Bala's SD fills void

Bala's affidavit fills void in Altantuya trial Kim Quek Jul 16, 2008 - Malaysiakini Letters Any one who has read through private investigator P Balasubramaniam’s (Bala) sensational affidavit implicating Deputy Prime Minister Najib Razak in the Altantuya murder case must have been deeply impressed by the believability of the contents therein. For that affidavit has filled a huge void left gaping by the one-year old Altantuya trial – the absence of a compelling motive by the three accused. That the on-going Altantuya trial appears somewhat surreal is obvious from the facts that the first two accused who were charged for the killing appear to have no apparent motive while the third accused who was charged for abetting did not have any authority over the first two, as apparent from the following facts: The first two accused, who were bodyguards to Najib, had no knowledge of the girl. They were from the Special Action Force, where they were trained to execute extreme duties and to obey absolutely the orders from (and only from) their superior. The third accused, Razak Baginda, who is a confidante of Najib, is not a government official. Razak only met the two bodyguards for the first and only time one day before the murder. They were sent to Razak by Najib’s aide camp ASP Musa Safri. Since Razak couldn’t have given the order to kill, and the two bodyguards had no reason of their own to do so, surely there must be some one else involved who had authority over the two bodyguards. Why didn’t the police and the prosecutor pursue the cause of actions by the three accused? By leaving the core issue of motivation out of the case, is it not futile for the court to drift on and on rather aimlessly in looking for the elusive truth? Bala’s affidavit has landed with a big bang because it has boldly stated a position that has hitherto been taboo but actually makes sense of a seemingly perplexing case. It’s revelation of the alleged Najib-Altantuya-Razak triangle and the alleged attempt by police and prosecutors to eliminate Najib from this triangle actually explain some of the puzzling phenomena we have observed over this case. Bala, who had been engaged to protect Razak and his family from harassment by Altantuya, attempted through his affidavit to give a full account of what he has gone through and observed and what he has learned from the various parties involved in the case. It will be seen that Bala’s affidavit is an important document that not only offers significant new leads to the case, but also exposes the alleged collusion between higher powers to thwart justice. These accusations, though unproven as yet, are rendered credible by the logic-defying act of leaving Najib and Musa Safri completely out of the radar screen of the police, prosecutors, defence lawyers and the judge. In any democratic country with sound rule of law, Bala’s affidavit would have caused the immediate formation of an independent panel to probe into the veracity of the facts and allegations contained therein, with the aim to prevent a miscarriage of justice and to punish those found guilty of obstructing and transgressing justice. However, in this Boleh Land, this affidavit hardly caused a stir among those responsible to uphold the law – from the prime minister to de facto law minister to the attorney general, police and the judiciary. There has been no visible sign that any of these law enforcers are concerned about the fact that our laws and justice system might have been seriously violated, except the standard response to this kind of high-level scandal – the police are looking into the two affidavits, full stop. At the rate things are going, it looks almost a certainty that the so-called police investigation will not come up with anything that may impede the court session which will resume on July 23 to hear the summaries by both parties. A decision on whether there is a prima facie case will hence be made disregarding the Bala affidavit, despite the strong possibilities of serious transgression of justice as presented by the affidavit. This shameful episode is making a mockery of the prime minister’s most recent renewal of his vow to institute judicial reforms and to improve the rule of law. It also fortifies public perception that the institutions of state have existed to preserve the hegemony of the ruling political power as their top priority and not to serve the interests of the rakyat. The double-standard and the abuse of power that have been glaringly and disgustingly displayed in recent days by these law enforcers only deepen the alienation of the masses against the regime. The recent election has spoken in unmistakable term that the people have awoken to re-possess their rights under the constitution, and the ruling power is well warned not to take lightly to this political renaissance of the people. The corrupt power may win in a corrupt court, but there is no way it can escape harsh judgment in the hearts and minds of the masses. http://www1.malaysiakini.com/letters/86228