The Pulau Batu Puteh dispute between Malaysia and Singapore:
The island became a blemish on Malaysia’s history in 2008 when the International Court of Justice (ICJ) awarded its sovereignty to Singapore and granted Malaysia sovereign right over another maritime feature, known as Middle Rocks.
In his statutory declaration, Mat Zain had claimed hundreds of millions of ringgit had changed hands and were deposited into a Hong Kong bank account over the Pulau Batu Puteh case, which the International Court of Justice ruled in favour of Singapore.
Mat Zain alleged that Abdul Gani had deliberately lost the case.
Mat Zain files police report against Shafee, says lawyer is lying
BY V. ANBALAGAN
December 15, 2013
Datuk Mat Zain Ibrahim has lodged a police report against Tan Sri Muhammad Shafee Abdullah (pic), saying the Umno lawyer’s affidavit to the Court of Appeal contained inaccuracies, an offence under the law.
The former Kuala Lumpur Criminal Investigation Department director lodged the report at the Setapak police station this afternoon.
Shafee had filed the affidavit at the Court of Appeal last week in response to Datuk Seri Anwar Ibrahim’s second application to disqualify the lawyer from representing Putrajaya as deputy public prosecutor in the government’s appeal against Anwar’s acquittal on the second sodomy charge.
Anwar’s application will be heard in the Court of Appeal on December 19, Thursday.
In his police report, Mat Zain claimed Shafee had committed at least two offences under the Penal Code, the first for making false statements in the affidavit.
He alleged that Shafee had also suppressed material evidence with the intention of deceiving the court.
He said that Shafee had received from him a set of documents on September 24, 2013.
“These were documents Shafee had asked from me after meeting Tun Dr Mahathir Muhamad at his residence last August 10, the third day of Hari Raya,” he said.
Shafee told reporters on Wednesday that he had filed an affidavit on what transpired in his legal firm and at the residence of Tun Dr Mahathir Mohamad.
Shafee went on to say that Mat Zain had “slanted” what he had said in his October 7 statutory declaration (SD).
“My affidavit is supported by former (Commercial Crime Investigations Department director) Datuk Ramli Yusuff. I do not need to ask Matthias Chang to affirm it, and there is no need to trouble Tun (Dr Mahathir Mohamad),” Shafee said when asked to respond to the contents of the SD.
COMMENT I welcome senior lawyer Muhammad Shafee Abdullah’s intentions, malicious or otherwise, to expose my so-called “relationship” with Opposition Leader Anwar Ibrahim next week.
For his information, I have been alleged and labelled as Anwar’s lapdog or “chief barua” and by many other names since 1998…
I would like to point out to Shafee that my meeting with him for the first time at his place was on Saturday, Aug 10, 2013 and not on Aug 9 (a Friday) as stated in his affidavit paragraph 7(q) (iii) page 15.
What the rakyat are interested to know is why did Shafee call me, whom he has never known before, to his office through former Commercial Crime Investigation Department director Ramli Yusuff and later bring me to meet with Mahathir?
What was his motive or purpose to make the call on the first day of Hari Raya?
Or can he now tell the public, is it really Mahathir who wanted to see me or is it Shafee (right) that orchestrated the meeting for his own personal benefit? Until this moment I do not know the reasons for the meeting as stated in my SD.
Why didn’t Shafee disclose that he has received the bundle of documents from me on Sept 24, this year which he asked for during the Aug 10 meeting before we left Mahathir’s residence?
Can he please tell the public why he has been evading meeting me in spite of my several calls to his office and personal SMSes over a period of time (Aug 10 to Sept 24)? For Shafee’s information, I have handed them over to the Malaysian Anti-Corruption Commission (MACC) investigators on Dec 5, 2013.
I have even told the MACC officer that before leaving the house on the morning of Aug 10, I did send an email to my wife and children to tell them where I was going, whom I was supposed to meet for their records and as a precautionary measure since I have heard a lot about Shafee, though I had never met him before.
If Shafee says that Abdul Gani’s conduct and the Batu Puteh issue was never discussed during the one hour or so meeting in his house and later another hour at Mahathir’s house, then can he tell what was the subject matter that was discussed?
Read the whole article:
Shafee’s affidavit a load of rubbish, says ex-cop Mat Zain
BY V. ANBALAGAN, ASSISTANT NEWS EDITOR
December 12, 2013
Datuk Mat Zain Ibrahim has described Tan Sri Muhammad Shafee Abdullah’s affidavit in reply to Datuk Seri Anwar Ibrahim’s second application to disqualify the Umno lawyer from acting as deputy public prosecutor as “a load of rubbish”.
The former Kuala Lumpur Criminal Investigation Deparment chief also welcomed Shafee’s earlier statement that he would expose Mat Zain’s relationship with Anwar.
“I now challenge Shafee to demand the prime minister to order a full-scale investigation into my SD (statutory declaration).
“I will scrutinise Shafee’s affidavit line by line and record my observations in my next SD. As it stands now, I can say that his affidavit is imperfect and a load of rubbish.
“I reserve my right to take on the next course of action,” said Mat Zain. – December 12, 2013.
Anti-graft body grills Mat Zain on statutory declaration
December 06, 2013
Three months after coming out with his controversial statutory declaration, former Kuala Lumpur CID chief Datuk Mat Zain Ibrahim was questioned by the Malaysian Anti-Corruption Commission (MACC) for about 9 hours yesterday.
Mat Zain told The Malaysian Insider today that he was questioned by “two very senior and experienced officers”.
He said he was questioned particularly on his claim that millions of ringgit were transferred into a bank account in Hong Kong after Malaysia lost Pulau Batu Puteh to Singapore.
UMNO JOHOR: We want the truth. If what was claimed is true then it is truly a betrayal to the country..
UMNO ASSEMBLY Johor Umno has urged the government to investigate claims of alleged wrongdoing leading to the loss of Batu Puteh to Singapore.
Debating the president’s address, delegate Zulkurnain Kamisan said that this is because it affects national sovereignty.
“Investigate these claims as it also involves the party’s dignity. We can’t take it lightly.
“We want the truth. If what was claimed is true then it is truly a betrayal to the country,” he said at the Umno general assembly.
Police reports lodged against Attorney General following Mat Zain’s allegations
BY EILEEN NG
December 04, 2013
Five opposition lawmakers piled more pressure on Attorney General Tan Sri Abdul Gani Patail (pic) after they lodged separate reports on his alleged misconduct which were contained in a statutory declaration affirmed by a retired police officer.
The five – Shamsul Iskandar @ Yusre Mohd Akin (PKR-Bukit Katil), Datuk Takiyudin Hassan (PAS-Kota Baru), Teo Kok Seong (DAP-Rasah), G. Manivannan (PKR-Kapar) and Steven Sim Chee Keong (DAP-Bukit Mertajam) want the police to investigate Abdul Gani after claims made by former Kuala Lumpur CID chief Datuk Mat Zain Ibrahim in a 31-page sworn statement.
“We demand that police conduct a full and independent investigation as the allegations raised by Mat Zain are serious and involve the country’s interests,” said Shamsul Iskandar after lodging the report at the Dang Wangi district police headquarters this evening.
Free Malaysia Today
Mat Zain: Form RCI to probe Batu Puteh loss
Mat Zain insists that his statutory declaration is more than sufficient to initiate investigations under prevailing laws.
PETALING JAYA: Retired Kuala Lumpur CID chief, Mat Zain Ibrahim today pressured the government to initiate a Royal Commission of Inquiry (RCI) to investigate the loss of Pulau Batu Puteh to Singapore and also urged the Inspector General of Police Khalid Abu Bakar to probe the matter thoroughly.
The former top cop also responded to calls made by the Home Minister Ahmad Zahid Hamidi and Perkasa President Ibrahim Ali for him to lodge a police report in order for the police to start investigating; by explaining that the IGP had the power under Section 107 (3) (a) (b) & (c) of the Crime Procedure Act to accept his earlier statutory declaration (SD) as a police report.
“On Oct 10 2013, I have forwarded my SD to the IGP, Chief Secretary to the Government and to the Attorney General,” he said in a statement today.
“I have also urged IGP Khalid Abu Bakar to accept my SD as a police report as stated under the Crime Procedure Act. He has the powers to do so,” he added.
“Based on past experience, the Prime Minister had advised the Yang Dipertuan Agong to establish an independent tribunal in accordance to the Federal Constitution as in the case of former Chief of Justice Salleh Abbas in 1988.
“As well as the cabinet’s decision to set up a RCI under the Commission of Inquiry Act 1950 that did not depend on any police report,” Mat Zain said.
Money changed hands over Pulau Batu Puteh, claims ex-CID chief
BY ELIZABETH ZACHARIAH
November 26, 2013
Former Kuala Lumpur CID chief Datuk Mat Zain Ibrahim today revealed that money changed hands, which led to Malaysia losing its claim on Pulau Batu Puteh to Singapore in 2007.
That revelation was made in Mat Zain’s 31-page statutory declaration sent to the Prime Minister’s Office on October 9.
“In the accompanying letter to the Prime Minister, I urged him to focus on paragraph 54 (e),(f) and (g) of the SD , which revealed the wrongdoings of Attorney-General Tan Sri Abdul Gani Patail, who handled the Pulau Batu Puteh case.
“Also included was information that a large amount of money changed hands and was credited into a bank account in Hong Kong,” said Mat Zain.
A PHOTO WAS SUBMITTED BUT IT WAS FOUND TO HAVE BEEN ‘DOCTORED’.
The photograph showed the Johor mainland in the background of PBP and was claimed to be downloaded from a blog that was found to have only been created a month before the hearing. The photograph itself was only posted four days before the hearing. [see photo]
The Singapore delegation instructed its colleagues back home to snap photographs of the island at the same geographical coordinates. With these photographs, Singapore effectively proved that Malaysia’s photograph was taken with a telephoto lens which drastically increased the height of the hill in the background to create the image distortion.
PARLIAMENT Anwar Ibrahim has lashed out at the government for failing to hold Attorney-General Abdul Gani Patail accountable for the loss of Pulau Batu Puteh in a territorial dispute in the International Court of Justice (ICJ)
During the budget debate at the committee stage in Parliament today, the opposition leader said he was puzzled that the government did not even seek clarification over the defeat in the high stakes case.
“We lost an island but the attorney-general was never questioned. It was as if there was already an understanding (between the attorney-general and government) – or were they both afraid of something? I do not understand.
“Why were they afraid to ask questions so that a proper explanation could be given by the attorney-general?” Anwar asked.
Gani had led the case for Malaysia before the ICJ in 2008.
AG not involved in alleged fake evidence at ICJ’
PARLIAMENT Minister in the Prime Minister’s Department Nancy Shukri has denied that attorney-general Abdul Gani Patail was responsible for submitting fake evidence to the International Court of Justice (ICJ) over the Batu Puteh territorial dispute.
“The attorney-general and the Attorney-General’s Chambers (AGC) were not involved in presenting photographs that inaccurately showed the true position of Pedra Branca or Pulau Batu Puteh as claimed.
“The allegation is baseless and is made without referring to concrete facts,” she told Parliament during the winding-up of the committee stage of the budget debate.
Nancy added that the alleged submission of the doctored photograph to the ICJ was also not a factor in Malaysia losing the case.
She added that the 2008 case was led by the Foreign Ministry and the AGC was only part of the larger team.
Expanding his net over the submission of an allegedly ‘doctored’ photograph of Batu Puteh, former top police officer Mat Zain Ibrahim wants to know why Youth and Sports Minister Khairy Jamaluddin has remained quiet on the matter.
In a statement, Mat Zain said that if Khairy could challenge Attorney-General Abdul Gani Patail on why he is not appealing the ruling in the Port Klang Free Zone case, then he should also “have the guts” to ask Gani about the Batu Puteh case.
Similarly, he said, Khairy should question those in cabinet, especially Johoreans like Muhyiddin Yassin, Khaled Nordin, Hishammuddin Hussein and Azalina Othman, on what actions they had taken, to defend Batu Puteh against Singapore’s claim, from 2004 to 2007.
Mat Zain said Khairy’s silence on Batu Puteh was pertinent as he was a key member of the ‘fourth floor’ – a coterie of powerful young aides to the prime minister – in 2007, when the case was taken to the International Court of Justice.
He said that as “numero uno of the fourth floor”, Khairy – popularly known as KJ – “should have realised” the implications of the submission of this photograph four days before the oral presentation in the court proceedings.
Mat Zain said this had not only brought “shame and disrepute to our King and nation”, but also to the legal team that is now on record in international legal history as having introduced a “concocted” photograph into evidence.
EXCLUSIVE In 2008, the late Sultan Mahmud Iskandar told the Johor legislative assembly: “Let us be reminded that I will not forget Pulau Batu Puteh… Pulau Batu Puteh is not Singapore’s, it belongs to Johor. It does not matter how long it may take, I will find a way to get back the island…”
Five years later, a former high-ranking police officer is spearheading an attempt to nudge the government to bring those allegedly responsible for losing the island to account.
That person is former Kuala Lumpur CID chief Mat Zain Ibrahim, a quiet and media-shy former top police officer whose career was intertwined with politics after he was assigned to investigate Anwar Ibrahim’s infamous black eye, after he was sacked as deputy premier in 1998.
Since his retirement, Mat Zain has embarked on a personal mission to send open letters to the powers-that-be, urging them to take action against allegedly corrupt government officers involved in Anwar’s first sodomy trial.
This time, he is taking it a step further, on Batu Puteh – or Pedra Branca as the Putrajaya now prefers to call it – by penning an extensive statutory declaration (SD) about new information he has received on the matter.
Malaysiakini has sighted the SD and was informed by Mat Zain that a copy of it has been submitted to Prime Minister Najib Abdul Razak.
Call for RCI
In his SD, Mat Zain states that his purpose of penning the document under oath is to convince Putrajaya to establish a royal commission of inquiry over the loss of Batu Puteh to Singapore.
In the SD, Mat Zain also calls for Gani to be suspended and urges Najib to set up a tribunal to probe the AG for alleged misconduct – a course of action that the former top cop has suggested before.
When contacted for his reaction to Mat Zain’s allegations, Gani told Malaysiakini: “Publish it at your own risk.”
FOR BACKGROUND TO THE PULAU BATU PUTEH
In the first of a two-part exclusive report, FMT looks at the history of the Pulau Batu Puteh dispute which Malaysia lost to Singapore. The two Singapore lawyers who were involved in the case give their views in a book they wrote.
By Stephanie Sta Maria
KUALA LUMPUR: Before Limbang and Tanjung Pagar, there was Pulau Batu Puteh (PBP).
The once innocuous island became a blemish on Malaysia’s history in 2008 when the International Court of Justice (ICJ) awarded its sovereignty to Singapore and granted Malaysia sovereign right over another maritime feature, known as Middle Rocks.
‘Pedra Branca: The Road to the World Court’ (henceforth referred to as Pedra Branca) provides a compelling narrative of Singapore’s preparations and
presentation of its case before the ICJ. But it also provides a startling account of Malaysia’s conduct during the court proceedings.
According to the authors, Malaysia displayed a “certain sense of desperation” that saw it resorting to questionable tactics.
These tactics involved deliberately mis-translating a text, suppressing parts of quotations used to support its arguments, as well as producing a distorted photograph of PBP that showed it nearer than it actually is to the coast of Johor.
It was precisely these stratagems that confirmed prominent lawyer Karpal Singh’s suspicion that Malaysia only had itself to blame for losing the coveted island.
Click on the link for the full artiicle: