September 21, 2012
MACC Panel: Cecil Abraham not endangered in closing case
by http://www.malaysiakini.com (12-20-12)
The Malaysian Anti-Corruption Commission's (MACC) Operations Review Panel clarified today that comparison counsel Cecil Abraham, who was allegedly associated to private eye P Balasubramaniam's second orthodox stipulation (SD), had no hand in a panel's preference to stop a examination opposite a latter.
"The Operations Review Panel would similar to to state that one of a row members, Cecil Abraham, was not benefaction nor endangered in a meeting," row chairperson, Tan Sri Hadenan Abdul Jalil pronounced in a make a difference today.
He pronounced a box associated to Balasubramaniam's second SD was discussed during a panel's meeting upon Nov 8, 2012, as well as a row had concluded with a Deputy Public Prosecutor's preference to stop a examination upon grounds that a testimonies given by vital witnesses were not supported by alternative witnesses, as well as a credibility of a vital witnesses was disputable.
Since final week, Malaysiakini has attempted to contact Cecil, who is a comparison partner of a authorised organisation of Zul Rafique as well as Partners, by telephone, writing, mock-up as well as email, yet has nonetheless to embrace any response.
Hadenan (right) was responding to articles published in a online media associated to MACC's examination upon Balasubramaniam's second SD.
The e manate arose final month when Deepak Jaikishan, who has claimed to be privately endangered in a 'flipping' of Balasubramaniam, finished a array of explosive revelations, together with a allegation that dual lawyers a comparison counsel as well as his son were endangered in drafting a second SD.
In a first SD, Balasubramaniam associated Prime Minister Najib Abdul Razak to Mongolian inhabitant Altantuya Shaariibuu who was murdered by dual military officers in 2006, yet he signed a second SD a subsequent day to repudiate Najib's involvement.
Check-and-Balance Mechanism
In an interview with PAS organ Harakah last week, Deepak had associated how a comparison counsel had drafted as well as rebuilt a document along with a latter's son, yet usually his son came to see a alternative parties endangered during a road house in Kuala Lumpur, where Balasubramaniam was allegedly "kept".
The lawyer's name was presumably referred to by Deepak in a interview that has been posted upon YouTube, with a name edited out.
In a make a difference today, Hadenan stressed that a row functions as a check-and-balance mechanism in a MACC, where all investigations finished by a commission will be submitted to a row members for their feedback.
"The row members consist of those with expertise as well as who paint professional bodies, as well as they have decisions without interference from any party.Hence any make a difference that doubts a transparency as well as autonomy of a operations examination row is most regretted," he said, adding that a MACC would reopen investigations if there were new as well as relevant statements.
However, Hadenan's make a difference does not mention either Cecil was endangered in Balasubramania! m's seco nd SD.
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http://www.malaysiakini.com (12-20-12)
Americk Singh Sidhu's Press Release
The following is a press recover in full by Americk Singh Sidhu, who is a counsel for former private eye P Balasubramaniam.
There has been most conjecture in a press recently over a temperament of a "Tan Sri counsel as well as his son" who were both presumably endangered in a credentials of my client's 2nd orthodox stipulation (SD), a essence of that were specifically written to repel a allegations finished in his progressing orthodox stipulation as well as to state that my client, Bala, was 'compelled' to have those allegations 'under duress'.
The reasons for this purported 'compulsion' heading to a purported 'duress' were never explained in a 2nd SD.
As far as we am concerned, a 1st SD was transcribed, constructed as well as in a future affirmed by my customer over a period of dual months during that time every item was painstakingly checked as well as cross-checked to safeguard a top accuracy. There was never any reason for my customer to repel those essence unless he had been forced to, that is right away apparent.
Let me have it really clear that my customer does not know a temperament of a lawyer(s) who drafted this 2nd orthodox declaration. He had not instructed any counsel to do so. This is given a essence of his 1st orthodox stipulation were loyal to a most appropriate of his knowledge as well as belief. Therefore there was never any necessity to alter a essence of his 1st SD. However, Bala was forced to pointer a 2nd SD given of a threat to a reserve of his mother as well as children.
My customer was presented with this 2nd SD when he was being hold in a room during a Hilton Hotel, KL Sentral, upon a sunrise of Jul 4, 2008. In a road house room with him during that time were Deepak Jaikishan (left), his brother Dinesh as well as one ASP Suresh.
At about 8am Deepak received a phone call from a reception desk informing him that a little papers had usually been delivered to a hotel. Dinesh went to collect them as well as brought them back to a room.
A few minutes after an aged Malay gentleman turned up during this room. His name was Zainal Abidin bin Muhayat. He introduced himself as a government official for oaths as well as proceeded to demonstrate Bala's signature upon a 2nd SD. Bala had not read a essence of this 2nd SD. He was merely requested to pointer it. This government official for oaths afterwards placed his stamp over his own signature.
The address upon this stamp is Suite 17.01, 17th Floor, Menara Pan Global, Lorong P Ramlee, Kuala Lumpur. It has been pointed out that this address is a same as that of a law organisation of Zul Rafique & Partners in 2008. we creed this Commissioner for Oaths must have been operative from this office, unless of march a fake address had been used.
The Commissioner for Oaths afterwards sensitive Deepak to have certain he showed my customer where his bureau was situated while Deepak was driving Bala to a Prince Court Hotel for a press discussion scheduled to take place after that morning.
Concern of a Commissioner of Oaths
This Commissioner for Oaths was endangered that Bala would know just where his bureau was as a government official for oaths is usually ostensible to demonstrate signatures during a premises during that he is registered. He longed for to safeguard Bala knew where h! is burea u was situated in a event he was asked. Deepak however, did not show Bala where this bureau was.
At a Prince Court Hotel, Bala was hold in an area above a categorical run where he was
introduced to a counsel named Arunampalam, whose participation during a road house had been organised by Deepak. This counsel sensitive Bala that he was not to say anything to a press, who were waiting in a categorical lobby, as he, Arunampalam, would do all a talking.
Bala had never met this counsel Arunampalam before that as well as conjunction had Bala intent him to paint him in a scheduled press conference.
At a discussion that followed, Arunampalam handed out copies of a 2nd SD to all a reporters benefaction as well as sensitive them that Bala (right) had been forced to pointer a 1st SD under duress. This, of course, is all untrue.
The usually compulsion Bala had been under was when he was forced to pointer a 2nd SD as threats had unequivocally been finished to a wellbeing of his mother as well as young kids by both Deepak as well as Nazim Tun Razak. These threats have been documented in progressing revelations Bala has finished as well as are in a public domain. Both Deepak as well as Nazim Tun Razak have not denied these allegations.
It is pertinent to note that while this press discussion was being hold during a Prince Court Hotel, Bala's mother as well as young kids were during a immigration dialect during Pusat Bandar Damansara with Deepak's secretary, a Miss Wong, carrying their passports hastily processed for a intended moody from Malaysia, due to take place that really afternoon.
This was one of a conditions imposed by Deepak as well as a parties behind him as a pledge for a reserve of Bala's mother as well as children.that they immediately leave a country until such time that Najib Tun Razak became prime minister.
Having laid out a resources in that Bala was finished to pointer that 2nd SD, we would right away instruct to criticism upon a conjecture surrounding a lawyers endangered in scheming that second SD.
The Bar Council President, Lim Chee Wee, has finished a make a difference to a effect that a Bar Council would no disbelief titillate a Advocates & Solicitors Disciplinary Board to examine this make a difference should a censure be lodged opposite a lawyers who rebuilt this second SD.
I instruct to explain a position during present.
Bala is incompetent to lodge a censure with this Disciplinary Board for a elementary reason he is incompetent to brand a lawyer(s) who attended to a drafting of that 2nd SD, as this was finished in his absence as well as without his permission.
All he is means to do during this indicate in time is to endorse that he had not instructed any counsel to hope for that 2nd SD, nor was he benefaction before a counsel when it was being prepared. The essence of that 2nd SD are additionally all false.
Deepak has left upon jot down to say that a lawyers endangered in a credentials of that 2nd SD were in fact a 'Tan Sri as well as his son who is additionally a lawyer'.
This make a difference has, in a circumstances, publically perpetrated, by slur as well as deduction, a identification of Tan Sri Cecil Abraham (left) as well as his son Sunil as a possible culprits due to a strange array of coincidences, that in ! themselv es are indeed unfortunate.
I instruct to place upon jot down that we find these allegations extremely surprising as we know Cecil personally. He is a attorney of a top integrity with during least 40 years of exquisite use to a Malaysian Bar as well as is hold in tall venerate by all those who have had a privilege of creation his acquaintance, both privately as well as professionally.
Bar Council President must act
It is therefore unthinkable that someone who possesses such an inbred clarity of dignity, integrity as well as professionalism as well as who has dedicated over 40 years of his hold up in support all that is sacrosanct to a honour of being a part of of an historically noble profession, would in any way so blatantly compromise those ideals by partaking in something as vulgar as well as as insane as knowingly formulating a fake make a difference to be sworn by someone he had never met, under resources of viewable compulsion as well as coercion, knowing during all times that we was representing Bala.
It is for this reason Bala will not, during this indicate in time, be lodging a censure with a Advocates & Solicitors Disciplinary Board for a elementary reason he is incompetent to brand a counsel (or lawyers) endangered who were endangered in scheming a knowingly fake orthodox stipulation without any instructions from him to do so.
As this is a rsther than serious matter, might we suggest that a President of a Bar Council organize a elementary email to be sent to all members of a Malaysian Bar requesting that a member(s) responsible for drafting that 2nd SD do a right thing as well as have themselves known, as it appears trusting parties might be publicly falling victim to a censure game as well as finger pointing that has emerged given Deepak's revelations, to that we positively do not subscribe.
Americk Singh Sidhu
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