahim and (Mohtar) on the progress of the investigation and given the assurance that no other senior police officer will disrupt me in carrying out my duty.”

A similar message was conveyed to Mat Zain in a meeting with then premier Dr Mahathir Mohamad (right) about two weeks later, to brief the latter on the progress of the investigation.

“During that meeting, I explained what actually happened to Anwar and identified the person who hurt him.

“The prime minister advised me that there should be no cover-up in the probe and stated that the government may set up an independent commission to investigate the case if there is any attempt to cover up the incident; (and if a commission had to be appointed) would tarnish not only the credibility of the police force but also mine,” the document added.

On Oct 16, 1998, Mat Zain said he met with Abdul Gani to hand over his first investigation report, after directed to liaise with him because Mokhtar was busy with official duties.

Gani's Role Explained

Abdul Gani’s alleged interference came into the picture when Mat Zain alleged in his court document that:

- A questionable medical report was prepared by one Dr Abdul Rahman Yusof, allegedly on Abdul Gani’s order.

Mat Zain stated that he found out there was an attempt to “insert irrelevant and suspicious statements” into the investigation report, especially in relation to “Abdul Rahman’s report which was done on the instructions of Abdul Gani” (right). Mat Zain said he was confident that Abdul Rahman has never examined Anwar physically.

- Mat Zain claimed he had obtained information that Abdul Gani was on the 30th floor of the federal police headquarters in Bukit Aman when Anwar was assaulted and he believed Abdul Gani knew of the incident either at the time or soon after.

- On Oct 30, 1998, Mat Zain personally handed over his second investigation paper and report to Abdul Gani, and briefed him on the details. Among the conclusions were that the Anwar’s injury was consistent with assault and not self-inflicted; and that Abdul Rahim was the person who caused the injury.

- Although two investigation reports had been given to Abdul Gani on Oct 26 and 30 respectively, Mohtar was quoted in the media on Nov 7 as saying that his chambers had not received any such report.

- It was only on Nov 20 that Mohtar reportedly said he had received the report. Mat Zain said he believed Mohtar’s statement was made after he (Mat Zain) had “pressured” Abdul Gani a day earlier to confirm the status of his two reports.

- On Nov 25, Musa informed Mat Zain that Mohtar wanted to meet him (Mat Zain) at Bukit Aman and to visit the lock-up where Anwar was held. Musa and Abdul Gani were present during the visit.

- Mat Zain later found out that Abdul Rahman’s second medical report had mentioned there was a visit to the lock-up (where Anwar was held) and a “reconstruction of the incidence”, where Mat Zain was named as the person who had accompanied Abdul Rahman to the lock-up. Mat Zain denied this had ever taken place.

- On Jan 6, 1999, Mohtar (left) had reportedly said Mat Zain’s investigations were incomplete and that the latter had yet to identify the perpetrator (despite the findings given to Abdul Gani on Oct 30, 1998).

- Mat Zain said he “believed Abdul Gani concealed important facts from Mohtar’s knowledge” and had personally appointed Abdul Rahman as the medical officer to prepare the report in October 1998. His conclusion was based on the fact that Mohtar had only appointed Abdul Rahman two months later.

- Mat Zain said Abdul Rahman later testified before the royal commission on the ‘black eye’ incident in March 1999 and gave conflicting statements with regard to his own findings. The proceedings came to an end when Abdul Rahim admitted that he had caused the injury to Anwar.

At the end of his court document, Mat Zain vehemently denied Anwar’s accusation that he had plotted any fabrication of evidence with Abdul Gani and Musa.

“The truth is I had acted to the best of my abilities to prevent any party from influencing me to do anything unlawful while investigating Anwar’s injury,” Mat Zain said.

Musa filed a defamation suit against Anwar on July 21 while Abdul Gani has threatened to do the same.