THE CASE FOR THE DEFENCE

The accused gave evidence over a period of seven days. I shall summarise his evidence as given on the various dates.

8 February 1999

The accused became an UMNO member in 1967 but was active only from 1982. He became UMNO Youth Chief in 1982 and UMNO Vice-President from 1987 to 1993 when he rose to become the Deputy President. In 1982 he was appointed as a Deputy Minister in the Prime Minister’s Department; in 1983 as Minister of Culture, Youth and Sports; in 1984 as Minister of Agriculture; in 1986 as Minister of Education; in 1991 as Minister of Finance and in 1993 as Deputy Prime Minister. In August 1997 he was the Deputy Prime Minister and Minister of Finance. He was also the Chairman of various Cabinet Committees, including the Jawatankuasa Pengurusan dan Keutuhan Kerajaan. This committee receives complaints relating to corrupt practices. As the accused said,

"Semua complaint yang dibuat telah dimajukan kepada BPR. BPR akan menyiasat dan dari masa ke semasa memberi laporan kemajuan siasatan kepada Perdana Menteri dan dalam beberapa kes kepada saya sendiri kerana saya Pengerusi Jawatankuasa ini dan juga persepsi masyarakat bahawa jika ada aduan rasuah yang serius lebih baik dimajukan kepada pengetahuan saya supaya kes itu tidak ditutup dengan mudah. Apa yang dimajukan oleh BPR kepada Perdana Menteri atau saya berikutnya ianya laporan kemajuan siasatan. Laporan ini selalunya memberikan kemajuan siasatan sama ada kes itu dianggap serius atau tidak. Akan tetapi untuk memberikan keputusan mengambil tindakan atau tidak akan dirujuk kepada Jabatan Peguam Negara. Rujukan ini dibuat oleh BPR kepada Jabatan Peguam Negara. Prior to and after 1997 Dato Mohd Said and Dato Amir Junus used to see the accused frequently to brief him on the latest political and economic issues and the general public reaction to government policies and the leadership. As the accused said, "My meetings with the Special Branch were once a month on the minimum. There were occasions when we had more meetings. Because of my busy schedule I normally see them at home after a function. This is not an unusual practice as I meet other government officers and ministers at home at night. It could be from 9.30 p.m. to 10.00 p.m. and can even be later. The meetings with the Special Branch were cordial and friendly like most of my meetings. I have also met the Special Branch officers especially Dato Mohd Said in my office on a few occasions. A few days before Exhibit P14A, B and C came to his knowledge the accused met YAB Prime Minister who told him that he had received a letter containing some wild allegations. The accused then added, "He advised me to read and destroy. I reiterate that he said learn from his experience and ignore such malicious allegations. I brought the letter to my office, read it and because Azmin is Ummi’s brother I confided in him. I asked him to shred the letter after reading it. He told me that he had shredded it." With regard to Exhibit P14A, B and C he said, "P14 was the first time that Ummi made allegations against me. … I cannot recall how P14A, B and C came to my knowledge. But I can recollect that the first serious discussion on P14 was when Dato Mohd Said and Dato Amir Junus came to see me." On 11 August 1997 Dato Mohd Said saw the accused in the morning for a scheduled briefing. He came alone. After the briefing the accused asked him to stay back. The accused asked him whether he was aware of Exhibit P14. At that time the accused had been told of this letter but had not seen it. As the accused continued, "He told me that he was aware and that he will find out and give me a briefing later. He mentioned that he would bring with him PW11. On that morning we did not have the time to discuss the contents of the letter.

PW1 and PW11 came to brief me either that night or the following night. (Witness refers to his personal diary for 1997). The meeting on 11.8.1997 was at 8.45 a.m. Thereafter the entries are not in the diary as the meetings were very private."

 At the next meeting Dato Mohd Said and Dato Amir Junus informed the accused that the IGP had already received Exhibit P14A, B and C from Dato Seri Megat Junid. He had a look at the letter and told them that it was not the letter that he had received from YAB Prime Minister. He then said, "They expressed their concern. The timing was to coincide with the UMNO General Assembly. I did not take the matter very seriously and told them about the Prime Minister’s advice. I considered the allegations to be malicious, scurrilous and irresponsible. I denied the allegations vehemently. But they said to me that it is not the allegations they are interested in but they suspect attempts by some politicians to smear my reputation. That was when I said to them that I agree with their suggestion that it must be investigated thoroughly. I think PW1 said deeply. They told me that the IGP had already received the letter. As they came to see me after their meeting with the IGP my impression was that the IGP was fully aware of what they intend to do. PW1 and PW11 were concerned because they believed that there were other personalities involved in the writing of the letter. We must appreciate that the discussion I had with PW1 and PW11 were very frank and open. They were of course very concerned. The Special Branch was concerned because they felt that this issue relates to the security of the country and an attempt to smear the reputation of the leaders. PW1 and PW11 were keen to investigate to find out the personalities involved and those orchestrating from behind. I agreed with them because I know fully well the malicious interest of the writers. I do accept that I have political foes who would stop at nothing to achieve their agenda. We did discuss P15. But I am not sure whether it was on the 11th or at the following meeting. I have seen P15 before. I first saw it on the 11th or at the following meeting. Some of the allegations in P15 are similar to the allegations in P14. That is why we discussed P14 and P15 together with PW1 and PW11. P15 was brought to my attention by either PW1 or PW11." With regard to the lodging of the police report, Exhibit P16, the accused said that Dato Mohd Said proposed that he should lodge a report in order to facilitate investigations. Initially he did not agree to do so as there are hundreds of such letters and YAB Prime Minister had advised him to ignore such letters. As the accused continued, "Finally, I agreed to make a report. I agreed because I trusted PW1 when he said that this is critical because we should not allow irresponsible elements to proceed with such malicious allegations and to find out the truth including those conspiring with them. When I decided to lodge a police report I thought that the investigation will be confined to the letter and the conspirators. On the specific allegations I told them in no uncertain terms that these were fabrications and I denied vehemently." The accused then discussed the matter with ASP Zull Aznam so that the latter could prepare a draft and lodge the report. The accused then said, "The making of the report and its contents were on the advice of PW1 though the draft was made by ASP Zull Aznam." At the time of the making of the report there was no discussion or suggestion by the accused or Dato Mohd Said or Dato Amir Junus on the arrest of Ummi and Azizan. As the accused said, "What they told me was that they were searching for them. My understanding then was that they wanted to talk to these people.

After P16 was lodged I left it to the police to handle the matter."

 On 17 August 1997 the IGP informed the accused that Ummi and Azizan had been arrested. According to the accused the IGP " … said that since PW1 and PW11 were with him he thought it would be better for them to come and see me in order to brief me on the latest situation. They came to my official residence." They gave him a briefing. The accused then said, "Since Ummi and Azizan were arrested I must admit that I was a bit concerned that they should not be detained for long. I did agree initially with PW1 that this matter should be investigated but once I knew of the involvement of Dato Aziz and Dr Restina I was keen that they should investigate it thoroughly and to get to the bottom of it." On the following night Dato Mohd Said and Dato Amir Junus briefed the accused on the latest situation. They told him that Azizan had regretted what he had done, had retracted the letter and wanted to see the accused to apologise to him. On the other hand Ummi, even though she had retracted the letter, did not propose to see him. Though initially not keen the accused later agreed to see Azizan. The meeting between the accused and Azizan was brief. As the accused explained, "I felt sorry for him when he said that he was confused. At first he said he did not sign. Then he said he signed but did not read it. I was not pleased with his explanation. I just listened to what he said. What struck me was when he said that he was sorry and ‘salah besar’ for making the allegations and ‘saya murtad’. When I heard these words, I said, ‘Okaylah, baiklah’ as I thought he was really genuine in making the apology. So he left." 9 February 1999

The accused explained why he did not want Ummi and Azizan to be detained for long. As he said,

"I told the police not to detain Ummi for too long because Ummi happens to be the sister of my private secretary, Azmin Ali and the family is known to me. Similarly Azizan was my wife’s former driver and his family is also known to us and the police informed me that their arrest was the result of my police report." On his discussions with Dato Mohd Said and Dato Amir Junus up to 17 August 1997 the accused said, "Prior to and up to the 17th my discussions with PW1 and PW11 were friendly and informal. There were suggestions made by them on what they thought the police have to do. That was why I was advised to lodge this report initially. But knowing police and some of their tactics from my earlier experience of being detained a long time ago I do not want them to use rough methods, bully which seems to be the practice now. That was why I told them as confirmed by PW1, firstly, janganlah tahan lama-lama and, secondly, gempar sikit-sikit cukuplah. (Witness referred to construction of gempar by PW1 and PW11.) By the phrase ‘gempar sikit-sikit’ is like what we say to our children like behave yourself, do not be naughty. PW11 has been too long in Sabah. The phrase was used in the context of a friendly and informal session. They came out with the story of the grand design of some political personalities out to finish me. So in the midst of that discussion I suggested that they should investigate fully and get the truth out from Ummi and Azizan." The accused said that before Dato Mohd Said and Dato Amir Junus came to his house on the night of 17 August 1997 the IGP spoke to him and told him of the arrest of Ummi and Azizan. The IGP considered it as a security issue and therefore assigned Dato Mohd Said and Dato Amir Junus to brief him. When the IGP spoke to the accused on the telephone the accused had just arrived from Langkawi at about 11.00 p.m. With regard to the manner in which the meetings between him and Dato Mohd Said and Dato Amir Junus were arranged the accused said that there were occasions when he invited them to meet him but on many occasions Dato Amir Junus would call ASP Zull Aznam for an appointment.

On 18 August 1997 he met Dato Mohd Said and Dato Amir Junus at about lunch time at his Official Residence. According to him,

"On that day they informed me of the results of the investigation of Ummi and Azizan and Ummi and Azizan had indicated that they regretted their actions and that they were made use of and they have written letters to that effect. I was not sure whether the letter had been written or in the midst of writing." He said that they came to see him again on that night. They brought with them the letters written by Ummi and Azizan. The letters are Exhibits P17 and P18. He said that when he received these letters he had no idea as to how they were obtained. He then said, "I assumed as per my instruction that the police should do what was right and proper." Up to that time the question of criminal action against him never arose. On being asked whether any such action was in contemplation at any time he said, "To my knowledge based on my discussions with PW1 and PW11 and later on even with my discussions with the Attorney General this was never ever contemplated or considered. I was the complainant and victim. It would therefore be ludicrous to imagine criminal action to be preferred against me." The accused also said that he never ever suggested that he should meet or see Azizan. He also did not suggest that he should question Azizan at the office of the Special Branch.

On 20 August 1997 Dato Amir Junus made an appointment through ASP Zull Aznam to see the accused. At that meeting Dato Mohd Said and Dato Amir Junus informed the accused of their report (Exhibit D25) to YAB Prime Minister and also handed to him an unsigned copy of the report. On 25 August 1997 he read a statement made by YAB Prime Minister in the newspapers (Exhibit D23).

The accused said that after Exhibits P17 and P18 were handed to him Exhibits P14 and P15 were being widely circulated. By 27 August 1997 the latter two letters had become public knowledge. On that day Dato Mohd Said and Dato Amir Junus came to see him. They told him that they will have to deal with the issue. As he said,

"They considered several options, that is, either to suggest that Azizan and Ummi speak directly to the media or come up with a public statement. I had to remind them that because of the Prime Minister’s suggestion that I should completely ignore the issue of the allegations so I had to leave it to PW1 and PW11." He said that there was no telephone conversation between him and Dato Amir Junus on the night of 28 August 1997. He did not suggest to Dato Amir Junus for any amendments to be made to Exhibit P29 which, he said, is a very good statement. When asked why Dato Amir Junus would lie when he said that amendments were made by him the accused said that he believed Dato Amir Junus was upset with him as he had taken objection to businessmen being brought along by Dato Amir Junus to see him.

On 29 August 1997 Exhibits P20, P21 and P22 were handed to the accused.

On 30 August 1997 the accused had a meeting in his office with the Attorney General and Dato Ismail Che Ros. As to whether SAC Musa was present at the meeting the accused said,

"This is noted in my diary as ’10.00 pagi AG dan Dato Ismail Che Ros’. It is not stated in my diary that SAC Musa also came. I also checked with my PA Azmin and he said that he would put down the name if Musa had attended the meeting." At the meeting the accused had a short discussion with the Attorney General and Dato Ismail Che Ros. He relayed to them the statement from YAB Prime Minister as reported in the newspapers on 25 August 1997. After Dato Ismail Che Ros left the Attorney General expressed concern over the irresponsible and malicious attacks made against the accused.

On 31 August 1997 the accused had a meeting with YAB Prime Minister who told him, "Sorry that Aziz was involved. I should have sacked him."

On 3 September 1997 Dato Amir Junus made an appointment to see the accused through ASP Zull Aznam. He and Dato Mohd Said then met the accused between 9.30 p.m. and 10.00 p.m. They handed to him an unsigned copy of a report which had been sent by Dato Mohd Said to YAB Prime Minister. The report was marked as IDD123. The accused said that this report was only located recently by his wife from some boxes. He said that it was found only about a week ago and was not available when Dato Mohd Said gave evidence. The accused also tendered in evidence Exhibits D76 and D77. They are copies of letters that he had sent to YAB Prime Minister. He explained their contents. The accused said that the report referred to in paragraph 2 of Exhibit D77 is Exhibit IDD123.

10 February 1999

The accused continued to explain the contents of Exhibits D76 and D77. He then said that on 2 September 1998 he had a meeting with YAB Prime Minister.

The accused was arrested on 20 September 1998. He was assaulted by the police. He gave a statement to the police (Exhibit D72) on 27 September 1998 at 9.45 a.m. When questioned on this statement he said,

"The only question asked of me was whether I gave my instructions to the police to close the case relating to the flying letters investigated by the police. My answer was no I did not. This was the first time since the investigations were conducted in 1997 that I was asked this question. This happens to be the first serious question by the CID after I was assaulted." The accused then gave an account of Azizan’s attempt to see him in June 1998. This is what he said, "In June 1998 Azizan tried to see me at the Ministry of Finance but I did not agree and he met my officer Mohamed Ahmad and my ADC Zull Aznam. That was at the Ministry of Finance. Mohamed Ahmad is a senior PA at the Treasury. Azizan tried to make an appointment through Mohamed and Zull Aznam. I refused to see him as it was not necessary for me to see him. I did not want to see him because by then I had lodged a police report (P56) on Buku 50 Dalil. So I did not see him. And also because he wanted to discuss some business propositions with me. After that he contacted Zull Aznam a number of times and also through Abdullah Sani, my driver, seeking an appointment. About a week later I agreed to see him. I saw him. He came to the house. He did not discuss business propositions with me because I made it clear to Zull Aznam to convey to him my views that if he has any business proposals he should submit it to the Treasury. So he mentioned Buku 50 Dalil and said that at no time was he ever involved in the preparation or distribution of the book. He never made any accusations against me regarding the accident involving his wife. When he talked about his wife he broke down. I said to him that I did not accuse him of being involved in the conspiracy with regard to the accident. I did not tell him to deny to the police about any sodomy or any other issue because at the relevant time the matter as far as I know was closed." When the accused was asked whether he had given any instructions to SAC Musa on 30 August 1997 not to investigate he said, "I did not give any such instructions to Musa Hassan or to anyone else for that matter. I have checked my records and with my staff that SAC II Musa was not there in the office at that meeting on the 30th." When asked whether he had told SAC Musa not to take statements from Azmin, Shamsidar, Dato Nallakaruppan, Aton and ASP Zull Aznam the accused said, "I did not give any instructions to Musa not to take statements from those persons. It would be absurd for me to give such instructions when I myself asked Zull Aznam to lodge a police report on my behalf. How could I then suggest to the police not to question even Zull Aznam." In answer to a question as to whether he told SAC Musa not to send the investigation papers to the Attorney General the accused said, "I did not give such instructions. There was a meeting with Musa at about that time. But I cannot remember the date of that meeting. I had only one meeting with SAC Musa. That was when he recorded my statement." The accused was then asked whether he had given instructions to Dato Mohd Said and Dato Amir Junus to get Ummi and Azizan to retract their allegations. In reply he said, "I did not give any instructions to PW1 and PW11 to get Ummi and Azizan to retract their allegations." In a later part of his evidence he said. "I did not give any instructions to PW1 and PW11 to obtain the Kenyataan Umum from Ummi and Azizan." Prior to 25 August 1998 the accused had two meetings with the IGP with regard to this case. The first one was in late June 1998 at the accused’s Official Residence. Present with the IGP were Tan Sri Norian, the Deputy IGP, and two other senior police officers. The second meeting was in early August 1998 at the accused’s office in the Prime Minister’s Department. Present with the IGP were the Deputy IGP and the Director of the CID, Dato Yaacob. After the meeting the Deputy IGP and Dato Yaacob left leaving behind the IGP. The accused had a discussion with the IGP.

With regard to his power over the police by virtue of his position the accused said,

"As the Minister of Finance I had no authority or jurisdiction or power over the police, Special Branch and PW1 and PW11. As the Deputy Prime Minister I had no authority or jurisdiction over the police or the Special Branch. I as Minister of Finance and as Deputy Prime Minister did not use my office or position in relation to the investigation into P14 or P15." 11 February 1999

The accused explained the contents of Exhibits D76 and D77 in some detail. He then referred to the letter "purportedly" written by Ummi prior to Exhibit P14. That was the letter which was shown to him by YAB Prime Minister and which he asked Azmin to shred. As he said it is

" … a different letter from P14 with the same covering letter. The differences between P14 and that letter are, firstly, that letter had some criticisms of Azmin Ali for his failure to support the family, secondly, the reference to phone conversation and other details were not there. That is all I can remember. That letter was shorter and in more decent language. P14 has a lot of drama. That letter was straightforward." Cross-examination

The accused said that on 8 May 1995 he took an oath to keep secrets as a Minister. When Exhibits P14A, B and C and P15 were referred to him he said,

"Dakwaan-dakwaan dalam P14A, B dan C dan P15 adalah sebahagian besar dakwaan dan tuhmahan jahat terhadap saya. Saya bersetuju bahawa tujuan tuhmahan dalam P14A, B dan C adalah untuk menjejaskan maruah dan nama baik saya. Kandungannya yang berunsur fitnah dan bertujuan jahat tidak semestinya akan menjejaskan nama baik saya sekiranya maklumat sebenar diketahui." He said that during his meeting with Dato Mohd Said on 11 August 1997 he was the one who raised the issue of Exhibit P14. At that time he did not know about it. He said that it contained allegations which were circulated by people who were paid. When asked whether Exhibit P14 contained allegations that he was involved in homosexual activities and had committed adultery with Azmin’s wife he said, "Saya mengetahui P14 mengandungi tuhmahan dan fitnah jahat terhadap saya oleh orang-orang jahat yang menuduh saya melakukan kegiatan homo dan fitnah zina oleh orang-orang yang upah terhadap isteri Mohd Azmin Ali." When asked whether the allegations in Exhibit P14A, B and C were widely circulated in August 1997 he said, "Saya setuju tuhmahan dan fitnah dalam P14A, B dan C telah tersebar secara meluas melalui satu conspiracy mulai Ogos 1997." When this answer was given the learned Deputy Public Prosecutor said that the question of conspiracy is irrelevant. I reminded the accused to answer the question as put. He was then asked whether he agreed that the allegations in Exhibit P14 could expose him to humiliation and hatred by many. In answer to that question he said, "Tuhmahan dan fitnah di dalam P14 tidak mudah menyebabkan kebencian ramai kerana rakyat juga ingin mengetahui punca dan usaha penyebar fitnah." When the question was repeated he said, "Saya bersyukur kerana meskipun ada tuhmahan jahat dan pakatan untuk menghina dan menimbulkan kebencian ramai rakyat masih menyayangi saya dan tidak terpengaruh dengan pakatan jahat tersebut." When asked whether the contents of Exhibit P14A, B and C could damage his reputation as Deputy Prime Minister and Minister of Finance the accused said that though the purpose of the allegations was to damage his reputation it did not succeed. When the question was repeated he said, "Saya tidak terjejas semata-mata kerana tuhmahan dan fitnah P14." It was then put to the accused that he would not want the allegations in Exhibits P14 and P15 to be widely circulated as they could expose him to humiliation and hatred by many. In reply he said, "Tuhmahan P14 dan P15 dari awal lagi diketahui fitnah besar dan jahat. Tidak mungkin kalaupun tersebar luas boleh mengakibatkan penghinaan dan kebencian ramai." When the question was repeated he said, "Saya telah jelaskan bahawa fitnah dan tuhmahan tidak mungkin menjejaskan nama baik saya." He was then asked whether on 12 August 1997 he had instructed Dato Mohd Said and Dato Amir Junus to trace Ummi and Azizan and to obtain information as to why they had made the allegations in Exhibit P14A, B and C. He denied that he gave such instructions and said that he only asked them to investigate into the allegations in depth. It was then put to him that he asked them to investigate into the allegations in depth as he was concerned about Exhibit P14A, B and C. In reply he said, "Saya telah meminta SP1 dan SP11 untuk menyiasat sedalam-dalamnya tentang P14B dan C kerana, pertama, saya sedar dan tahu kandungannya adalah fitnah dan, kedua, Ketua Polis Negara telah memaklumkan mengenai penerimaan P14 dan meminta SP1 dan SP11 meneruskan siasatan sebagai isu keselamatan. It was then put to the accused that on 13 August 1997 he instructed Dato Mohd Said and Dato Amir Junus to trace Ummi and Azizan as soon as possible to interview them and to "gempar" them. He denied that he had instructed them. He said that they came to his Official Residence to brief him on the progress of the investigation based on instruction given to them by the IGP. It was suggested to the accused that he asked Dato Mohd Said and Dato Amir Junus to " … menggempar dan bukannya menggempar sikit-sikit Ummi dan Azizan." His answer was this, "Tidak setuju. Apa yang berlaku ialah SP1 dan SP11 memaklumkan kepada saya kemajuan siasatan dan saya menyatakan dalam perbualan ringan itu supaya mereka (SP1 dan SP11) jangan terlalu keras, terutama konteks ianya berlaku, SP11 dalam laporan bunyi agak marah dan keras terhadap Ummi dan Azizan. Dalam kontek itu saya sebut janganlah macam itu, gempar sikit-sikit cukuplah." When the accused was asked whether the instruction he gave to Dato Mohd Said and Dato Amir Junus to trace and put fear in Ummi and Azizan meant that the police were forced to arrest them he said, "Saya tidak memberi arahan sama sekali seperti yang didakwa dan soal cara tindakan polis tidak pernah dibincang dengan saya." With regard to Exhibit P16 it was put to the accused that he lodged the report through ASP Zull Aznam to enable Dato Mohd Said to carry out his instructions and for Ummi and Azizan to be arrested. His reply was this, "Tidak benar. Saya yang buat laporan polis. Saya tahu tujuannya. Pada peringkat awal saya keberatan membuat laporan tetapi dinasihat oleh SP1 untuk membolehkannya menyiasat sedalam-dalamya isu P14 dan P15." When asked whether on 15 August 1997 he had told Dato Mohd Said and Dato Amir Junus that if the matter is investigated by the CID it should not be brought to Court the accused said, "Kes tersebut sepertimana yang dimaklumkan oleh Ketua Polis Negara kepada saya melibatkan isu keselamatan. Sebab itu sebelum CID memanjangkan saya harus dimaklumkan kemajuannya. Saya juga akui saya tidak cenderung pada ketika itu untuk membawa perkara itu ke Mahkamah kerana Special Branch baru memulakan siasatan." It was then put to the accused that he was not keen that the CID should investigate into the matter as he did not want the truth to come out. To this he said, "Tidak benar. Itu theory yang dipakai oleh musuh-musuh saya. Kalaulah benar saya takut kebenaran dibongkar dengan maksud melindungi atau saya telah membuat apa-apa kesalahan seperti yang dituhmah saya tidak akan membuat laporan polis dan tidak pula meminta SP1 menyiasat kes ini sedalam-dalamnya." It was put to the accused that he did not want the case to be brought to Court as he was worried about the publicity that it may bring against him. In response he said, "Saya tidak setuju kerana, pertama, saya sendiri yang membuat laporan polis melalui Zull Aznam, kedua, saya bersetuju dengan Peguam Negara bila beliau mencadangkan kepada saya untuk mengambil tindakan terhadap orang-orang yang berkenaan. Pada masa itu Perdana Menteri tidak bersetuju. Jadi tidak benar saya khuatir publicity mengenai kes ini sekiranya dibawa ke Mahkamah." When told that the decision to take the matter to Court could only be made by the Public Prosecutor he said, "Saya setuju. Kuasa pendakwaan ada pada Peguam Negara. Sebab itu saya menjawab soalan, pertama, merujuk kepada laporan polis dan, kedua setelah mendapat pandangan Peguam Negara." The accused was then asked whether on 16 August 1997 he had told Dato Mohd Said and Dato Amir Junus that if Ummi and Azizan were arrested they were not to be detained for long. In reply he said, "Saya ada menyebut kepada SP1 dan SP11 janganlah tahan Ummi dan Azizan lama-lama. Pada masa itu SP1 dan SP11 kata pada saya, ‘Dato Seri baik hati sangat. Orang fitnah macam itu pun masih kasihan lagi’." When challenged that this was never stated by Dato Mohd Said and Dato Amir Junus the accused said, "Ada mereka sebut. Pada masa itu mereka menunjukkan simpati yang amat sangat kepada saya." In answer to further questions the accused said that on 18 August 1997 at about 12.30 a.m. he did not instruct Dato Mohd Said and Dato Amir Junus to obtain written statements from Ummi and Azizan to retract and deny the allegations contained in Exhibit P14B and C. He said that the issue of the statements being addressed to YAB Prime Minister did not arise till June 1998. He admitted that he received Exhibits P17 and P18 possibly on the night of 18 August 1997. When it was put to him that he was the one who asked for these letters he said, "Saya tidak meminta salinan surat-surat tersebut. Ini sebab biasanya Special Branch memang menyerahkan banyak laporan atau surat yang penting untuk saya ketahui atau yang berkaitan dengan saya." It was then put to the accused that the contents of Exhibits P17 and P18 were important and beneficial to him. In answer to that he said, "Surat-surat ini (P17 dan P18) memberikan penjelasan dan maklumat tentang pendirian kedua-dua mereka Saya telah minta pihak polis menyiasat sepenuhnya." The accused was again asked whether the letters were of benefit and importance to him. He said, "I did ask the police to investigate fully into the matter. The letters are the result of the investigation. To me what is important is the truth. To that extent the letters are important to me." To a suggestion by the prosecution that on the night of 18 August 1997 it was he himself who had wished to meet Azizan at the Special Branch office but that it was not agreeable to Dato Amir Junus the accused said, "Saya tidak bersetuju. Ini direka oleh SP11. Kalau saya nak jumpa, saya jumpa Azizan dan Ummi, kalau betul." He denied a suggestion that he then instructed that Azizan be taken to his house.

The accused was then referred to Exhibits P20, P22 and D76. The questions and answers on these exhibits are as follows:

"Question : Adakah setuju bahawa P20 dan P22 membawa faedah kepada Dato Seri?

Answer : Bagi saya soal faedah tidak berbangkit.

(DPP requests for answer. Witness says that that is his answer .)

Question : Bersetuju atau tidak bahawa P20 dan P22 adalah penting kepada Dato Seri?

Answer : Kebenaran penting bagi saya.

Question : Adakah P20 dan P22 penting kepada Dato Seri?

Answer : P20 dan P22 ditulis oleh Azizan.

(DPP says that answer should be yes or no.)

Answer : Penjelasan Ummi dan Azizan terhadap tuhmahan dan fitnah adalah untuk memberikan kenyataan yang benar.

(DPP says that witness is evasive.)

Question : Bersetujukah tidak bahawa P20 dan P22 telah dihantar oleh Dato Seri sendiri kepada Perdana Menteri bersama dengan D76 sebagai lampiran-lampiran?

Answer : Soalan itu sangat mengelirukan kerana D76 dihantar kepada Perdana Menteri satu tahun berikutnya dan saya muatkan dalam lampiran hampir semua surat yang ada di dalam simpanan termasuk P14 yang dikatakan telah juga dikirim kepada Perdana Menteri. Saya tidak tahu sama ada sebahagian atau kesemua lampiran-lampiran tersebut telah dihantar kepada Perdana Menteri sebelumnya.

Question : Setuju atau tidak bahawa P20 dan P22 telah dihantar kepada Perdana Menteri bersama dengan D76?

Question : Dato Seri setuju atau tidak bahawa Dato Seri memuatkan P20 dan P22 ke dalam D76 untuk perhatian Perdana Menteri?

Answer : D76 ditulis kepada Perdana Menteri sebagai lanjutan perbincangan di antara saya dengan Perdana Menteri.

(DPP : Soalan saya tidak dijawab.)

Answer :: P20 dan P22, saya jawab setelah bincang dengan Perdana Menteri semua dokumen yang ada dalam rekod saya dilampirkan.

(Tan Sri AG says that the question is simple.)

Answer : Saya ulangi iaitu lampiran-lampiran di D76 termasuk P20 dan P22 dihantar kepada Perdana Menteri sebagai lanjutan perbincangan yang saya adakan dengan Perdana Menteri.

Question : Adakah Dato Seri setuju bahawa di dalam D76 Dato Seri ada menyebut bahawa Azizan dan Ummi telah menafikan dakwaan-dakwaan mereka seperti terkandung di dalam P14B dan C melalui P20 dan P22?

Answer : Betul. Ada reference di ms 5."

 When the accused was asked whether he had instructed Dato Mohd Said and Dato Amir Junus to obtain Exhibits P20 and P22 from Ummi and Azizan he said, "Saya tidak pernah diberitahu sama sekali tentang apa yang disebut arahan itu." He denied a suggestion that he was involved in the preparation of these letters.

12 February 1999

The accused was then questioned on the loss of money from his house. When he was asked whether he had lost two large sums of money from his house the accused said that Dato Amir Junus is not telling the truth. When asked whether he had asked the Special Branch to investigate the loss he said,

"Bila saya menjawat jawatan Timbalan Perdana Menteri pihak Special Branch berpendapat kawalan keselamatan kawasan rumah haruslah lebih ketat lagi dan tidak terdedah kepada orang ramai yang memasuki rumah dan kawasan rumah." The learned Deputy Public Prosecutor responded by saying that the question is simple and repeated it to which the accused said, "Betul untuk mengawal keselamatan kawasan rumah dan ini saya sampaikan kepada Zull Aznam." When asked whether he had asked the Special Branch to tap his telephone the accused said, "Tidak benar, tidak munasabah dan tidak masuk akal untuk saya meminta polis merakam telefon rumah saya. Bahkan, saya diberitahu telefon rumah saya dirakam beberapa tahun sebelumnya sejak di rumah peribadi saya di Damansara sebelum berpindah ke kediaman rasmi." The accused was then referred to the meeting he had on 30 August 1997. It was put to him that apart from the Attorney General and Dato Ismail Che Ros SAC Musa was also present. He said, "Setelah menyemak buku diari pejabat dan bertanyakan kepada setiausaha Mohd Azmin Ali kita tidak ada rekod kehadiran Musa Hassan pada tarikh tersebut. Nama-nama Peguam Negara dan Pengarah CID ada dicatat." To a further question he said that names of all officers who attend meetings will be recorded if the number is small. When told that what he said was not the truth the accused said, "Saya jelaskan bahawa apa yang saya jawab itu betul mengikut catatan diari dan nota pejabat." With regard to the meeting on 2 September 1997 the questions and answers go this way: "Question : Saya katakan pada pertemuan Dato Seri dengan SP13 pada 2.9.1997 Dato Seri telah memberi arahan kepada SP13 untuk menutup kes berkaitan dengan siasatan berkenaan dengan P16.

Answer : Saya tidak memberi arahan kepada SP13 untuk menutup kes.

Question : Saya katakan kepada Dato Seri bahawa Dato Seri telah mengarahkan SP13 untuk tidak menghantar kertas siastan berkenaan P16 kepada Peguam Negara pada pertemuan 2.9.1997 itu.

Answer : Ini tidak benar. Direka kemudian sebagai bukti conspiracy polis.

Question : Saya katakan di dalam pertemuan itu juga Dato Seri telah serahkan P20, P21 dan P22 kepada SP13.

Answer : Tidak benar saya serahkan kepada SP13."

 The accused was questioned on matters relating to Buku 50 Dalil and briefings that the Special Branch gives YAB Prime Minister. He was then queried on Exhibits D76 and D77 and the significance of the oath that he took as a Minister.

Re-examination

The re-examination started with the significance of the oath that the accused had taken and the confidentiality of Exhibits D76 and D77.

22 February 1999

The accused was asked to explain what he meant when he said in cross-examination that "semasa pertemuan saya dengan SP1 pada 11.8.1997 bukan saya mula bangkitkan isu P14". He said that what he

" … meant was, firstly, the meeting on 11.8.1997 with SP1 and SP11 was after I received a call from the IGP informing me about P14 and requesting SP1 and SP11 to see me in order to brief me. Secondly, because the visit of SP1 and SP11 was pre-arranged they immediately intimated to me about P14 on IGP’s instructions." Learned counsel reminded the accused that he was referring to the meeting on the morning of 11 August 1997 and that the question is confined to the meeting with Dato Mohd Said only. The accused then said, "What I said just now refers to the meeting at night on 11.8.1997. On the morning of 11.8.1997 I met SP1 alone after the other officers left. SP11 was not there at that time. The briefing given to me by SP1 and the team in the morning of 11.8.1997 was based on the decision of the National Security Council. That was an official meeting. P14 was not brought up at that meeting. SP1 stayed back after the official meeting for a private chat. But I did not bring up the issue of P14 because at that time I was unaware of it. P14 was intimated to me only later by the IGP who received the letter from Dato Megat Junid. The IGP intimated about P14 to me on the night of 11.8.1997. That was when he suggested that SP1 and SP11 meet me in order to give a briefing. (Saksi dirujuk kepada P14A, B dan C.) I was made aware of P14 by the IGP on the night of the 11th. A copy of P14 was later shown to me by SP1 and SP11." When asked to explain why he said in cross-examination that "Tuhmahan dan fitnah di P14 tidak mudah menyebabkan kebencian ramai kerana rakyat juga ingin mengetahui punca dan usaha penyebab fitnah" the accused said, "We cannot underestimate the intelligence of the public. They would certainly wish to know whether the scurrilous and malicious allegations were perpetrated by responsible individuals or backed by a group of conspirators." When asked whether from his knowledge his good name and reputation were affected in 1997 as a result of Exhibit P14A, B and C the accused said, "I thank God Almighty that these vile attempts to slander my reputation was rejected by the public excepting for the few enemies of mine in politics. Wild allegations are common occurrences amongst politicians and public figures." As to whether ID23 and ID24 had any effect on the allegations contained in Exhibit P14A, B and C in relation to exposing him to public contempt and hatred the accused said, "The statements made by the Prime Minister and the IGP did not help in allying public contempt because I did not believe, in the first place, that the public took a serious note or view of such vile accusations." When asked what he meant when he said in cross-examination that "Tuhmahan P14 bertujuan menjejaskan nama baik saya tetapi telah tidak berhasil" he said, "The intention of the conspirators was clear, that is, to undermine me politically but they failed because the identities of the conspirators were known and the allegations were baseless and absurd." He also said that it is most preposterous to suggest that any absurd or vile accusation would adversely affect the integrity of a person.

The accused said that Dato Mohd Said and Dato Amir Junus informed him that they were looking for Ummi and Azizan so that they would be able to find out why Exhibit P14 was written and who the others were behind it. He was asked to explain the use of the word "instruction" by him in his examination-in-chief and "meminta" in cross-examination when he said, "Apa yang berlaku ialah saya telah meminta SP1 dan SP11 menyiasat sedalam-dalamnya dakwaan P14B dan C." He explained it in this way:

"I used consistently the word ‘instruct’ to instruct officers as Deputy Prime Minister and Minister of Finance to do what is right and proper according to the law. Dozens of statements and speeches were to that effect. Again the word ‘instructions’ is applicable to all officers." When asked to explain the information given to him by the IGP about Exhibit P14A, B and C he said, "The instruction from the IGP was clear. He informed me that P14 was a security matter because it was clearly an attempt to undermine the leadership and to cause political instability. So when SP1 and SP11 came to see me at my residence I suggested that they investigate thoroughly P14. At that time I did not decide which branch of the police would conduct investigations. SP1 and SP11 were asked by the IGP to come and brief me. The IGP merely said that P14 involved me and as Deputy Prime Minister and Minister of Finance and he would construe it as a security matter." He said that in his meeting with Dato Mohd Said and Dato Amir Junus on 13 August 1997 he merely suggested as a follow-up to their briefing to investigate Exhibit P14 thoroughly.

When asked what his purpose was in lodging Exhibit P16 through ASP Zull Aznam he said,

"I decided to lodge P16 to allow the police to investigate P14 and P15 thoroughly. In fact it is clear from the last sentence of P16. SP1 suggested that I make P16 in order to facilitate investigation." He was then asked this question, "Why is it that at that time you were not inclined to have this matter brought to Court?" And he answered it this way, "I want to clarify that there are two issues involved. Firstly, the suggestion that I lodge a police report which initially I was not inclined to make for reasons I have explained as we receive hundreds of flying letters. As a practice we in the government then do not make reports on such matters. Secondly, whether this issue should be taken to court at a late stage. I was not inclined to decide on the matter then because the police was in the midst of investigating. The issue of whether to proceed or not was later on discussed by me with the Attorney General." He was then asked whether in his discussion with the Attorney General he was keen that the culprits be brought to justice. He said, "The Attorney General was keen to charge the culprits. I concurred with him. But I did caution him on the need to take note of the Prime Minister’s position to consider the matter closed." He said that based on the advice of the Attorney General he was keen to have the culprits charged so that the matter could be put to rest once and for all. He said that the Attorney General did not consider any criminal action against him.

After he lodged Exhibit P16 SAC Musa took his statement on 19 August 1997. When asked whether he would have lodged Exhibit P16 if he was not keen on police investigation he said,

"I would not have lodged a police report and I would not have requested the police to investigate the case thoroughly if I did not want the investigation." He was then asked whether he had any suspicion that Exhibits P17 and P18 were not voluntarily and properly obtained. He said in reply, "There was never a suspicion that P17 and P18 were involuntary." With regard to the accused’s evidence that Dato Mohd Said and Dato Amir Junus had told him that he is a good hearted person the questions and answers run as follows: "Question : Why was the part of the evidence of SP1 and SP11 saying that you are good hearted and still pitying people who surrender, not brought up when SP1 and SP11 gave evidence? (DPP says this question is perplexing.) Answer : The question is straightforward. I did not bring it up earlier because I thought that it would only be relevant to clarify matters if and when asked. There were many meetings. Many of the reports would be irrelevant. Many things were told to me but I had difficulty in informing court unless asked. This was said by SP1 and SP11, particularly so by SP11.

Question : Did you inform your counsel about this?

Answer : I informed my counsel about this after the evidence of SP1 and SP11."

 With regard to the directions that he was alleged to have given SAC Musa on 30 August 1997 the accused said, "Either in the presence of the Attorney General or not I would not have given the directions that I am alleged to have given SAC Musa on 30th August. The Attorney General would have cautioned me if I had done so." As to what transpired at the meeting on 2 September 1997 the accused said, "With regard to the meeting on 2.9.1997 I cannot recall what transpired at the meeting except for the fact that Musa informed me of certain developments or progress of his investigation. But I did not give any instructions to him not to proceed as alleged by him. At that meeting, I reminded Musa of the Prime Minister’s instructions as reported in the papers." 24 February 1999

The accused said that there was no loss of RM4 million from his house as stated by Dato Amir Junus. He did not on any occasion mention or complain about the so-called loss of so much money. He mentioned to ASP Zull Aznam about the security of his Official Residence and the possibility of documents being searched or petty cash for marketing amounting to about RM2,000 getting lost. This amount was made known to him by his wife. He spoke about it to ASP Zull Aznam who took it up with the higher authorities. He came to know about the loss of the RM4 million only when Dato Amir Junus gave evidence. He added,

"That was why I maintain that this figure is a recent fabrication as part of the attempt by the police and the Attorney General’s Chambers to vilify me." As to whether he obtained any benefit from Exhibits P17 and P18 he said, "With regard to P17 and P18 I derived no advantage or benefit whatsoever. It is just like one being accused for being a murderer and then there is a withdrawal of the allegation the following day. My contention has consistently been that the allegations were malicious and scurrilous and must be rejected." He said that the idea of getting the retraction letters from Ummi and Azizan must be either from Dato Mohd Said and Dato Amir Junus or the police and not his. He then said, "They just informed me and showed me the letters." When the accused proceeded to say that at that point he had agreed with the advice of the Attorney General that Ummi and Azizan should be prosecuted learned counsel reminded him that that was at a later stage. The accused agreed that what the Attorney General told him was at a later stage.

The accused called a total of 22 other witnesses to testify on his behalf. They are ASP Zull Aznam bin Haji Haron (DW2), Mohamed bin Ahmad (DW3), Sivabalan s/o Ethirmanasingham (DW4), Ashrof Abdullah (DW5), Abdullah Sani bin Said (DW6), Sa’odah binte Alias (DW7), Ngui Kee Heong (DW8), Ma’Amin bin Latip (DW9), Manjeet Singh Dhillon (DW10), Zamani bin Sulaiman (DW11), Dr Vasantha Nair (DW12), Rusdi bin Mustapha (DW13), Mohd Azmin bin Ali (DW14), Sukdev Singh s/o Surjit Singh (DW15), Nor Azman bin Abdullah @ Beginda anak Minda (DW16), Siti Mariam bt Mat Zain (DW17), Ahmad Aznam bin Abdullah Rahman (DW18), Mohd Faiz bin Abdullah (DW19), Kathirasan s/o S N Abidaiappan (DW20), Datin Seri Wan Azizah bt Wan Ismail (DW21) and Ong Cheng Keat (DW22). Mohd Kamil bin Othman (CW1) was called and examined by the Court on behalf of the Defence. I shall refer to their evidence, where relevant, at a later stage when I consider whether the prosecution has proved its case beyond reasonable doubt on all the evidence adduced.

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