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 illicit 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
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