By Clara Chooi
IPOH, Nov 4 — A Malaysian Anti-Corruption Commission (MACC) witness testifying in the graft trial of two former PKR assemblymen was accused of withholding information from the court by the defence counsel here today.
MACC assistant investigating officer Nur Azrin Desa fumbled through several questions during the cross-examination by defence counsel Surjan Singh, causing the latter to accuse him of holding back information.
Surjan made the observation after pointing out that Nur Azrin’s consistent response of “I do not know” to many of the defence panel’s questions, showed the witness was being untruthful.
Surjan: Tell the court what was (Mohammad) Imran’s (Abdullah) role in this case?
Mohamad Imran Abdullah is the trial’s star witness, who played the role of MACC’s agent provocateur to set a trap that led to the arrests of former state executive councillors Behrang assemblyman Jamaluddin Mohd Radzi, Changkat Jering assemblyman Mohd Osman Mohd Jailu, the late former Perak Development Corporation technician Ruslan Sahat, PKR politician Usaili Alias, former Perak Tengah district councillor Zul Hassan and businessman Fairul Azrim Ismail.
The six were arrested in August last year for allegedly receiving bribes to aid Mohamad Imran in obtaining a RM180mil housing development project in Seri Iskandar.
Nur Azrin: Mohamad Imran was the complainant.
Surjan: Do you know the meaning of complainant?
Nur Azrin: Yes.
Surjan: Then what was his complaint in the case?
Nur Azrin: I am not sure.
Surjan: If you do not know, then why did you say he was the complainant?
Nur Azrin: I was told by (MACC officer Mohd) Firdaus (Idris).
Surjan: What did Firdaus tell you?
Nur Azrin: He told me that the case involved a misappropriation of funds involving project in Seri Iskandar.
Surjan: That’s all he told you? So there was no mention of him being a complainant of the case. Is it true that in this case, Mohamad Imran was hired and paid to lay the trap for these men?
Nur Azrin: Not true.
Surjan: I am telling you, Mohamad Imran himself admitted to this court that he was hired and paid to catch these people. What do you say to that?
Nur Azrin: (Hesitates) I do not know.
Surjan: If you do not know this, then I am telling it to you. So what do you have to say?
MACC deputy public prosecutor Ahmad Sazilee Abdul Khairi stood up to object at Surjan’s line of questioning, noting that Nur Azrin had not been in court when Mohamad Imran testified.
Judge Azhaniz Teh Azman, however, allowed Surjan to proceed after agreeing with Ahmad Sazilee.
Surjan: Mohamad Imran said he was paid.
Nur Azrin: I don’t know.
Surjan: You do not know? Then you lied just now when you said it was not true that Mohamad Imran was hired and paid. You said it was not true but actually, you do not know.
Surjan then questioned Nur Azrin on the events of Aug 16, 2008, when Mohamad Imran had met with Mohd Osman and Usaili at the Aquarius coffeehouse in Summit Hotel, Bukit Mertajam, and allegedly handed over RM5,000 in cash to Mohd Osman.
Nur Azrin testified that he had been present at the coffeehouse and that prior to the meeting, Firdaus had supplied a pinhole camera to Mohamad Imran to record the exchange of money.
Surjan: (MACC officer) Nurliza (Mokhtar) was there with you, too, yes?
Nur Azrin: Yes.
Surjan: And Firdaus gave a Sony Ericsson handphone to her to record the conversations? You were there so do not lie to this court.
Nur Azrin: (Hesitates then shakes head) Not to my knowledge. I do not know.
Surjan: Do not lie to this court. You were there, how can you not know? You are a liar.
Nur Azrin did not answer.
Ahmad Sazilee again stood up to interject and told the court that just because the witness had been present did not mean he had seen Firdaus handing the handphone over to Nurliza.
“Like for example, I cannot tell if you are crossing your legs or uncrossing them because I cannot see,” he told Judge Azhaniz Teh, triggering laughter in the courtroom.
Judge Azhaniz Teh sighed when Surjan attempted to defend his questions and, as he had done numerous times during the trial earlier when Nur Azrin hesitated too long to answer a question, turned to the witness and said, “Ok, ok. So do you know or you do not know?”
Nur Azrin immediately responded that he did not know.
Angry, Surjan urged Judge Azhaniz Teh not to lead the witness on by giving him answer choices, claiming that Nur Azrin would surely take the easy way out by saying he did not know.
“I hope you take this professionally, Tuan, but when you ask him if he knows or does not know, he keeps taking the easy way out by saying he does not know,” said Surjan.
The counsel then proceeded to grill Nur Azrin on his role in the case, which the witness had earlier testified was to snap photographs of the locations where the bribes were given, prepare marked money for the exchange as well as to draw out sketch plans of each location.
He told the court that the sketch plans, however, were only drawn in September, about one month after the arrests of the six accused were made.
Surjan, in trying to run down the witness’ credibility, asked Nur Azrin why he seemed unable to answer most of the defence’s questions but somehow could conveniently remember the details of locations’ interiors and could even draw them even though one month had lapsed since he had been in the places.
“You kept saying earlier that you do not know many things. But then you said that the sketch plans you made in September were based on your memory of things that occurred one month before.
“You can remember that but other things you cannot remember? How come?” he asked.
Nur Azrin said that this was because his orders were to make the sketch plans and that he had been careful to observe the locations properly while he was there.
He added that he had also returned to the locations even after the arrests were made on Aug 19.
Surjan: Did you make any notes in your diary of your observations of the Sri Sayang Apartments (in Batu Feringgi)?
Nur Azrin: I did not make notes of my observations in a diary.
Surjan: Then how do you make your travel claims to MACC every time you go to these locations for your duty? Are you cheating the government’s money?
Nur Azrin: I put down the report number in the diary so I know when I was in the locations. Also, the claims are not very detailed.
Surjan: If your claims are not very detailed, that means you can travel there two times but make claims for three trips. Tell me, you “anti-corruption” officer. Do not lie here.
Nur Azrin: Not true.
Surjan then declared loudly to the court that the witness’ wishy-washy testimonies showed clearly that he was hiding facts from the court.
“You are hiding facts. The capture (of the accused) was actually a plan by the Barisan Nasional to get the MACC to set the trap (and topple the Pakatan Rakyat government),” he said loudly.
Nur Azrin: Not true.
The trial continues tomorrow.
Show/Hide comments
Show/Hide comment form
the foundation is as weak as the Tian Chua's case but I would be surprise if this one ends up in conviction