KUALA LUMPUR (April 28): A police officer who signed the detention papers for Datuk Seri Khairuddin Abu Hassan to be placed under the Security Offences (Special Measures) Act 2012 (Sosma) admitted to the High Court today that it was not wrong for the public to have the perception that investigations into 1Malaysia Development Bhd was being called to a halt in 2015.
Assistant Commissioner Habibi Majinji was asked by lawyer Mohd Haniff Khatri Abdulla, who is acting for Khairuddin, whether it was wrong of the public to have such a perception, after seeing the disruption to Malaysian Anti-Corruption Commission's investigation into 1MDB, the removal of the then Attorney-General Tan Sri Abdul Gani Patail, and the disbandment of the Special Task Force on 1MDB.
Haniff: (Do you agree) this had created a perception in the public, who questioned whether the 1MDB investigation was truly proceeding, or otherwise?
Habibi: Agree.
Earlier, the lawyer showed several local and overseas media reports regarding the 1MDB case, including former premier Datuk Seri Najib Razak denying a report by The Wall Street Journal and had threatened to sue the paper in 2015. To date, the former Umno president has yet to initiate any legal action against WSJ.
Haniff also showed how MACC officers had complained of disruptions to their investigations by the police sometime in August 2015, and how two MACC directors had been transferred to the Prime Minister's Department.
Also shown was a written complaint from the Switzerland Office of Attorney-General about how Malaysian authorities had not been cooperative in the 1MDB investigations.
While Habibi, 46, said he does not know about all these matters, he admitted that Khairuddin's police report, which the latter lodged on Dec 12, 2014, was still being investigated by the police nine months after.
Khairuddin was later detained under Sosma, along with his personal lawyer Matthias Chang, for two months from Sept 18, 2015 to Nov 18, 2015, for purported offences under Section 124L for disrupting the banking and financial institutions.
The detention came after he lodged police reports in Malaysia, the United Kingdom, Switzerland, Singapore and Luxembourg, which led to investigations on 1MDB by the authorities there.
Khairuddin and Chang subsequently challenged the detention, after which the High Court ruled that the detention was unlawful, and ordered their release on Nov 18, 2015. The decision was later upheld by the Federal Court.
Thereafter, Khairuddin filed this civil suit to seek damages he suffered from the unlawful detention. Yesterday, the staunch supporter of former premier Tun Dr Mahathir Mohamad testified that his detention was ordered to protect Najib.
Witness signed order to detain Khairuddin for another 28 days
Habibi, in replying to questions from senior federal counsel Andi Razali Jaya A Dadi, also admitted today that he was the one who signed a 28-day detention order under SOSMA for Khairuddin and Chang in 2015, to further detain the duo.
“This follows an application made by the investigating officer Deputy Superintendent C Muniandy, to further detain Khairuddin. At that time, I was the deputy OCPD for Dang Wangi with the rank of a Superintendent.
“Muniandy explained to me that Khairuddin was being investigated for lodging several reports overseas,” he added.
The senior police officer, who is now attached to the Sabah contingent, said he was aware of Khairuddin's case, which was classified as a special investigation by Bukit Aman, as he was the deputy OCPD. The application to extend Khairuddin's detention under Sosma for 28 days was made on Sept 24, 2015, he said.
“Lawyers appeared for Khairuddin and after hearing their arguments and the reply from my officers, I was satisfied that he (Khairuddin) and Chang could be detained for another 28 days under Sosma. For Sosma offences, the detention order must come from a person with the rank of a Superintendent or above,” he added.
“I was satisfied that the investigation on the duo could not be completed within 24 hours, as the reports they lodged were overseas,” he said, adding he had explained the reason for the detention to Khairuddin and Chang.
Habibi said this was his only role in the case.
Following Habibi's testimony, Judicial Commissioner Quay Chew Soon fixed May 28 for case management, so that Andi Razali Jaya could update on Muniandy's status. Muniandy is said to have suffered a stroke and as he is one of the witnesses for the defence, Quay wanted to know the progress on whether the former police officer could testify.