25 September 2018
5 November 2010
Prime Minister Najib Razak has been slammed for trying to halt a probe into several people including his brother Nizam for forcing private investigator P Balasubramaniam into signing a statutory declaration to overturn an earlier one where Bala had implicated Najib and his wife Rosmah in the murder of Mongolian translator Altantuya Shaarriibuu.
According to Bala’s lawyer Americk Sidhu, the Attorney-General’s decision to close the file was aimed at halting embarrassing information from surfacing to implicate Nizam, Rosmah’s business associate Deepak Jaikishan and his brother and a police officer named Inspector Suresh.
This group is believed to have acted with the motive of trying to protect Najib, then the deputy prime minister, and destroy the credibility of the information contained in a previous statutory declaration.
“The A-G can’t afford to investigate further as a whole can of worms would be opened up. That is the reason why he AG closed the file,” Americk told Malaysia Chronicle.
“Nothing is going to happen to the culprits because they are all sitting on the correct divide of the political fence. I don’t think it is a good outcome. It is another attempt at sweeping stuff under the carpet again. This is something they are experts at.”
Several police complaints were lodged and the Malaysian Anti-Corruption Commission was tasked to investigate Nizam and the others for having allegedly bribed and intimidated Bala into signing the second statutory declaration.
Earlier this year, the MACC made a half-hearted attempt to go after Bala but at the 11th hour cancelled a meeting with him in London. Although Najib’s minders rushed to defend the MACC’s withdrawal, it was clear the agency had been instructed by powerful people to stop digging – lest the dirt they found became uncontainable.
“Have the police investigated the culprits who threatened Bala to retract his first SD -Deepak and his brother, Inspector Suresh, Nizam Razak, Rosmah Mansor and the Military Intelligence?” asked Americk.
“If they had, this file certainly would not be closed. If they had done their job properly all the above named persons, including Bala’s ‘lawyer’ Arunampalam (who drew up the second SD) would be in the dock being charged for a variety of offences.”
Americk was responding to Nazri Aziz, the Minister in the Prime Minister’s Department, who announced on Wednesday that the government would be closing the file on the two “conflicting” SDs.
“Although there are contradictions between the two statutory declarations, it did not at all affect the Altantuya trial. Moreoever, it is believed that the individual (Balasubramaniam) is still abroad,” Mohd Nazri had said in a written reply to question posed in Parliament about the status of the government’s probe.
Najib’s two former bodyguards have been sentenced to hang but the obvious question remains unanswered, who ordered the murder?
Malaysia Chronicle appends below a copy of the police complaint lodged by Americk on July 8, 2008 after the second Statutory Declaration emerged. .
I, AMERICK SINGH SIDHU NRIC NO 561129-71-5251 hereby lodge the following complaint :
(1) I am practising as an Advocate and Solicitor in Malaysia.
(2) I was instructed by one Mr Balasubramaniam a/l Perumal ( NRIC NO 600928-08-6235 ) in respect of documenting the facts and circumstances involving him in the Altantunya matter.
(3) This led to the affirmation of a Statutory Declaration by Mr. Balasubramaniam on 01.07.2008 . The affirmation of the said Statutory Declaration was done in my presence and I have personal knowledge of the facts and circumstances leading to the production and affirmation of the said Statutory Declaration dated 01.07.2008 .
(4) Mr Balasubramaniam a/l Perumal held a Press Conference on the 04.07.2008. I am informed by media reports that another Statutory Declaration affirmed by Mr. Balasubramaniam and dated 04.07.2008 was made public on that day. The contents of the said 04.07.2008 Statutory Declaration suggests that the earlier Statutory Declaration dated 01.07.2008 was made ‘ under duress ‘.
(5) I acted in good faith in documenting the facts that led to the production and affirmation of the Statutory Declaration dated 01.07.2008 and i am satisfied it was made voluntarily and without any duress whatsoever.
(6) By reason of the matters stated above , I have reasonable grounds to believe that the second Statutory Declaration dated 04.07.2008 is suspicious on the face of it . The said document’s contents amount to criminal defamation of my character both personal and professional. I strongly believe person and or persons have induced , threatened and caused the production of the 04.07.2008 Statutory Declaration by unlawful conduct.
(7) I request that an investigation be carried out to ascertain the person and or persons who unlawfully caused the said Mr Balasubramaniam a/l Perumal to state that the earlier Statutory Declaration dated 01.07.2008, which was made in my presence, was made under duress. I believe the offence of criminal conspiracy to cause criminal defamation would have been committed by this and/ or these persons.
Dated this 8th day of July 2008
YAHOO! NEWS MALAYSIA
Harakah ex-editor to testify in lawyer disciplinary case linked to Altantuya killing
A former senior editor of Harakahdaily will appear before a disciplinary committee tomorrow to reveal that corporate lawyer Tan Sri Cecil Abraham was responsible for drafting the contentious sworn document related to the murder of Mongolian Altantuya Shaariibuu.
Sources told The Malaysian Insider that the former editor of the PAS official organ will also give evidence that this information was related to him in an interview with carpet dealer Deepak Jaikishan in late 2012.
Sources said the editor’s testimony was crucial as it is intended to corroborate the evidence of two other witnesses, both lawyers, who had appeared before the disciplinary committee earlier.
One of the witnesses was lawyer Americk Sidhu who was the counsel for the late P. Balasubramaniam, a private detective, who had come out with two statutory declarations (SD) at the height of the Altantuya murder investigations.
During the interview with the editor in late 2012, which was recorded and uploaded by PAS organ on its “TVPAS” channel and on YouTube, Deepak had let slip the lawyer’s name when explaining his role in the second SD.
But in the 14 minutes and 39 seconds video clip, the name of the lawyer was muted out.
The crux of the disciplinary proceeding is that Abraham was said to have prepared the contents of the second SD when it was public knowledge that Balasubramaniam’s lawyer at that time was Americk.
The proceedings are being conducted behind closed doors and everybody involved, including members of the Bar Council, are tight-lipped over the matter.
2:51PM Oct 11, 2014
Senior lawyer testifies against Cecil Abraham
A senior lawyer is one of two witnesses testifying today in the ongoing disciplinary proceedings against top lawyer Cecil Abraham for alleged misconduct in his role in drafting the contentious second statutory declaration (SD) of the late private investigator, P Balasubramaniam, in the Altantuya Shaariibuu murder case.
The complaint was filed by the council in April last year, following revelations that Balasubramaniam’s second SD retracting his explosive first SD, was not the work of the private eye but that of Cecil and his son Sunil.
This came after Balasubramaniam’s lawyer Americk Sidhu (right), who helped draft the first SD, revealed at last year’s Bar Council annual general meeting that it was then deputy prime minister Najib Abdul Razak who had allegedly instructed Cecil to draft the second SD.
The hearing is being conducted by a three-member panel from the Advocates and Solicitors Disciplinary Board today, sources told Malaysiakini.
Today’s hearing follows the postponement of the last hearing on Aug 23, after one of the panel members could not be present.
A mystery witness was scheduled to testify at the hearing on Aug 23 and that person was said to have initially been approached to draft the contentious second SD.
It is learnt that the disciplinary hearing after this will resume on Oct 29, with Americk testifying.
11:19AM Aug 20, 2014
Mystery witness set to testify at Cecil’s hearing
Senior lawyer Cecil Abraham is expected to face the Advocates and Solicitors Disciplinary Board this Saturday, where a mystery witness and the late private investigator P Balasubramaniam’s lawyer Americk Sidhu are expected to testify.
The hearing is over the alleged misconduct charge faced by Cecil for his, and his son Sunil’s role in drafting the second statutory declaration by Balasubramaniam, in denying that present Prime Minister Najib Abdul Razak had known Mongolian woman Altantuya Shaariibuu.
Balasubramaniam had in his first SD claimed Najib knew and had relations with Altantuya.
Two police Special Action Unit members, namely Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, were charged and found guilty at the Shah Alam High Court with murdering Altantuya, while political analyst Abdul Razak Baginda, once Najib’s close confidante, was acquitted.
However, the two policemen were both acquitted by the Court of Appeal last year and a decision is pending on the two policemen following the prosecution’s appeal at the Federal Court.
Americk, who helped draft Balasubramaniam’s first SD, had revealed in a Malaysian Bar annual general meeting last year that Cecil admitted to drafting the second SD on Najib’s instructions.
The revelation to the AGM came a day after Balasubramaniam’s death after he and his family had been in exile for more than four years after retracting the first SD and then making the second SD.
This has resulted in the disciplinary inquiry against Cecil.
Balasubramaniam’s family had also filed a RM1.9 million suit at the Kuala Lumpur High Court, where they named Najib and his wife Rosmah Mansor and two other brothers of Najib, as well as Cecil, in the suit. The suit was filed following breaking information which was discovered by Americk.
All the parties who are being sued by Balasubramaniam’s widow have filed applications to strike out the suit.
Senior lawyer Bastian Vendargon is expected to appear for the Bar Council in this hearing. He replaces earlier counsel Lambert Rasaratnam.
The disciplinary board is chaired by former Court of Appeal judge Syed Ahmad Helmy Syed Ahmad, and has 15 other members.
9 JULY 2014
YAHOO! NEWS MALAYSIA
Lawyer Datuk Bastian Pius Vendargon is the new counsel for the Bar Council who is the complainant in the case. Vendargon replaced another senior lawyer Lambert Rasaratnam who opted out for reasons that remains sketchy.
Explosive evidence to be revealed in lawyer’s disciplinary case over PI Bala’s sworn statement
The disciplinary proceeding against prominent lawyer Tan Sri Cecil Abraham for allegedly preparing an unauthorised statutory declaration (SD) for the late private investigator P. Balasubramaniam may be opened to the public after it was learnt that more “explosive evidence” will be revealed.
Sources told The Malaysian Insider that a witness is expected to testify before the disciplinary committee that he was initially approached by a top Putrajaya official to help draft Bala’s second SD, but he had refused to comply.
This “explosive” testimony should be made public and that is why there are moves to open the proceedings to the public, a source told The Malaysian Insider.
It is learnt that Manjeet Singh Dhillon, who is holding a watching brief for Americk Singh Sidhu (Bala’s lawyer), would make the application before the three-man committee hearing the matter when the case continues on August 23.
There is sufficient evidence to reopen the investigation into private investigator P Balasubramaniam’s second statutory declaration (SD2), former inspector-general of police Musa Hassan said today.
“The person involved, I think this is new evidence… If there is new evidence then investigations should be re-opened,” Musa told a press conference in Petaling Jaya today.
He said this when asked for his evaluation whether the claim by lawyer Americk Sidhu that Cecil Abraham was responsible for Balasubramaniam’s second SD was enough to re-open police investigation into the matter.
Malaysiakini had approached Cecil but the senior lawyer had declined to comment.
Balasubramaniam’s second SD, which disclaims his first one signed a day earlier that links now caretaker premier Najib Abdul Razak to murdered Mongolian national Altantuya Shaariibuu, was said to have been drafted under duress.
Musa’s successor, current IGP Ismail Omar, had said police would not re-open the investigation if it was “something old being said in a new way”, unless there truly was new evidence.
“I don’t know what he meant when he said ‘old things said in a new way’. But why not (re-open investigation)? There is new evidence,” Musa said.
A CRUEL TRICK, AT THE EXPENSE OF BALA’S WIDOW AND FAMILY!
A SMS hoax brought scores of reporters to the late private investigator P Balasubramaniam’s house yesterday for a “press conference” that wasn’t.
Reporters and a police officer were eventually shooed off by Balasubramaniam’s wife A Satamil Selvi, after they converged at her home in Rawang about 11am.
The text message, which included Selvi’s home address, said: “Please take note that A Satamil Selvi (widow of PI Bala) will make a police report that her late husband had been manipulated and paid by lawyers to sign the statutory declaration (SD)”.
Selvi told Malaysiakini when contacted today that she told the reporters that she did not send such a message, and the reporters left after lingering there for about 30 minutes.
She added that the police officer told her that his superior had ordered him to go to her house to receive her supposed police report.
“I told the police that I did not do any of this, and I don’t want anyone outside my home, be gone. So they all went off,” she said.
She said she wants to take action against the pranksters but has yet to decide on her course of action because she wants to tend to her emotions first, following the loss of her husband.
ROSMAH SPEAKS AT LAST, DENIES INVOLVEMENT IN ALTANTUYA MURDER.
Prime Minister Najib Abdul Razak’s wife Rosmah Mansor has denied being involved in the murder of Mongolian translator Altantuya Shaariibuu, as alleged by blogger Raja Petra Kamaruddin.
In her biography that was released today, Rosmah says she was attending a breaking of fast session with the Islamic Orphans Welfare Association in Kuala Lumpur on Oct 19, 2006, the day Altantuya was killed.
“I was at the Tabung Haji building from evening till midnight.
“There were many eyewitnesses there,” she says on page 140 of the book.
“I will run even if a lizard falls in front of me. I am also afraid of the dark. What more me climbing a hill at the place of murder?” Rosmah says in the book.
She also states that she was “questioned” for six hours in Bukit Aman as a result of the “slander” against her.
Sunday, 17 March 2013 13:22
AMERICK TELLS OF HIS DILEMMA: Why I broke my promise to Cecil not to expose Najib
Written by Americk Sidhu
A little more than 2 weeks ago I was paid a visit by Tan Sri Cecil Abraham. This meeting was brokered by another lawyer and who was also present with us.
Tan Sri Cecil Abraham confessed to me that he did indeed draft the infamous 2nd SD without the instructions of my client and he apologized for doing so.
He informed me that he had been instructed to do this by Najib Tun Razak.
I accepted his apology and assured him his admission would remain between us.
I informed Bala of this and he agreed to keep it between ourselves.
I have now broken that promise I solemnly made and I am not proud of myself.
I do this in memory of a great Malaysian. A man who stood fast in the face of adversity and at great personal sacrifice.
DPM hits out at opposition for linking UMNO to PI Bala’s death
MUAR (March 16, 2013): Deputy Prime Minister Tan Sri Muhyiddin Yassin today dismissed social media news linking Umno to the death of private investigator P. Balasubramaniam, and hit out at the opposition for politicising anything at all.
“Anything that happens in Malaysia is deemed to be an Umno conspiracy,” he said when approached by reporters for his comments on the issue.
Muhyiddin advised the people against falling prey to such information, saying they were merely political statements.
The “slander machine” was working “25 hours a day” to churn up issues that would confuse the people and instil in them hatred for the Barisan Nasional government, he told a news conference after launching the “Hello Commodity” programme of the Plantation Industries and Commodities Ministry at the Pagoh Sports Complex, here.
The lawyer who filed the motion for the Bar Council to set-up an independent investigation committee to probe the person who had drafted P Balasubramaniam’s second statutory declaration (SD) withdrew her motion today.
Wan Hidayati Nadirah Wan Ahmad Nasir, who filed the motion last Friday said she and those who supported the motion have decided to withdraw the motion at the Malaysian Bar’s 66th annual general meeting (AGM) this morning, as lawyer Americk Sidhu’s revelations during the AGM has served the same purpose.
“We only wanted to know who the senior lawyer responsible in making the second SD is, and we have achieved it with Americk’s revelation today.
“However, we may act on this further by lodging a police report on this matter for the authorities to act upon,” said Wan Hidayati Nadirah, along with Fadiah Nadwa Fikri and the others who supported the motion who call themselves the ‘Young Female Lawyers’.
Saturday, 16 March 2013 14:14
Bala’s second SD: Did Najib give instructions? – Gobind
Written by Gobind Singh Deo
Prime Minister Najib Tun Razak should respond to the allegation by lawyer Americk Singh Sidhu that the second SD of the late PI Bala was prepared on his instructions.
It is reported that Americk made this allegation during the Malaysian Bar annual general meeting today in Kuala Lumpur.
The Bar Council should also tell us why there has been a delay in the probe into this complaint. The Bar Council is obviously unusually slow in its probe of this matter.
GOBIND SINGH DEO
Bar Council to refer Cecil Abraham to disciplinary board
By Boo Su-Lyn
March 16, 2013
KUALA LUMPUR, March 16 – The Bar Council will lodge a complaint of professional misconduct against senior lawyer Tan Sri Cecil Abraham with the Advocates and Solicitors Disciplinary Board (ASDB) next week, newly-installed Malaysian Bar president Christopher Leong said today.
“We’ll (also) urge the Attorney-General’s Chambers to reopen investigations into Altantuya’s case,” said Leong at a press conference after the Malaysian Bar AGM here today.
“There could be professional misconduct (by Abraham) and that’s for the disciplinary board to investigate the matter and for them to decide,” he added.
Leong, 50, also said that the Bar Council would request Americk and carpet dealer Deepak Jaikishan to provide formal statements immediately.
Free Malaysia Today
‘Najib instructed Cecil to draft Bala’s SD2′
Americk Singh, PI Bala’s lawyer makes a startling revealation at the Bar AGM that Cecil Abraham confided in him that he prepared the 2nd SD on instructions from Najib
KUALA LUMPUR: The Malaysian Bar was today told that Prime Minister Najib Tun Razak had instructed senior lawyer Cecil Abraham to prepare the second statutory declaration for former private investigator P Balasubramaniam.
Balasubramaniam’s lawyer Americk Sidhu revealed this during the ongoing Malaysian Bar’s annual general meeting (AGM) today, where Balasubramaniam’s SD2 was one of the motions tabled to be discussed.
PKR vice president R Sivarasa tweeted: “Americk Singh Sidhu, PI Bala’s lawyer reveals in Bar AGM that Cecil Abraham told him he did the 2nd SD on instructions from PM Najib.”
|12:46PM Mar 16, 2013|
Lawyer Americk Singh Sidhu has claimed that lawyer Cecil Abraham had told him he had prepared the private eye’s second statutory declaration (SD) on the instructions of the prime minister.
Americk, the late private investigator P Balasubramaniam’s lawyer, is said to have revealed this during the Malaysian Bar annual general meeting (AGM) today in Kuala Lumpur.
Lawyer Sivarasa Rasiah reported this in his tweet this morning from the AGM, that is ongoing at press time.
See an earlier report:
Senior lawyer Cecil Abraham, who is allegedly embroiled in allegations of being involved in private investigator P Balasubramaniam’s second statutory declaration, has refused to say anything on the matter.
Just who is Cecil Abraham?
Zul Rafique & Partners
Biography • Arbitration
Cecil, senior partner and head of dispute resolution in Zul Rafique & Partners, has more than 40 years of legal experience. He has an extensive arbitration practice. He appears frequently as arbitrator and also as counsel in domestic and international arbitrations conducted under the UNCITRAL, ICC, SIAC, KLRCA, LCIA and ICSID rules of arbitration. He has been nominated to the ICSID panel by the government of Malaysia and presently sits in arbitration and annulment proceedings.Cecil is a council member of the International Council of Commercial Arbitration (ICCA) and a past vice president of the Asia Pacific Regional Arbitration Group (APRAG). He is an accredited mediator.
Cecil graduated with an LLB (honours) from Queen Mary, University of London and was called to the English Bar. Cecil was admitted to the Malaysian Bar in February 1970. He is a fellow of Queen Mary, University of London, the Chartered Institute of Arbitrators UK, the Malaysian Institute of Arbitrators, the Singapore Institute of Arbitrators and the Australian Centre for International Commercial Arbitration. He is also a chartered arbitrator.
In Chambers Asia Pacific 2012 edition, Cecil is described as “efficient, experienced and quick to get the show on the road”.
This biography is an extract from The International Who’s Who of Commercial Arbitration which can be purchased from our Shop.
The Bala Interview Part 1 of 3
Uploaded on Nov 18, 2009
PI Bala Subramanian gives a no holds barred interview in the presence of 3 prominent lawyers on what happened to him after he issued his Statutory Declaration in July 2008
The Bala Interview Part 2 of 3
The Bala Interview Part 3 of 3
STATUTORY DECLARATION (Bala’s first SD or SD1 drafted by Americk Sidhu)
I, Balasubramaniam a/l Perumal (NRIC NO: xxxxxx-xx-6235) a Malaysian Citizen of full age and residing at xxxxx, Selangor do solemly and sincerely declare as follows :-
1. I have been a police officer with the Royal Malaysian Police Force having jointed 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 free lance Private Investigator since I left the Police Force.
3. Sometime 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 8am to 5pm each working day as apparently he was experiencing disturbances from a third party.
4. I resigned from this job after 2 ½ 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.
Read the rest in PI Bala’s first SD
STATUTORY DECLARATION (Bala’s second SD or SD2 alleged to have been drafted by Cecil Abraham)
I, Balasubramaniam Perumal, do solemnly and sincerely declare as follows:
I have been a police officer with the Royal Malaysian Police Force having joined as a constable in 1981. I was subsequently promoted to the rank of lance corporal and finally resigned from the Royal Malaysian Police Force in 1998.
1. I currently work as a freelance private investigator.
2. I wish to refer to the statutory declaration I affirmed on July 1, 2008. I refer specifically to paragraphs 8, 25, 28, 49 and 50 to 52…
For the rest of the 2nd SD, refer to: PI Bala’s second SD
Or read both SDs in IN SHOCK over P.I. Bala’s death: The fight for justice will GO ON!