Sunday, August 3, 2008

Image

On Day 10 of the trial, Altantuya's cousin Burmaa Oyunchimeg testified that after Altantuya returned from France, she went to Hong Kong to meet Burmaa, and showed her a photograph of Altantuya and her lover, Abdul Razak Baginda, who is accused of conspiring in her murder, and "a government official" taking a meal together.

THE CORRIDORS OF POWER

Kim Quek, Asia Sentinel (3 July 2007)

An unbelievable spectacle took place in the bizarre murder trial of Mongolian beauty Altantuya Shaaribuu on June 29. Karpal Singh, the lawyer for the victim’s family, attempted to ask a question about a “government official" allegedly seen in a photograph with the victim. At that point, both the prosecutor and the defense lawyer sprang to their feet in unison to block the question.

This resulted in a shouting match, with Singh on one side, the victim’s cousin on the stand, and the combined forces of the prosecution and defense blocking the line of questioning.

Earlier, a similar division of forces occurred when a Mongolian witness – a girlfriend of the victim told the court that immigration entry computer records of the deceased and her two Mongolian companions, including the witness, had been mysteriously erased. When Singh asked the court to take proper note of this highly irregular event, both the prosecution and defense objected to the evidence as irrelevant, and insisted that it be expunged.

Now, isn't that a strange phenomenon? A prosecutor is supposed to seek justice for the deceased victim's family against the murderers, so how come the prosecutor is now ganging up with defense lawyers to oppose the victim's family lawyer? Is this a case of prosecutor vs. defense or a case of prosecutor plus defense vs. victim's family? Obviously, the prosecution and defense seem to have plenty of common interests. What are those common interests?

The answer may lie in the identity of that "government official" that allegedly appeared in the photograph with Altantuya that both prosecution and defense tried so hard not to allow into court.

The picture

On Day 10 of the trial, Altantuya's cousin Burmaa Oyunchimeg testified that after Altantuya returned from France, she went to Hong Kong to meet Burmaa, and showed her a photograph of Altantuya and her lover, Abdul Razak Baginda, who is accused of conspiring in her murder, and "a government official" taking a meal together. Answering Singh later, after the shouting match in the court had subsided, she said this "government official" was Deputy Prime Minister Najib Tun Razak.

She could distinctly remember the name, she said, because it bears a similarity to Altantuya’s acknowledged lover's name, and she even asked Altantuya whether they were brothers. Burmaa further added that the photo had also been shown to Altantuya's father.

Now, the revelation of Najib in the photo would not have caused such a sensation if not for the deputy prime minister's oft-repeated denial of any knowledge of Altantuya, including a public denial during a recent by-election, when even the name of Allah was invoked.

What does Najib have to say now that his denial is directly contradicted by the witness Burmaa? His press secretary Tengku Sarifuddin Tengku Ahmad issued a brief statement on June 30 saying that the deputy prime minister had declined to comment for two reasons. One, any comment might be sub judice, since the case is in court, and, two, Najib had already repeatedly denied an acquaintance with the girl in the past, "as such, the issue over the picture does not arise,” the spokesman said.

Sub judice? That’s ridiculous. How could a simple statement like "I have never had my photo taken with Altantuya" be sub judice? In fact, being the number-two leader in the government, Najib is absolutely duty-bound to say outright whether he was ever photographed with Altantuya, in view of the serious implications of Burmaa's allegation.

The issue over the picture does not arise? Equally ridiculous. In fact, the opposite is true. Precisely because of Najib's past denials, it is all the more imperative that Najib must stand up now to clarify.

Guilty conscience?

There is only one explanation for Najib's past denials and his present silence: A guilty conscience. If Najib's conduct with respect to the case had been above-board, there would be no reason for him to deny an acquaintance with his friend Abdul Razak’s friend Altantuya. Similarly, if the allegation of the picture is false, it is inconceivable and totally incomprehensible that Najib should have chosen not to refute Burmaa's allegation.

In fact, Najib seems so worried about the publicity of the picture that his secretary called editors in the local press and requested them not to blow up the issue. This resulted in the explosive story being absent from the local headlines the next day. (In one Chinese paper – Guang Ming – the Najib story hit the front page in the evening edition, but disappeared completely by the next morning). And of course, Anwar Ibrahim's criticism of the trial and his specific call on Najib to clarify the issue of the picture during a press conference was generally blacked out.

However, despite such new suppression, irreversible damage is done. There is little doubt that Najib is deeply troubled and his political position seriously weakened.

Manipulation

That this murder case has been subjected to serious political manipulation has been obvious from the very start, when the police commenced their highly questionable investigation, right through to the present trial when the conduct of lawyers for both sides appear increasingly dubious. Instead of the prosecutor seeking the truth and the defense lawyer fighting for the accused, both seem preoccupied with an overriding mission – to prevent the whole truth from emerging. Their combined efforts to cover up the issue of the immigration record and the identity of Najib Razak in the picture are just two examples of such conduct.

The highly irregular nature of this case was also marked by frequent and mysterious changes of legal personnel, resulting in a complete change-over of the defense team, the prosecutors and the judge even before the hearings began. These weird phenomena were crowned by the shock appearance of a new team of prosecutors who were appointed only hours before the hearing was supposed to begin, thus necessitating an impromptu postponement of the trial for two weeks. None of these changes of legal personnel has been properly explained, except for the resignation of Abdul Razak’s first lawyer; Zulkifli Noordin, quit, he said, because of "serious interference by third parties".

Under these circumstances, the public must brace itself for more aberrant scenarios from this court, while Najib and his supporters may have to keep their fingers crossed in the days ahead when many more witnesses have yet to walk through what must appear to Najib as a minefield.

On a more serious note, this unseemly trial does not exactly add credit to Malaysia’s system, whose already wretched image has just been further mauled by the shameful finale of another sham trial – that of Eric Chia of Perwaja Steel fame. After seven long years of investigations and three years of court hearings, that case was thrown out due to lack of prima facie evidence. With that, the long-drawn out Perwaja Steel saga ended without finding any culprit for the mountain of losses (more than RM 10 billion) suffered by taxpayers.

There has been a spate of criminal cases being dismissed of late due to inadequate investigations and poor prosecution, indicating that the downward slide of our criminal justice system, which began in the Mahathir era, has gotten worse under Abdullah Badawi's leadership. With the criminal justice system in a shambles, the rule of law is in jeopardy. And that is an important benchmark to judge the efficacy of Abdullah's administration vis-à-vis his reform agenda.

Kim Quek is a Malaysia-based commentator.

Comments (17)Add Comment
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written by technoboy, August 04, 2008 | 10:10:57
Result of Pak Lah's reformed judiciary, don't be taken in, no better than TDM, after-all both of them were from the same breed.....UMNO crooks!
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written by shan, August 04, 2008 | 10:15:46
ONE VERY SERIOUS TROUBLE
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written by Tom n Jerry, August 04, 2008 | 10:17:35
This murder case must be handled bu International Court of Justice because the victim is not Malaysian;hence it is only appropriate that no prejudice must surface;the whole world wants a fair & transparent trial without fear or favour!
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written by shan, August 04, 2008 | 10:24:46
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written by binarytan, August 04, 2008 | 10:25:50
Najis is in fact could be innocent.

We should charge the Minister of Defence in court of war crime, not Najis but his old fat mama Rosmah.

Right now Altantuya case is just full of joke with real criminal is living like heaven.

smilies/angry.gif smilies/angry.gif smilies/angry.gif smilies/angry.gif smilies/angry.gif
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written by Ali Cordoba, August 04, 2008 | 10:33:14
Embarasse me Muslims!
http://www.worldfutures.info/Editor/Editor-Notes/Muslim-World-An-embarrassing-situation-but-laughable.html
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written by sydput, August 04, 2008 | 10:35:35
Abdul Razak baginda, who used to or is working under najib, got a RM500 million commission for the submarine deal. Isn't that conflict of interest since all details pertaining to the contract, he would have obtained before anyone else?
badawi's clean image is already in the gutter, so i suppose he couldn't care less the state of affairs in the country while he makes the most of it, since if anwar fails to topple him in September, the chances is that Tengku razaleigh will finnsh him off in december.
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written by malgal, August 04, 2008 | 10:39:44
quite frightening to be in court in malaysia - hemmed in by both prosecution and defence - better to have this trial heard in an international court. afterall, if our dpm has sworn before God Almighty, what's men at an international hearing? Najib will clear his name once and for all, internationally as the case has been proven to be quite beyond our malaysian court of law. How about it?
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written by malgal, August 04, 2008 | 10:42:09
no amount of c4 can erase the deed done to this young woman.
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written by Everbright, August 04, 2008 | 11:04:59
Thank you Kim Quek for reminding Malaysians of this matter. Notice also Najib's actions and body-language which speaks louder than words: "very evasive, submissive and biding for time". He knows AAB is very weak but he is unable to plunge the knife into his boss back despite promptings from TDM. Why? Because he is into this deep mud-shit. As the Minister in-charge of Defence establishment, he owes the Nation an explanation how the C4 (a militay-explosive) could be smuggled out for eliminating civilians. I am still waiting for this. The PI's first SD also corraborated Burmaa Oyunchimeg's testimony that he was acquainted with the deceased person. The primary motive is missing from this trial. I hope and pary that there will be no miscarriage of justice but seeing how the trial is being conducted, I am fast losing my faith in the system. The behavior of the prosecution suggests that they have convinced themselves of the likely killers, ignoring fresh evidence and leads. Very sad for our Nation.
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written by temenggong, August 04, 2008 | 11:10:45
Embarasse me Muslims!
http://www.worldfutures.info/Editor/Editor-Notes/Muslim-World-An-embarrassing-situation-but-laughable.html


It looks like Ali Cordoba is maturing and getting the picture.
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written by ahmadneil, August 04, 2008 | 11:20:43
The photos are picture perfect.
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written by Counterpointer, August 04, 2008 | 11:21:24
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written by ahmadneil, August 04, 2008 | 11:23:06
The photos say a thousand words.
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written by ahmadneil, August 04, 2008 | 11:26:01
Photos say a thousand words.
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written by ahmadneil, August 04, 2008 | 11:27:55
sssssssssssssssssssssssssssssssssssssssssssssssssssssss sssssssssssssssssssssssssssssssssaaaaaaaaaaaaaaaaaaaaaa aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa aaaaaa
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written by ahmadneil, August 04, 2008 | 11:31:35
What is really happening to MT blog?????????????????????????????????????????
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