Translation of Anwar Ibrahim’s letter to Dr. Mahathir Mohamad, dated August 28, 1988
CONFIDENTIAL
Aug 28, 1998
The Honourable Dato’ Seri Dr. Mahathir Mohamad
Prime Minister of Malaysia
Prime Minister’s Department
Jalan Dato’ Onn
50502 Kuala Lumpur
Dear Dato’ Seri,
I would like to add to the letter I wrote on 25 August 1998.
For more than a year, the police has known of a plot to drive a wedge between the two of us by raising doubts in the public mind regarding my character. (The report is hereby submitted by hand.)
I attach here also Dato’ Nalla’s affidavit and clippings of press reports on them. It is clear that his detention and interrogation have nothing to do with national security. Instead he has been promised his freedom provided he signs a statement prepared by the police to disgrace his friends.
I would also like to inform you that a police officer has telephoned a former Universiti Kebangsaan Malaysia lecturer to extort a statement from him to the effect that he once had a homosexual relationship with me. He was threatened with prosecution on charges related to his past activities.
These are additional pieces of information that support my conviction that all those lies about me were concocted as part of a political conspiracy.
I submit this for your wise consideration.
And may God give you peace and blessings.
(signed)
Anwar Ibrahim
Translation of Anwar Ibrahim’s letter to Dr Mahathir, dated August 25, 1998.
25 August 1998
The Honourable Dato’ Seri Dr. Mahathir Mohamad
Prime Minister of Malaysia
Prime Minister’s Department
Jalan Dato’ Onn
50502 Kuala Lumpur
I would like to enlighten you regarding the calumnous campaign against me as a person and a politician. I am filled with dejection over the revolting lies that a pack of irresponsible human beings have invented to confuse the people and to inspire doubt in them regarding my character and my morals. They have even raised questions about my loyalty to you, which I have affirmed openly and repeatedly. Considering the method by which these slanders are spread and the timing of their release, I cannot but conclude that they are politically motivated.
I am sorry that for the last couple of weeks I have taken up so much of your time over a matter that has no direct connection with the running of government, what with the country facing an economic crisis. But I am left with no choice. Only the two of us can clarify the muddied waters and untangle the knots. Any interference from any quarter, be it from the political or administrative side, will only aggravate the situation.
The conspiracy to bring me down through calumny began more than a year ago with a poison-pen letter circulated so widely that it reached down even to small Umno branches. Even mosques have not been spared this desecration.
Normally, I would ignore accusations contained in unsigned circulars, but this time they were too offensive to be left unchallenged. I therefore lodged a police report through my aide-de-camp, ASP Zull Aznam Haron, on the 15th of August last year. Following the report, the police arrested and questioned two men—Mohd Taib Salamon and Tan Ah Kow alias Tan Beng Kim—who had impersonated police officers from the Special Branch. The two had detained and intimidated Ummi Hafilda Ali and Azizan Abu Bakar, the supposed originators of the web of lies against me.
I thank you for coming to my defence when the slanderous accusations first caught media notice. I took your advice—although the Attorney-General had a different view at that time—and decided not to let the matter drag, especially because it would involve or implicate personalities in government and politics, such as Tun Zaim Zainuddin, Datuk Megat Junid and Datuk Aziz Shamsuddin. Tun Daim and Datuk Megat Junid wrote to me to deny their involvement in any pact of calumny. (Tun Daim’s letter is appended.)
I had hoped that the smear campaign would then stop. Imagine my consternation when I learned, a few days before the Umno general assembly, that a person by the name of Khalid Jafri had written a book which in part repeated all the poison-pen lies and that the book would be distributed by the tens of thousands at the venue of the assembly. To prevent it, I had no choice but to get a court injunction. Unlike the poison-pen letter, the book carries the names of an author and a publisher, as if daring anyone to challenge the truth of its contents. I had to go to court to make that challenge; otherwise some readers would suspect that there was truth in the book. This issue regarding a campaign to calumniate me has been raised even in Parliament. (See Appendix 2.)
My confidential secretary, Mohd Azmin Ali, made a police report over the distribution of the book, the contents of which are clearly criminally libellous, and I have appointed a lawyer to handle a civil defamation suit against the author and publisher. I have since won an interlocutary injunction, effective until the case is settled. I append here the court’s judgement. (See Appendix 3.)
From the beginning, I have kept the Attorney-General informed of developments in my legal action. It is obvious that he is displeased over my decision to obtain the injunction and to go for a civil suit. I have given him my explanation—that unlike the poison-pen letter, the book has an author and a publisher. Nevertheless, I am satisfied with his guarantee of a thorough investigation to build a case of criminal libel against the author.
And I have promised that I would cooperate with the police. The Inspector-General of Police has assigned a senior officer to lead the investigation and he has repeatedly stated his view that the book’s contents are "tasteless" and "rubbish."
I acknowledge your aversion to the legal steps I have taken. Your opinion is that the book should simply be dismissed for the sham that it is, but I believe I must act because, more than just repeating the poison-pen lies, the book links me with a murder and accuses me of being a foreign agent and conspiring to topple the Prime Minister. In fact, the author and distributor of the book openly contend that my inaction would prove the book’s veracity. They declare confidently that I would never dare drag them to court for fear of exposing my alleged secrets.
I have consistently expressed my confidence in the professionalism of the police and the Attorney-General and in our system of justice. And both the IGP and the AG have assured me of their impartiality.
My lawyers assert that investigations should have easily been carried out according to normal procedure after I had lodged the police report since the "suspects" are known and the defamatory statements they are accused of making are published in a book. The named suspects are the ones who should be subject to police investigation. According to the Information Act, the onus is on them to prove their accusations, to show admissible evidence in court, not rumour, hearsay or fabrications.
But a week after my report was lodged, it became obvious that the police, who should be gathering evidence with which to prosecute the calumniators, were instead looking into my personal affairs. It was as if I had become the suspect. My lawyers advised me to demand an explanation from the IGP and the AG. But I told them I had complete faith in the professionalism and fairness of both officials.
Perhaps I should not expect sympathy from anyone. But I have the right to justice and I am sure that I will receive justice if government agencies are true to the ethics of their various professions. However, their current behaviour indicates some malice towards me. Instead of concentrating on the libellous book, they are now listening to stories churned out by the rumour mill, which is operated by politicians and millionaires who are intent on driving a wedge between the two of us and cutting me down. The stories in the book are submerged and new ones are brought to the surface. It is as if the police have lost their balance. Witnesses are pressured to make statements calculated to shame me. For example, when the police interrogated High Court Judge Ms Zainon Ali regarding her loyalty—whether it was to the Prime Minister or the Deputy Prime Minister—they asked her if she had a sexual relationship with me. I cannot yet determine the motive behind such a line of questioning. Before becoming a judge, she was the Registrar of Companies and therefore had a lot of official business with the Ministry of Finance. My relationship with her, as with other officials, was strictly business.
I see a picture of contradictions emerging, one that is unsettling. I do not object to the raid of Datuk Nalla’s house and his arrest on the justification that these would help the police in their investigation. But I have since received information that the idea was to extract a confession from him that would incriminate me in activities that are immoral and disgraceful. After I had spoken to you about this, you told the IGP to give me an explanation. I am grateful for that favour, but when the IGP met me he said only that the case was complex and investigations would continue. At the end of our meeting, he said it would be best for me to settle my political differences with you personally.
As you are aware, all those lies alleging immoral conduct on my part are said to have originated from information given by Ummi and Azizan. It is also claimed that the circulated poison-pen letter is a true copy of a letter Ummi wrote to you. You will remember handing over to me Ummi’s original letter and instructing me to "read and destroy."
It is obvious that the poison-pen circular is not the letter Ummi wrote to you. She has confirmed this herself. (See Appendix 6.) In a letter to Azmin, she denies that she is the source of the calumny alleging that I had an affair with Syamsida. (See Appendix 4.) She has made a similar denial in a letter to me (see Appendix 5) and again in a sworn statement (Appendix 7). I vehemently reject this evil slander. Now the calumniators have spun another tale—that Ummi was forced to make those statements of denial. This despite the distances in time and space that separate those denials and the similarity of their essential contents. I never met Ummi to pressure or cajole, or even to request an explanation for her calumny.
The same is true with Azizan, who is alleged to be the source of the lies about a homosexual relationship. He came to the Treasury last month to see me, but I declined. There is a story that I tried to buy him over with a lucrative government contract. This is nothing but a cheap lie. He eventually succeeded in seeing me by going through ASP Zull Aznam. In our meeting, he wept and swore that he was not involved in the writing of the book, despite its suggestion to the contrary. He said he knew that I had nothing whatsoever to do with the accident that resulted in his wife’s death, and he swore that he would maintain that assertion. He has written a letter of denial and a sworn statement. (See Appendices 8 and 9.) I am certain that the author of the book would not have made up such wild and fantastic accusations if he were not sponsored by influential personalities willing to pay him huge sums of money.
I have indicated above that there is a factory churning out these lies. As if the calumnous tales affecting Ummi and Azizan are not enough, a new story is produced. And there is no lie more hurtful to me--and the others who are implicated—than the one that says I have fathered an illegitimate child. It shocked me to hear the police suggest that I undergo a DNA test. This was precisely the challenge that Khalid Jafri made in a press statement. My lawyers protested, saying that the police were being ridiculous because, according to the law, the burden of proof was on Khalid Jafri to support his allegations with evidence, not the other way around. In other words, since it is Khalid Jafri who is making the allegations, it is he who must prove them. (See Appendix 10.) But to me this is more than just a legal issue. It is an issue affecting my dignity. Eventually, my lawyers agreed to the DNA test but proposed that it would be sufficient to carry out the test on Azmin, his wife and the affected child to confirm that the child issued from them. Praise be to God, it was thus confirmed. The Minister of Science, Technology and the Environment, Datuk Law Hieng Ding, himself telephoned me to give the good news.
But now telephone conversations from my home, which are recorded by the police, have become an issue. I am accused of being a foreign agent. Before this, I was called an Islamic and Malay-language extremist. You are wiser in matters regarding labels; so I am taking your advice to ignore such accusations.
Many stories are weaved regarding the role of Datuk Nalla, indeed about all the friends I play tennis with, including Datuk Ghazi Ramli, the late Datuk Wan Adli and several of my officers. I play tennis once or twice a week at the Tropicana, Kiara or Bangsar. There are stories that have been concocted about activities besides tennis during my tennis hours, complete with the name of a woman, a car registration number and an apartment number at Tivolli Villa. They are all lies. I play tennis openly, not in secret, beginning around 6.15 p.m. and stopping before the maghrib prayers, although I would sometimes stop for maghrib and continue a game afterwards. Every time I play, there are policemen posted outside the court. My tennis games are never played in secret and they are always under police watch.
I have also been accused of meeting a woman at the Flamingo Hotel, a place I have never set foot on. And I have been to the Tivolli Villa only twice--accompanied by Azizah--to visit my adopted sister, Sukma. With a conspiracy plotted so well, I will not be surprised if there emerges another "confession" by another paid woman.
I have been told that I may be charged under the Official Secrets Act (OSA). What a baffling thought! To charge under this act a person who holds the second most important position in government is nothing short of insulting. If it was true that government secrets had leaked, this would be the first time in history that the immediate suspect was the DPM.
Lately, some people have become uncomfortable with me because it seems I was the one who directed the Anti-Corruption Agency to investigate the Director-General of the Economic Planning Unit. I deny issuing the order. True, the ACA Director had informed me about the impending investigation, but I asked if the Prime Minister had been advised beforehand. He said the Prime Minister had been informed. I have been similarly accused of ordering an anti-corruption investigation against the IGP and the AG.
Thus my clarification. I know that even at this moment, more lies are being manufactured for consumption throughout the country. I am unsettled by the tone of the current investigations and many of my friends have advised that I should turn to the Prime Minister and seek his help in resolving this problem in the best possible manner. I leave it all to your wisdom and sense of justice. We go back a long way in a common struggle and we trust each other. We have together faced so many political challenges. You were the one who brought me into active work in Umno, nurturing and guiding me, and opening up for me opportunities for advancement until I have come to occupy my current position. I am not one who would easily forget kindness. Every time your position has been threatened, I was the first to come to your defence, no matter how serious the situation. My loyalty is intact. Please do not let the lies of the envious cause you to doubt it. They are but a political conspiracy. (See Appendix 11.)
I thank God the Almighty for giving me fortitude and patience in the face of this calumny. I know that the slandering will continue and that my protection is in God alone. I am grateful that Azizah remains strong as do friends who unceasingly pray for me. I will never forget them.
Yours truly,
(Anwar Ibrahim)
KUALA LUMPUR: Former Deputy Prime Minister Datuk Seri Anwar Ibrahim had homosexual relationships, sexual trysts with women of various races and tried to entice the wives of others, according to an affidavit filed at the High Court here yesterday.
The allegations were contained in the affidavit filed by CID deputy director SAC II Musa Hassan, who also heads the investigation into the book 50 Dalil Mengapa Anwar Tidak Boleh Jadi PM.
He said seven witnesses had given written statements during investigations.
Among them were:
A male witness who said he was sodomised 15 times by Anwar and the acts took place at several places including the Tivoli Villa apartment, Bangsar, owned by a company in which Datuk S. Nallakaruppan was a director. Nallakaruppan had access to the apartment.
A witness who said he suspected that his sister-in-law had an affair with Anwar and it happened in the Tivoli Villa apartment.
Nallakaruppan's former personal driver who said he had brought Anwar and Nallakaruppan to a certain place for illegal sexual services. The driver said he was once asked by Nallakaruppan to fetch Chinese, Mexican and Eurasian women and also those of other races for illegal sexual liaisons. Once, after returning from the Tivoli Villa apartment, the witness drove the car carrying Nallakaruppan, a woman and Anwar, who was wearing a wig.
A witness, involved in supplying women for prostitution, who said Nallakaruppan had once contacted him to obtain illegal sexual services. The witness said he too supplied the women to Nallakaruppan several times.
A female witness who said Nallakaruppan had introduced her to Anwar while in a car. The three of them then left for the Tivoli Villa apartment. The witness said she was molested in a room in the apartment and that Anwar had pleaded with her to have sex but she declined. At that time of the incident Nallakaruppan was in the apartment.
Another female witness who said she was once brought by Nallakaruppan to a bungalow and introduced to Anwar. The witness said she was asked to enter a room, and soon after Anwar followed her. Anwar kissed her and laid on her and at the same time hugged her.
However, she did not submit herself to have sex but instead lied that she was having her period.
Another female witness, an employee of a company in which Nallakaruppan was a director, who said she was brought to the Tivoli Villa apartment in a car driven by Nallakaruppan. In the apartment she was shocked when introduced to Anwar. They had sex, and after which the witness said they discussed the country's political affairs. Nallakaruppan gave the witness RM350.
The affidavit also said Nallakaruppan transferred his activities to an apartment in Impiana Court, Ampang, after the initial investigations over a poison pen letter on Anwar's alleged sex scandal surfaced in August last year and that the illegal sexual activities continued although investigations had commenced.
It also stated that another police report was lodged by a corporate figure who claimed that Anwar tried to seduce his wife while he and his wife were in the former deputy prime minister's delegation to Washington.
Source: The Star Friday 4 September 1998
By Ruslaini Abbas and Satwant Singh
KUALA LUMPUR, Thurs. - Former Deputy Prime Minister Datuk Seri Anwar Ibrahim was implicated in sexual misconduct including sodomy with a man, illicit sex and seducing a businessman's wife, in an affidavit filed in the High Court today.
Some of the encounters were alleged to have been facilitated by Magnum Corporation Bhd public affairs director Datuk S. Nallakaruppan.
The affidavit by Senior Assistant Commissioner II Musa Hassan from the Criminal Investigation Department was one of four filed and admitted by the court in relation to the case involving Nallakaruppan.
The affidavit outlined statements of seven witnesses, including a man who claimed he was sodomised 15 times by Anwar and a woman who alleged she was paid RM350 by Nallakaruppan after having sex with Anwar.
It stated that Anwar had attempted to seduce the wife of a businessman who were both in his delegation on a trip to Washington.
It also mentioned the police had evidence that Nallakaruppan gave RM60 million cash to Anwar during the 1995 general election.
The witnesses gave these statements to the police in the course of investigations into the book 50 Dalil Mengapa Anwar Tidak Boleh Menjadi PM.
The four affidavits were admitted after the court dismissed Nallakaruppan's application for them to be struck out or partly expunged.
Judge Abdul Wahab Patail said the documents were relevant to Nallakaruppan's application for a transfer from the Bukit Aman lock-up to the Sungai Buloh prison. Nallakaruppan, 52, who was arrested when bullets were found in his house in the course of investigations into the book, is charged with unlawful possession of 125 rounds of live Fiocchi 6.35mm ammunition.
The affidavits were filed by the police, Prisons director-general and the Attorney-General to support the police decision to hold him in Bukit Aman, and cited security reasons.
In his affidavit, Attorney-General Tan Sri Mohtar Abdullah agreed that the investigations involved national security. He said "if there was prima facie evidence, Nallakaruppan and/or the national leader concerned could be charged in court under the country's laws".
This included the Internal Security Act 1960, Official Secrets Act 1972, Penal Code, Women and Girls Protection Act 1973 and also the Prevention of Corruption Act 1961 and 1997.
The other two affidavits were filed by Prisons director-general Datuk Omar Mohamed Dan and Assistant Commissioner of Police Ramasamy Veerapan, who both affirmed the national security nature of the case.
Abdul Wahab also dismissed defence counsel Manjeet Singh Dhillon's application to postpone hearing the application for transfer to enable him to get instructions whether to file any affidavit-in-reply to the four affidavits.
The judge proceeded to hear Nallakaruppan's transfer application which was handled by his other counsel Balwant Singh Sidhu. Hearing continues tomorrow.
Nallakaruppan was taken back to the Bukit Aman lock-up.
Representing the respondents were Senior Deputy Public Prosecutor Azahar Mohamad, assisted by Deputy Public Prosecutor Stanley Augustin.
Source: The New Straits Times, 4 September 1998.
KUALA LUMPUR: Four affidavits filed in the High Court here yesterday have implicated sacked Deputy Prime Minister Datuk Seri Anwar Ibrahim in sexual misconduct and of being a threat to national security.
The affidavits were tendered to support the detention of Magnum Corporation Berhad public affairs director Datuk S. Nallakaruppan at Bukit Aman.
The allegations of sexual misconduct -- 15 counts of sodomising an unnamed man, illicit sex with a number of women, and trying to seduce the wife of a businessman while on a working trip to Washington -- were specifically contained in the affidavit of Senior Asst Comm II Musa Hassan, who is assistant CID director (Legal/Prosecution).
Several of the alleged sexual trysts took place at an apartment in Tivoli Villa in Bangsar here.
SAC Musa alleged that Nalla, who supposedly procured women for Anwar, transferred his base to an apartment in Impiana Court, Ampang, after a poison pen letter surfaced last year, alleging Anwar's sexual activities and police investigations into it.
SAC Musa heads the investigation into the book 50 Dalil Mengapa Anwar Tidak Boleh Jadi PM. Nalla is being detained at Bukit Aman under the Internal Security Act pending his trial for unlawful possession of 125 rounds of Fiocchi 6.35mm ammunition. Police found the ammunition in Nalla's house while carrying out investigations into the book.
The other affidavits -- citing national interest and security as grounds for Nalla's detention at the Bukit Aman lock-up instead of the Sungai Buloh prison -- were sworn by Attorney-General Tan Sri Mohtar Abdullah, Prisons Director-General Datuk Omar Mohamed Dan and ACP Ramasamy Veerapan.
SAC Musa's affidavit was to support an application to set aside Nalla's application for a transfer of his detention from the Bukit Aman lock-up to the Sungai Buloh prison. The documents were filed by Senior DPP Azahar Mohamed.
The court, which convened at 9.30am, stood down the matter at 10am to allow Nalla's counsel Manjeet Singh Dhillon time to study the documents.
By 11am, copies of the affidavits were making the rounds, after Justice Abdul Wahab Patail rejected Manjeet Singh's application to place the documents under embargo until the court had disposed of the application to expunge paragraphs nine to 13 in Musa's affidavit -- containing "scandalous" material on "personalities who cannot be here to defend themselves" -- later in the day.
Abdul Wahab ruled that the affidavits were public documents, and even if he decided to expunge the "scandalous" paragraphs after hearing submissions, he could then make such an order to prohibit their further publication.
Anwar, later, denied all statements implicating him, saying that it was a conspiracy to topple him, and that he was prepared to be dragged to court.
Apart from alleging that Nalla had procured women for Anwar, the other reason cited in SAC II Musa's affidavit was that the activities of the Magnum Corporation Bhd public affairs director could expose Anwar to blackmail.
SAC II Musa added that police had found several original letters addressed to the Deputy Prime Minister and Finance Minister involving applications for shares and projects in Nalla's possession, including a classified letter from a Finance Ministry officer and a personal handwritten letter from a High Court judge.
The affidavit by Mohtar explained that he had given approval for Nalla to be charged under the Internal Security Act, as the investigations into the book revealed issues of national interest and security.
The affidavit by Omar stated that he allowed for Nalla's transfer out of Sungai Buloh after being satisfied that there was sufficient reason to support the need to detain Nalla at Bukit Aman to enable smooth investigations. Ramasamy, in his affidavit, denied having ill-treated Nalla during interrogation.
Source: The Star Friday 4 September 1998
Thursday, September 3, 1998
KUALA LUMPUR, Thurs.- Police legal prosecution division chief SAC II Musa Hassan, in an affidavit in the High Court this morning (Thursday) said investigations had revealed that Datuk Seri Anwar Ibrahim allegedly sodomised an unnamed man 15 times.
Musa, who is also assistant director of the Criminal Investigation Department, said in the affidavit that the acts were said to have taken place in several places including the Tivoli Villa apartments.
Several women also gave statements to the police, claiming they had sex with Anwar, including one who alleged she was later paid RM350 by Datuk S.Nallakaruppan.
This affidavit was tendered to support his aplication to the Prisons Department to enable Nallakaruppan to remain in Bukit Aman police lock-up to facilitate full police investigation into the case.
Musa said the case could jeopardise national security if not investigated thoroughly without "fear or favour".
He tendered several reasons, among them: Nallakaruppan has information which involves a top national leader, Anwar.
He frequently accompanied Anwar abroad and there was concern that his activities could be exploited by subversive elements in and out of the country and that they could jeopardise national security.
The activities of Nallakaruppan with Anwar could expose Anwar to extortion (peras ugut) for the interest of subversive elements in and out of the country which could jeopardise national security.
Musa denied police investigation was motivated by malice, abuse of process and mala fides.
He also stated that police had obtained witnesses' testimony, documentary evidence, corroborative evidence and forensic evidence, including statements from seven witnesses.
Among the statements' outlines are:
Paragraph 9.1: A male witness said he was sodomised 15 times by Anwar and this sexual activity took place in several places including the Tivoli Villa apartments in Bangsar. The apartment is owned by a company of which Nallakaruppan is a director.
9.2: A witness gave a statement that he suspected his sister-in-law had a sexual relationship with Anwar, which took place in Tivoli Villa.
9.3 Nallakaruppan's former private driver gave a statement that he had brought Anwar and Nallakaruppan to certain places for seks haram (illicit sex).
He alleged he had been told by Nallakaruppan to bring Chinese, Mexican, Eurasian and other women for sex haram activities. He said on one occasion after returning from the Tivoli Villa apartment he had driven Anwar and Nallakaruppan and a woman, and Anwar was wearing a wig.
9.7: Another woman witness working in a company where Nallakaruppan is a director said she had been brought to the Tivoli Villa in a car driven by Nallakaruppan.
In the apartment she was shocked to see Anwar. They then had sex. After that, she said, they had discussed politics of the country. Nallakaruppan gave her RM350.
9.8: The police had given evidence that Nallakaruppan had given RM60 million to Anwar during the 1995 general election.
During a search of Nallakaruppan's house, the police found several items, including RM2 million in cash in various denominations including US$, Pound Sterling, Singapore Dollar and Ringgit Malaysia.
Private letters to Anwar were also found, including:
- an original letter from a public-listed company requesting to buy shares
- a hand-written letter from a High Court judge to Anwar.
- five original letters from a company listed on the main board of KLSE, which were addressed to the Finance Ministry requesting for Government projects; and
- a classified letter (Surat Terkelas) from a Finance Ministry official to Anwar.
Source: Malay Mail.
KUALA LUMPUR: The case against Magnum Corporation Berhad executive director Datuk S. Nallakaruppan has been described as one which "can threaten national security if it is not investigated fully, in detail, and without fear or favour."
In his affidavit, SAC II Musa Hassan said Nalla was believed to have information involving Datuk Seri Anwar Ibrahim.
"Because the applicant frequently accompanies Datuk Seri Anwar on overseas working trips, it is feared that his activities can be exploited by evil elements inside and outside the country who want to threaten the country's national security," Musa said in the affidavit.
He said the applicant's activities with Anwar could also expose Anwar to blackmail and threaten national security.
"Throughout the investigations into this case, several witnesses have been blackmailed and one witness's life was threatened," he said.
SAC Musa said Nalla was also believed to have access to national secrets through Anwar, and could reveal these secrets. He said nine original letters addressed to the former Deputy Prime Minister and Finance Minister were found, including one from a public company listed on the Main Board of the KLSE, another letter from a public listed company applying to buy shares listed on the Main Board and a personal handwritten letter by a High Court judge.
Five original letters from a public listed company on the Main Board addressed to the Finance Ministry applying for government projects were also found.
A classified letter from a Finance Ministry officer was also found in Nalla's house, SAC Musa said.
He said they also found RM2mil in foreign currencies.
Source: The Star Friday 4 September 1998
KUALA LUMPUR, Khamis - Satu afidavit yang difailkan di Mahkamah Tinggi di sini hari ini mendakwa, bekas Timbalan Perdana Menteri Datuk Seri Anwar Ibrahim melakukan hubungan homoseksual dan seks dengan wanita pelbagai bangsa dan cuba memikat isteri orang.
Selain itu, beliau, yang digugurkan daripada Kabinet semalam, didakwa menerima RM60 juta daripada Pengarah Eksekutif Perhubungan Awam Magnum Corporation Berhad, Datuk Nallakaruppan a/l Solaimalai, ketika pilihan raya umum 1995.
Dakwaan itu terkandung dalam afidavit Penolong Pengarah Jabatan Siasatan Jenayah, Senior Asisten Komisioner II Musa Hassan, yang juga penyelia pegawai penyiasat kes buku '50 Dalil Mengapa Anwar Tidak Boleh Jadi PM'.
Dalam afidavitnya berhubung kes itu, Peguam Negara Tan Sri Mohtar Abdullah, berkata keterangan-keterangan yang diperolehi setakat ini serius yang membabitkan kepentingan negara.
Sekiranya ada bukti prima facie, Nallakaruppan dan Anwar boleh didakwa mengikut Akta Keselamatan Dalam Negeri (ISA) 1960, Akta Rahsia Rasmi (OSA) 1972, Kanun Keseksaan, Akta Perlindungan Wanita dan Gadis 1973 serta Akta Pencegahan Rasuah 1961 dan 1967.
"Keluruhan undang-undang dan prinsip keadilan mestilah dipertahankan dan tiada sesiapa pun mempunyai kekebalan di sisi undang-undang," katanya.
Mohtar berkata, polis mestilah diberi peluang yang munasabah dan sah di sisi undang-undang bagi melengkap serta menyempurnakan siasatan dengan sepenuhnya.
Musa, Mohtar, Ketua Pengarah Penjara Datuk Omar Mohamed Dan dan Asisten Komisioner V Ramasamy, memfailkan afidavit sebagai jawapan bagi mengetepikan permohonan Nallakaruppan supaya penahanannya dipindah dari lokap Bukit Aman ke penjara Sungai Buloh.
Dalam afidavitnya, Musa juga mendakwa ada laporan polis yang Anwar cuba memikat isteri seorang ahli korporat di luar negara, ketika pasangan suami isteri itu mengikuti rombongan Anwar ke Washington.
Afidavit Musa itu juga menyebut bahawa seorang saksi mendakwa diliwat 15 kali oleh Anwar, manakala Nallakaruppan didakwa memberi RM350 kepada seorang wanita selepas wanita itu mengadakan hubungan seks dengan Anwar.
Menurut afidavit itu, Nallakaruppan sering mengikuti Anwar ke luar negara dan menjalankan kegiatan sebagai orang tengah yang membolehkan Anwar dipergunakan oleh anasir-anasir jahat bagi mengancam keselamatan negara.
Saksi-saksi itu disoal siasat oleh polis ketika siasatan berhubung dengan buku '50 Dalil Mengapa Anwar Tidak Boleh Menjadi PM'.
Nallakaruppan didakwa pada 12 Ogos lalu atas tuduhan memiliki 125 butir peluru hidup Fiocchi 6.35mm tanpa kebenaran sah di rumahnya di nombor 1-1, Selekoh Tunku, Bukit Tunku di sini, kira-kira jam 8 malam 31 Julai lalu.
Tertuduh, yang juga pengarah bagi enam syarikat tersenarai di Bursa Saham Kuala Lumpur didakwa mengikut mengikut Seksyen 57 (1)(b) Akta Keselamatan Dalam Negeri 1960 (semakan 1972) yang membawa hukuman mati mandatori.
Sebelum itu, peguambela Nallakaruppan, Manjeet Singh Dhillon memohon afidavit Musa dibuang sepenuhnya atau sebahagiannya kerana mengandungi bahan-bahan yang tidak sepatutnya diterima.
Manjeet bagaimanapun tidak mempertikaikan tiga afidavit lain yang diikrarkan oleh Mohtar, Omar dan Ramasamy.
Hakim Abdul Wahab Patail ketika membuat keputusan berkata, beliau berpuas hati bahawa afidavit jawapan yang diikrarkan oleh Musa itu berkaitan isu yang berbangkit daripada permohonan Nallakaruppan.
"Dengan itu, saya menolak permohonan supaya afidavit itu dibuang sebahagian atau sepenuhnya," katanya, selepas mendengar hujah Manjeet Singh Dhillon dan Timbalan Pendakwa Raya Kanan, Azhar Mohamad.
Daripada empat afidavit itu, hanya afidavit yang diikrar oleh Musa mengaitkan Anwar dengan dakwaan melakukan hubungan seks haram.
Sebelum itu, Azhar menafikan afidavit yang dikemukakan itu adalah dengar cakap atau tanpa sumber.
Menurutnya, nama sumber yang memberi maklumat tidak dinyatakan dalam afidavit kerana ia adalah soal keselamatan saksi dan polis masih lagi meneruskan siasatan.
Pada 25 Ogos lalu, Nallakaruppan, 52, yang ditahan di lokap Bukit Aman berhubung kes memiliki 125 butir peluru hidup, memfailkan permohonan supaya memindahkannya semula dari lokap Bukit Aman ke penjara Sungai Buloh.
Dia menamakan tiga responden dalam afidavitnya iaitu Ketua Pengarah Penjara, Ketua Polis Negara dan Kerajaan Malaysia.
Musa dalam afidavitnya menyatakan, beliau mengarahkan siasatan dilakukan terhadap buku 50 Dalil Mengapa Anwar Tidak Boleh Jadi PM selepas menerima empat laporan polis daripada dua peniaga, Abu Bakar Md Ahmad dan Abd Zarin Mohd Yasin serta Setiausaha Sulit Timbalan Perdana Menteri, Mohamed Azmin Ali dan daripada Anwar sendiri.
Beliau kemudian menafikan dakwaan Nalakaruppan dalam afidavit tertuduh, yang mendakwa polis, dalam penyiasatan terhadap tertuduh, sebenarnya berniat jahat dan menyalahguna kuasa.
Menurutnya, polis dalam siasatan itu memperolehi keterangan saksi, dokumen, keterangan sokongan serta forensik dan antara lain, tujuh saksi sudah memberi pernyataan bertulis.
Dakwaan lain terhadap Anwar ialah seorang saksi mengesyaki kakak iparnya menjalinkan hubungan seks dengan Anwar yang dilakukan di apartmen Tivoli Villa; serta bekas pemandu peribadi Nallakaruppan mendakwa pernah membawa Anwar dan Nallakaruppan ke tempat tertentu untuk perkhidmatan seks haram.
Afidavit itu juga mendakwa Anwar pernah menugaskan Nallakaruppan mendapatkan perempuan Cina, Mexico, Eurasian dan lain-lain bangsa untuk kegiatan seks haram.
Nallakaruppan juga didakwa pernah mengenalkan seorang wanita di dalam kereta kepada Anwar dan pergi ke apartmen Tivoli Villa serta dicabul kehormatannya.
Musa mendakwa, kes berkenaan menggugat keselamatan negara sekiranya tidak disiasat dengan teliti kerana Nallakaruppan mempunyai maklumat yang membabitkan Anwar.
Source: Berita Harian, Jumaat 4 September 1998.
BERIKUT ialah sebahagian kandungan empat afidavit jawapan pendakwaan berhubung permohonan Pengarah Eksekutif Perhubungan Awam Magnum Corporation, Datuk Nallakaruppan a/l Solaimalai dari lokap polis Bukit Aman ke Penjara Sungai Buloh.
Afidavit Senior Assisten Komisioner II Musa Hassan, Penolong Pengarah Jabatan Siasatan Jenayah.
SAYA adalah Penyelia Pegawai Penyiasat yang menyelia siasatan berkaitan buku 50 Dalil Mengapa Anwar Tidak Boleh Jadi PM dan telah mengarahkan siasatan dilakukan berkaitan buku itu setelah menerima empat laporan polis yang dibuat oleh penama berikut:
- Abu Bakar Md Ahmad, peniaga.
- Abd Zarin Mohd Yasin, peniaga.
- Mohamed Azmin Ali, Setiausaha Sulit Timbalan Perdana Menteri.
- Datuk Seri Anwar Ibrahim, Timbalan Perdana Menteri.
Kesemua laporan ini saya kelaskan untuk tujuan siasatan mengikut Seksyen 500 Kanun Keseksaan atas kesalahan fitnah jenayah. Afidavit Nallakaruppan a/l Solaimalai yang diikrarkan pada 25 Ogos 1998 telah dirujuk kepada saya dan saya membacanya serta memahami isi kandungan afidavit itu. Saya menafikan bahawa penyiasatan polis dalam kes ini dibuat dengan niat jahat (malice), salah guna proses dan mala fides.
Saya ingin menegaskan bahawa siasatan kes ini dan soal-siasat yang dijalankan terhadap Nallakaruppan melibatkan kepentingan keselamatan serta kesejahteraan negara. Siasatan telah dan sedang dijalankan mengikut peraturan dan undang-undang negara.
Di dalam menjalankan siasatan kes ini, selain memperolehi keterangan saksi-saksi, keterangan dokumentar, keterangan menyokong dan keterangan forensik, di antara lain, seramai tujuh orang saksi telah memberi pernyataan (bertulis) kepada polis seperti berikut:
* Seorang saksi lelaki telah menyatakan bahawa dia telah diliwat oleh Datuk Seri Anwar sebanyak 15 kali. Kegiatan homoseksual ini telah dilakukan di beberapa tempat termasuk di sebuah apartmen, Tivoli Villa di Bangsar. Apartmen ini dimiliki oleh sebuah syarikat yang mana Nallakaruppan adalah seorang pengarahnya yang mempunyai akses ke atas apartmen tersebut.
* Seorang saksi telah memberi kenyataan bahawa dia mengesyaki kakak iparnya menjalinkan hubungan seks dengan Datuk Seri Anwar dan perbuatan tersebut dilakukan di apartmen Tivoli Villa.
* Bekas pemandu peribadi Nallakaruppan dalam kenyataannya menyatakan bahawa dia pernah membawa Datuk Seri Anwar bersama Nallakaruppan pergi ke tempat tertentu untuk perkhidmatan seks haram. Dia pernah ditugaskan oleh Nallakaruppan untuk pergi mengambil perempuan-perempuan berbangsa Cina, Mexican, Eurasian dan lain-lain bangsa untuk kegiatan seks haram. Pernah pada satu ketika, selepas balik dari apartmen Tivoli Villa, saksi ini memandu kereta yang dinaiki oleh Datuk Seri Anwar bersama Nallakaruppan dan seorang wanita yang mana Datuk Seri Anwar dilihat memakai rambut palsu.
* Seorang saksi yang terlibat dalam pembekalan perempuan-perempuan bagi maksud pelacuran menyatakan bahawa Nallakaruppan pernah menghubunginya untuk mendapatkan khidmat seks haram. Saksi ini menyatakan dia juga beberapa kali telah membekalkan kepada Nallakaruppan perempuan-perempuan tersebut.
* Seorang saksi wanita menyatakan bahawa Nallakaruppan telah memperkenalkannya kepada Datuk Seri Anwar semasa di dalam kereta. Kemudiannya mereka bertiga telah pergi ke apartment Tivoli Villa. Di sebuah bilik di dalam apartmen tersebut saksi ini menyatakan dia telah dicabul kehormatannya dan dia juga menyatakan bahawa Datuk Seri Anwar telah merayu-rayu kepadanya untuk mengadakan hubungan seks tetapi dia telah menolaknya. Sewaktu kejadian ini berlaku Nallakaruppan berada di apartmen tersebut.
* Seorang lagi saksi wanita menyatakan bahawa dia pernah dibawa oleh Nallakaruppan ke sebuah banglo dan diperkenalkan kepada Datuk Seri Anwar. Saksi ini menyatakan dia diminta masuk ke sebuah bilik dan kemudiannya Datuk Seri Anwar telah masuk ke bilik tersebut lalu mencium dan menghempapnya sambil memeluknya. Namun dia tidak menyerahkan dirinya untuk hubungan seks. Untuk mengelakkan dirinya daripada keadaan tersebut dia telah membuat helah yang dia di dalam keadaan haid.
* Seorang lagi saksi wanita yang bekerja di sebuah syarikat yang mana Nallakaruppan adalah salah seorang Pengarah syarikat tersebut, menyatakan bahawa dia pernah dibawa oleh Nallakaruppan ke apartmen Tivoli Villa dengan kereta yang dipandu sendiri oleh Nallakaruppan. Di apartmen tersebut dia telah terperanjat apabila ditemukan dengan Datuk Seri Anwar Ibrahim. Mereka telah mengadakan hubungan seks. Setelah selesai mengadakan hubungan seks dengan Datuk Seri Anwar saksi ini menyatakan bahawa mereka telah berbincang tentang hal ehwal politik negara. Nallakaruppan telah memberi saksi ini RM350.00.
* Pihak polis juga mempunyai keterangan bahawa Nallakaruppan ada memberi wang tunai berjumlah RM60 juta kepada Datuk Seri Anwar semasa pilihan raya umum tahun 1995.
* Terdapat juga keterangan yang menunjukkan Nallakaruppan telah mengalihkan aktiviti-aktivitinya ke sebuah apartmen di Impiana Court, Ampang, Selangor selepas siasatan pertama yang dijalankan berkaitan surat layang terhadap Skandal Seks Datuk Seri Anwar Ibrahim pada Ogos 1997. Apartmen ini dimiliki oleh sebuah syarikat yang disenaraikan di Papan Pertama Bursa Saham Kuala Lumpur di mana dia merupakan seorang dari Pengarahnya. Kegiatan-kegiatan seks haram ini masih berterusan walaupun siasatan polis telah dimulakan.
Sewaktu pihak polis menjalankan siasatan, satu lagi laporan polis telah dibuat oleh seorang ahli koporat yang mendakwa bahawa Datuk Seri Anwar cuba memikat isterinya ketika beliau dan isterinya mengikuti rombongan Datuk Seri Anwar ke Washington. Dalam siasatan yang dijalankan oleh pihak polis adalah terbukti Nallakaruappan juga terlibat dalam aduan yang dibuat oleh ahli korporat tersebut.
Pihak polis juga mempunyai maklumat bahawa Nallakaruppan sering mengikuti Datuk Seri Anwar ke luar negara dan menjalankan aktiviti-aktiviti sebagai orang tengah di mana membolehkan Datuk Seri Anwar dipergunakan oleh anasir-anasir jahat luar negara yang boleh mengancam keselamatan dan kesejahteraan negara. Pada 31 Ogos 98 jam 4.30 petang saya telah pergi ke rumah Nallakaruppan untuk membuat pemeriksaan kerana keterangan menunjukkan bahawa dia adalah terlibat dengan siasatan kes 50 Dalil Mengapa Anwar Tidak Boleh Jadi PM. Saya telah menjumpai antara lain barang-barang bukti seperti berikut:
- 125 butir peluru jenis Fiocchi 6.35 mm
- 150 butir peluru .38 special
- 96 butir peluru 12 bore
- Sepucuk pistol .38 Smith & Wesson
- Surat-surat asal peribadi kepada Datuk Seri Anwar Ibrahim seperti berikut:
i) Surat asal daripada syarikat awam yang disenaraikan di papan pertama Bursa Saham, Kuala Lumpur.
ii) Surat asal daripada sebuah syarikat awam memohon untuk membeli saham yang disenaraikan di papan pertama Bursa Saham Kuala Lumpur.
iii) Surat asal peribadi yang ditulis tangan oleh seorang Hakim Mahkamah Tinggi kepada Datuk Seri Anwar Ibrahim.
iv) Lima surat-surat asal daripada syarikat awam yang disenaraikan di papan pertama Bursa Saham Kuala Lumpur, yang dialamatkan kepada Kementerian Kewangan memohon projek-projek Kerajaan.
v) Surat terkelas daripada Pegawai Kementerian Kewangan kepada Datuk Seri Anwar Ibrahim.
* Wang tunai bercampur-campur yang dijumpai dalam mata wang Pound Sterling, US Dollar, Singapore Dollar dan Ringgit Malaysia berjumlah lebih kurang RM 2 juta.
Saya ingin menegaskan bahawa kes ini boleh menggugat keselamatan negara sekiranya tidak disiasat dengan teliti dan menyeluruh serta tanpa 'fear or favour' di atas sebab-sebab berikut:
* Pemohon dipercayai mempunyai maklumat yang melibatkan seorang pemimpin tertinggi negara iaitu Datuk Seri Anwar Ibrahim.
* Berdasarkan bahawa pemohon sering menuruti sama Datuk Seri Anwar dalam menjalankan tugas-tugasnya di luar negara, adalah dikhuatiri bahawa kegiatannya boleh dieksploitasikan oleh anasir-anasir jahat di dalam dan di luar negara yang ingin menjejaskan keselamatan negara.
* Kegiatan-kegiatan pemohon dengan Datuk Seri Anwar Ibrahim boleh mendedahkan pemimpin negara tersebut diperas ugut bagi kepentingan anasir-anasir jahat di dalam dan di luar negara yang akan memudaratkan keselamatan negara.
* Sepanjang penyiasatan kes ini terdapat beberapa saksi telah diugut oleh orang-orang tertentu manakala seorang saksi lain diancam nyawanya.
* Pemohon dipercayai mempunyai akses kepada rahsia negara melalui Datuk Seri Anwar dan memungkinkan dia membocor rahsia negara.
Source: Berita Harian, Jumaat 4 September 1998.
AFFIDAVIT
I, Tan Sri Datuk Mokhtar bin Abdullah, IC No 440507-04-5259, residing at 34 Jalan SS 7/4 Kelana Jaya 47301 Petaling Jaya, a person of legal age, verily and solemnly affirm and state as follows:
1. I, the Attorney-General of Malaysia is competant and empowered to affirm this affidavit for and on behalf of the third respondent.
2. The Police revealed to me investigation papers regarding the the ownership of 125 Fiocchi 6.35mm bullets. I have scrutinised and considered carefully the said investigation papers. According to the powers vested in me under (Section 80) Internal Securities Act 1960 and under the discretionary powers given to me under Section 376 (i) of the Criminal Procedure Code, I gave approval for the charging of the applicant for offences under Section 57(1)(b) Internal Security Act 1960.
3. I refer to the affidavit by Senior Assistant Commissioner II (SAC II) Musa bin Haji Hassan, which was affirmed on 2 September 1998. I was also briefed by the Police on the development of the investigation that was carried out in relation to the book "50 Dalil Mengapa Anwar Tidak Boleh Jadi PM" (50 Reasons Why Anwar Cannot Become PM) and I agreed that the investigations and interrogation of the applicant involves national interest and security.
4. Police investigations are still ongoing and statements that have been obtained thus far are serious and involve national interest. Should there be prima facie evidence, Nallakaruppan and/or the said national leader can be charged in court under the Internal Security Act 1960, Official Secrets Act 1972, the Penal Code, the Women and Girls Protection Act 1973 and also the Anti-Corruption Act 1961 and 1997. The Rule of law and principles of justice must be defended and no one has immunity from the law. The Police must be given a reasonable and valid opportunity under the law to complete the investigations fully.
5. Based on the above reasons I apply to the Court to dismiss the application in the interests of justice.
Source: The Star Friday 4 September 1998
AFFIDAVIT
I, Datuk Haji Omar bin Mohammad Dan, I/C No. 0332691 at address JKR, Right Hand Officers Quarters, Kajang Prisons Complex, 43000 Kajang, Selangor, a person of legal age, verily affirm and state the following:
1. I am the Director-General of Prisons, Malaysia and the first respondent in this criminal application.
2. The Director of the Department of Investigation, Royal Malaysian Police through his letter no:JSJ KPN (PR) 39/6/7 dated August 13 1998 informed me of this investigation and this letter is attached as exhibit "OM1". After I examined the contents of the letter and weighed its contents carefully, I came to the conclusion that the case being investigated involves the security of the nation and as a result was satisfied that there was sufficient reason to support the need for the prisoner concerned to be held at the Bukit Aman Police Lock Up to enable the smooth and orderly conduct of investigations and with regards to the safety of the prisoner himself.
3. On August 13, 1998, in accordance with the powers given under Section 31 (1) (a) of the Prisons Act 1995, I gave a written order directing that the prisoner TMT 7039/98 Nallakaruppan a/l Solamalai I/C No: 461205-71-5045 who was at that date being held at the Sungai Buloh Prison Selangor present himself and be present at the Bukit Aman Police Lock Up beginning August 14 1998 to enable the police to conduct their investigation into the related cases and proceeded to order that the prisoner concerned be transported back to the Sungai Buloh Prison Selangor upon completion of the investigation. A copy of the order I issued has been attached as exhibit "OM2". Up till now, I have been informed that the investigation has not been concluded.
4. Referring to paragraph 21 of the affidavit of Nallakaruppan a/l Solamalai dated August 25 1998 in Kuala Lumpur, I deny that nothing concerning national security was given to me. I deny that the orders that I executed were not in accordance with the law, with malicious intent, ultra vires and mala fides. The orders I executed were done in the interest of the security of the nation.
5. Based on the declaration above, I, in all humility, apply that this application be rejected by this esteemed court in the interests of justice.
Sworn by the above mentioned
that is Datuk Haji Omar bin Mohamed Dan
in Kuala Lumpur on August 1998 at 11.30 am.
Director-General of Prisons,
Prison Headquarters Malaysia,
Bukit Wira, 43000,
Kajang, Selangor.
Forwarding Order Sec: 31
For TMT 7039/98 Nallakaruppan a/l Solamalai.
I have been ordered to bring to the attention of Y. Bhg. Datuk the above mentioned matter.
2. On 12/8/98 the High Court in Kuala Lumpur issued a warrant of arrest for the accused above to be detained at the Sungai Buloh Prison, Selangor. We request that the accused be detained at the Bukit Aman Police Lock Up for the reasons below:
2.1 The accused was arrested and his house searched with regards the book entitled "50 reasons why Anwar cannot be PM." The Police discovered the following items:
2.1.1 125 bullets of the FIOCCHI 6.35mm type
2.1.2 150 bullets of the .30 special type
2.1.3 96 bullets of the 12 bore type
2.1.3 a .38 Smith & Weston pistol
2.1.5 letters addressed to the Minister of Finance:-
(a) original, personal letters to YAB Dato Seri Anwar Ibrahim.
(i) an original letter from a public listed company exhibited on the Main Board of the Kuala Lumpur Stock Exchange.
(ii) an original letter from a public listed company which has applied to purchase shares listed on the main board of the Kuala Lumpur Stock Exchange.
(iii) the original personal letter handmwritten by a High Court Judge to Datuk Seri Anwar Ibrahim.
(iv) five original letters from public listed companies on the Kuala Lumpur Stock Exchange sent to the Finance Ministry applying for government projects.
(v) A classified letter from a Finance Ministry Officer to Datuk Seri Anwar Ibrahim.
2.1.6 Cash of various denominations was discovered in Pound Sterling, US Dollars, Sinagpore Dollars and Malaysian Ringgit amounting to some RM 2 million.
2.2 4 reports related to the book which is still under investigation.
2.3 For reasons of National Security as follows:
(a) investigations involving a national leader ie Datuk Seri Anwar Ibrahim and other national leaders.
(b) The accused is believed to have information that could expose an act of blackmail towards the said national leader for self interest or the interest of other parties. Therefore, national secrets may be threatened.
(c) For the safety of the accused where several witnesses in the case were threatened.
3. Therefore we apply for an order to be issued under section 31(1)(a) of the Prisons Act 1995, that the accused be held at the Bukit Aman Police Lock Up.
Thank You.
(Musa Hj Hassan
on behalf of Director Criminal Investigations Department
on behalf of Inspector-General of Police Royal Malaysian Police)
Prisons Act 1995
Act 537
Forwarding Order
(Section 31)
To,
Officer in charge, Sungai Buloh Prison, Selangor
All related Royal Malaysian Police Officers
THAT intern TMT 7039/98 Nallakaruppan a/l Solaimalai I/C no 461205-71-5045 is currently being held at the Sungai Buloh Prison, Selangor.
Hence, in executing powers given under Section 31 (1) (a) of the Prisons Act 1995, I order that the above named intern, commencing August 14, 1998, be allowed to remain at the Bukit Aman Police Lock Up under Police surveillance.
This forwarding order is issued solely for the purpose of enabling investigations to be carried out in relation to the case which involves national security.
This intern must be returned to the Sungai Buloh Prison, Selangor, as soon as investigations have been completed.
Signed on August 13 1998.
(Datuk Haji Omar bin Mohamed Dan
Director-General of Prisons Malaysia)
Source: The Star Friday 4 September 1998
IN THE HIGH COURT OF MALAYA, KUALA LUMPUR
(CRIMINAL DIVISION)
APPLICATION OF VARIOUS CRIMES NO. 45-40 1998
between
Nallakaruppan a/l Solaimalai .... Applicant
and
1. Director-General of Prisons, Malaysia
2. Inspector-General of Police, Malaysia
3. Government of Malaysia .... Respondents
AFFIDAVIT
I, Senior Assistant Commissioner II Musa bin Hj Hassan (Authority Card No. G/5360) of legal age and residing at Prosecution/Law Division, Criminal Investigations Department, Bukit Aman, 50560 Kuala Lumpur, verily affirm and state as follows:
1. I, the Assistant Director in the Criminal Investigations Department and hold the position of the Head of the Prosecution/Law Division, Criminal Investigations Department, Bukt Aman, 50560 Kuala Lumpur, am competent and have been given the authority to declare this affidavit as an officer of the Royal Malaysian Police and on behalf of the the Second Respondent.
2. I am the supervisor of the Investigating Officers supervising the investigation in relation to the book entitled "50 Dalil Mengapa Anwar Tidak Boleh Jadi PM" (50 Reasons Why Anwar Cannot Become the PM).
3. I have instructed that the investigations be carried out in relation to this book after receiving four police reports made by the following persons:
3.1 Abu Bakar bin Ahmad - a trader who lodged Dang Wangi report 13881/98. The report dated 17/6/98 is enclosed and marked as exhibit MHH1.
3.2 Abd. Zarin bin Mohd Yasin - a trader who lodged Dang Wangi report 13992/98. This report dated 18/6/98 is enclosed and marked exhibit MHH2.
3.3 Mohamed Azmin bin Ali - the Private Secretary to the Deputy Prime Minister, who lodged Dang Wangi report 14140/98. The report dated 19/6/98 is enclosed and marked exhibit MHH3.
3.4 Dato' Seri Anwar bin Ibrahim - the Deputy Prime Minister lodged Dang Wangi report 14722/98. This report dated 25/6/98 is enclosed and marked exhibit MHH4.
I have classified all the reports for the purpose of investigations under Sec 500 of the Penal Code for the offence of criminal defamation.
4. The affidavit of Nallakaruppan a/l Solaimalai declared on 25 August 1998 has been referred to me and I have read and understood the contents of the affidavit. I deny that police investigations in this case were conducted with malice, an abuse of process and mala fides.
5. With regard to paragraph 22 of the said affidavit, I, as the officer supervising the investigations deny all accusations made against the police officers investigating this case.
6. With regard to paragraph 23 of the affidavit, I as the officer supervising the investigations deny all accusations made against the police officers investigating this case.
7. With regard paragraph 24 of the affidavit, I as the officer supervising the investigations deny all accusations made against the police officers investigating this case.
8. I wish to stress that the investigations of this case and questioning of Nallakaruppan involves the security and peace of the country. Investigations have and are being carried out according to regulations and the laws of the land.
9. In conducting the investigations, apart from obtaining the testimony of witnesses, documentors, corroborative testimony and forensic testimony, seven witnesses have also made written statements to the police which are as follows:
9.1 A male witness has stated that he was sodomised by Datuk Seri Anwar 15 times. The homosexual activity was conducted at several locations including an apartment in Tivoli Villa in Bangsar. This apartment is owned by a company of which Nallakaruppan is one of the directors who has access to the said apartment.
9.2 A witness has made a statement that the witness suspected that the witness's in-law had a sexual relationship with Datuk Seri Anwar and it took place at the Tivoli Villa apartment.
9.3 The former personal driver of Nallakaruppan in his statement said that he had brought Datuk Seri Anwar with Nallakaruppan to a particular location for illicit sex. He had been assigned by Nallakaruppan to pick up women of Chinese, Mexican, Eurasian and other descent for illicit sex. Once, after returning from the Tivoli Villa apartment, this witness drove the car for Datuk Seri Anwar, Nallakaruppan and a woman, and that Datuk Seri Anwar had on a wig.
9.4 A witness involved in supplying women for the purpose of prostitution stated that Nallakaruppan had contacted him to procure illegal sexual services. This witness stated that he had also supplied such women to Nallakaruppan on several occassons.
9.5 A female witness stated that Nallakaruppan had introduced her to Datuk Seri Anwar while in the car. The three of them subsequently went to the Tivoli Villa apartment. In a room in the said apartment the witness stated that she was molested and she also stated that Datuk Seri Anwar kept pleading with her to have a sexual relationship but she refused. She said that Nallakaruppan was in the apartment at the time.
9.6 Another female witness stated that she had been brought by Nallakarupan to a bungalow and introduced to Datuk Seri Anwar. This witness stated that she was asked to enter a room, which Datuk Seri Anwar subsequently entered and proceeded to kiss her, and hug her while pinning her down. She said she resisted having sex with him by bluffing that she was menstruating.
9.7 Another female witness who worked at the company where Nallakaruppan was a director, stated that she was taken to the Tivoli Villa apartment by Nallakaruppan in a car driven by Nallakaruppan himself. At the apartment, she was surprised to meet Datuk Seri Anwar Ibrahim there. They had sex. After having had sex with Datuk Seri Anwar, the witness stated that they discussed the political affairs of the country. Nallakaruppan gave the witness RM350.
9.8 The police also have evidence that Nallakaruppan had given RM60mil cash to Datuk Seri Anwar during the general elections in 1995.
9.9 There is also evidence that that Nallakaruppan had transferred his activities to an apartment in Impiana Court, Ampang, after the initial investigations in relation to the poison pen letter on the Datuk Seri Anwar Sex Scandal in August 1997. This apartment is owned by a company, listed on the Main Board of the Kuala Lumpur Stock Exchange, where he is one of the directors. These illegal sexual activities continued although police investigations had commenced.
10. While the police were conducting investigations, another police report was lodged by a corporate member who claimed that Datuk Seri Anwar tried to seduce his wife while he and his wife were in Datuk Seri Anwar's delegation to Washington. In the investigations conducted by the police, there was evidence that Nallakaruppan was also involved in the complaint made by the corporate member.
11. The police also have information that Nallakaruppan often accompanied Datuk Seri Anwar abroad and conducted activities as middleman, which allowed Datuk Seri Anwar to be used by negative foreign elements which could threaten national security.
12. On 31.7.98, at 4.30pm, I went to Nallakaruppan's house to carry out checks as evidence showed that he was involved in the investigations of the case "50 Dalih Mengapa Anwar Tidak Boleh Menjadi PM" (50 Reasons why Anwar cannot Be PM). I found among other material, the following:
12.1. 125 Fiocchi 6.35 mm bullets
12.2. 150 .38 special bullets
12.3. 96 12 bore bullets
12.4 a .38 Smith & Wesson pistol
12.5. (a) Original personal letters to Datuk Seri Anwar Ibrahim as follows :
i) original letters from a public company listed on the Main Board of the Kuala Lumpur Stock Exchange
ii) an original letter from a public listed company applying to buy shares listed on the Main Board of the Kuala Lumpur Stock Exchange.
iii) An original hand-written personal letter from a High Court judge to Datuk Seri Anwar Ibrahim.
iv) Five original letters from a public listed company, on the Main Board of the Kuala Lumpur Stock Exhange, addressed to the Finance Ministry, applying for government projects.
v) A classified letter from a Finance Ministry official to Datuk Seri Anwar Ibrahim.
12.6. Cash in Pound Sterling, US dollars, Singapore dollars and Malaysian ringgit totalling about RM2mil.
13. I wish to stress that this case can threaten national security if it is not investigated carefully and thoroughly without fear or favour for the following reasons :
13.1. The applicant is believed to have information involving a top national leader, that is Dato Seri Anwar Ibrahim.
13.2. Based on the fact that the applicant often accompanies Datuk Seri Anwar Ibrahim on his duties abroad, it is feared that his activities can be exploited by mischievous elements in and out of the country that want to jeopardiese national security.
13.3. The applicant's activities with Dato Seri Anwar Ibrahim can expose the said national leader to blackmail, by mischievous elements in and out of the country, which will be detrimental to national security.
13.4. During the investigation of this case, a few witnesses were threatened by certain persons, while one witness' life has also been threatened.
13.5. The applicant is believed to have access to national secrets through Dato Seri Anwar and this could enable him to reveal national secrets.
14. Based on the reasons in para 13, I have applied in writing, such as exhibit OM1, in Datuk Haji Omar bin Haji Mohamed Dan's affidavit which was affirmed on 29 Aug 1998, for Nallakaruppan to be permitted to remain at the Bukit Aman police lock-up under the supervision of the police, until investigations have been fully completed.
15. ACP Ramasamy a/l Veerapan's affidavit which was affirmed on 2 September 1998 has been referred to me and I have read and understood the contents of the said affidavit. ACP Ramasamy a/l Veerapan is one of the officers involved in the investigation of this case and I wish to stress once more that the investigation into this case and interrogation of Nallakaruppan were conducted in the interest of national security.
16. Until today, investigation and interrogation of Nallakaruppan have yet to be fully completed and the Police need to continue the investigation and interrogation of Nallakaruppan so that all aspects of national security, peace and well-being are protected.
17. I believe strongly that all actions that have been taken with regard to the applicant are just, appropriate and fair according to the procedures allowed by the rules and laws. Based on the above reasons, I apply for the application to be dismissed by the esteemed court in the interests of justice.
Affirmed by
Senior Assistant Commisioner II
MUSA BIN HAJI HASSAN
G/5360
In Kuala Lumpur on 2 Sept 1998 at 4 pm
Source: The Star Friday 4 September 1998
IN THE HIGH COURT OF KUALA LUMPUR
(CRIMINAL DIVISION)
VARIOUS CRIMINAL APPLICATIONS NO. 45-40 1998
In the matter of Section 31 Prisons Act, 1995
and
In the matter of the Prison Director-General's Order dated 13 August 1998
and
In the matter of the existing jurisdictions of the High Court of Malaya
Between
Nallakaruppan a/l Solaimalai .... Applicant
and
1. Director of Prisons, Malaysia
2. Inspector-General of Police, Malaysia
3. Government of Malaysia .... Respondents
AFFIDAVIT
I, Assistant Commissioner of Polis Ramasamy s/o Veerapan Authority Card No. G/3857, residing at No. 16, Jalan 5/7, 46000, Petaling Jaya, a person of legal age, verily affirm and state the following:
1. I was one of the senior police officers with the designation of ACP assigned to the Kelantan Police Contingent Office. I was one of the police officers involved in the police investigations in relation to the book titled "50 Dalil Mengapa Anwar Tidak Boleh Jadi PM." In the process of the investigations I was directed to interrogate a person by the name of Nallakaruppan s/o Solaimalai I/C No.: 461205-71-5045.
2. Nallakaruppan s/o Solaimalai's affidavit which was made on 25th August 1998 was referred to me and I have read it and understood its contents.
3. In para 26 of the said affidavit I deny all allegations against me.
4. In para 27 of the said affidavit I deny all allegations against me.
5. In para 28 of the said affidavit I deny all allegations against me.
6. In para 29 of the said affidavit I deny all allegations against me.
7. In para 31 of the said affidavit I deny all allegations against me.
8. I interrogated Nallakaruppan with regard to national security, in view of the fact that investigations in relation the book "50 Dalil Mengapa Anwar Tidak Boleh Jadi PM" have implications on national security because it involves a national leader and also because several documents obtained in Nallakaruppan's house are Government documents.
9. I deny all charges by Nallakaruppan that the interrogation by me on him has no connection with national security. I hereby stress that all interrogations are related to national security and all interrogations have been conducted in accordance with the laws and regulations of the country.
10. Based on these reasons, I humbly request for this application to be dismissed by this honourable Court, in the name of justice.
Affirmed by the above named,
Assistant Commissioner of Police Ramasamy a/l Veerapan.
G/3857
In Kuala Lumpur on September 2, 1998 at 3.20pm.
Source: The Star Friday 4 September 1998
Datuk Seri Anwar Ibrahim, in two letters to Datuk Seri Dr Mahathir Mohamad dated Aug 25 and Aug 28, traced the "conspiracy" to bring him down to a poison letter circulated more than a year ago. The following are extracts from the letters, which were translated from Bahasa Malaysia and posted on the Internet.
Letter dated Aug 25, 1998
The Honourable Dato' Seri Dr Mahathir Mohamad,
I would like to enlighten you regarding the calumnous campaign against me as a person and a politician.
Considering the method by which the slander was spread and the timing of its release, I cannot but conclude that it was politically motivated.
Only the two of us can clarify the muddied waters and untangle the knots.
The conspiracy to bring me down through calumny began more than a year ago with a poison-pen letter circulated so widely that it reached even the small Umno branches.
Normally, I would ignore accusations contained in unsigned circulars, but this time they were too offensive to be left unchallenged.
I therefore lodged a police report on Aug 15 last year.
I hoped then that the smear campaign would stop.
Imagine my consternation when I learned, a few days before the Umno general assembly, that a person by the name of Khalid Jafri had written a book which in part repeated all the poison-pen lies and that the book would be distributed by the tens of thousands at the venue of the assembly.
To prevent it, I had no choice but to get a court injunction.
Unlike the poison-pen letter, the book carries the names of an author and a publisher, as if daring anyone to challenge the truth of its contents.
I had to go to court to make that challenge; otherwise some readers would suspect that there was truth in the book.
My confidential secretary, Mohammed Azmin Ali, made a police report over the distribution of the book, the contents of which are clearly criminally libellous, and I have appointed a lawyer to handle a civil defamation suit against the author and publisher.
I have since won an interlocutary injunction, effective until the case is settled.
The named suspects are the ones who should be subject to police investigation. According to the Information Act, the onus is on them to prove their accusations, to show admissible evidence in court -- not rumour, hearsay or fabrications.
But a week after my report was lodged, it became obvious that the police were instead looking into my personal affairs.
It was as if I had become the suspect. Their current behaviour indicates some malice towards me.
Instead of concentrating on the libellous book, they are now listening to stories churned out by the rumour mill, which is operated by politicians and millionaires who are intent on driving a wedge between the two of us and cutting me down.
I see a picture of contradictions emerging, one that is unsettling.
I do not object to the raid on the house of Datuk Nalla [a close friend and occasional tennis partner of Datuk Anwar awaiting trial on a charge of unlawful possession of live ammunition] and his arrest on the justification that these would help the police in their investigation.
But I have since received information that the idea was to extract a confession from him that would incriminate me in activities that are immoral and disgraceful.
I am certain that the author of the book would not have made up such wild and fantastic accusations if he were not sponsored by influential personalities willing to pay him huge sums of money.
I have indicated above that there is a factory churning out these lies. And there is no lie more hurtful to me -- and the others who are implicated -- than the one that says I have fathered an illegitimate child.
It shocked me to hear the police suggest that I undergo a DNA test.
Eventually, my lawyers agreed to the test but proposed that it would be sufficient to carry out the test on Azmin, his wife and the affected child to confirm that the child issued from them.
Praise be to God, it was thus confirmed. The Minister of Science, Technology and the Environment, Datuk Law Hieng Ding, himself telephoned me to give the good news.
But now, telephone conversations from my home, which are recorded by the police, have become an issue. I am accused of being a foreign agent.
Many stories have been woven regarding the role of Datuk Nalla, indeed about all the friends I play tennis with and several of my officers.
I play tennis once or twice a week at the Tropicana, Kiara or Bangsar. There are stories that have been concocted about activities besides tennis during my tennis hours, complete with the name of a woman, a car registration number and an apartment number at Tivolli Villa.
They are all lies.
I play tennis openly, not in secret, beginning around 6.15 pm and stopping before the maghrib prayers, although I would sometimes stop for maghrib and continue with a game afterwards.
Every time I play, there are policemen posted outside the court.
My tennis games are never played in secret and they are always under police watch.
I have also been accused of meeting a woman at the Flamingo Hotel, a place I have never set foot on.
And I have been to the Tivolli Villa only twice -- accompanied by Azizah [Datuk Anwar's wife] -- to visit my adopted sister, Sukma.
I have been told that I may be charged under the Official Secrets Act.
What a baffling thought! To charge under this act a person who holds the second-most important position in government is nothing short of insulting.
If it were true that government secrets had leaked, this would be the first time in history that the immediate suspect was the DPM.
Please do not let the lies of the envious cause you to doubt it.
They are but a political conspiracy.
Yours truly,
Anwar Ibrahim
Letter dated Aug 28, 1998
The Honourable Dato' Seri Dr Mahathir Mohammad
Dear Dato' Seri,
I would like to add to the letter I wrote on 25 August 1998.
For more than a year, the police have known of a plot to drive a wedge between the two of us by raising doubts in the public mind regarding my character. (The report is hereby submitted by hand.)
I attach here also Dato' Nalla's affidavit and clippings of press reports on them. It is clear that his detention and interrogation have nothing to do with national security. Instead he has been promised his freedom provided he signs a statement prepared by the police to disgrace his friends.
I would also like to inform you that a police officer has telephoned a former Universiti Kebangsaan Malaysia lecturer to extort a statement from him to the effect that he once had a homosexual relationshipn with me. He has threathened with prosecution on charges related to his past activities.
These are additional pieces of information that support my conviction that all those lies about me were concocted as part of a political conspiracy.
I submit this for your wise consideration.
And may God give you peace and blessings.
(signed)
Anwar Ibrahim.
Source: The Strait Times (Singapore), Sunday 6 September 1998