Muhyiddin trial: Lawyer accuses MACC officer of ‘intimidation’ over police report

KUALA LUMPUR, Sept 15 — Former prime minister Tan Sri Muhyiddin Yassin’s lawyer Datuk Amer Hamzah Arshad today told the High Court that a Malaysian Anti-Corruption Commission (MACC) officer had allegedly attempted to intimidate and tarnish his reputation as a lawyer, based on the officer’s MACC colleague’s police report.

Amer, who was cross-examining MACC officer Mazery Mohd Zaini as the 29th prosecution witness yesterday in Muhyiddin’s power abuse trial, said the police report had false information.

Amer said the police report lodged yesterday had named him and referred to the ongoing trial, and referred to an alleged classified document that Muhyiddin’s lawyers had wanted to be included as evidence in the trial.

Amer said the MACC officer who lodged the police report had said he received information from the investigating officer in Muhyiddin’s trial, adding that he could only infer that it refers to Mazery who is still under oath and was scheduled to give evidence in court today.

“It’s clearly an attempt at intimidation,” he said. “But I’m not intimidated, they drew first blood and I will repay them with no quarters.”

Amer accused Mazery of trying to tarnish his reputation and trying to mislead the public via the police report’s claim that the document is not related to Muhyiddin’s trial, describing it as an “underhanded tactic” by a witness who was still testifying in court.

The alleged classified document was the statement that MACC had recorded from Adam Radlan Adam Muhammad during investigations.

“No court should condone this kind of tactic. Yang Arif is supposed to decide on subject matter of the case based on all facts and legal arguments. Yet the very IO whom we have challenged with several issues, decided to undermine the entire trial process by lodging this report,” he said.

Amer told the High Court that he is considering various legal action: “I will not exclude the possibility of lodging a report against the appropriate person including the IO for making false report, contempt of court and any other legal action. I reserve all those rights.”

“I’m making an application to this court to reserve my right to further cross this witness with regard to his underhanded tactic,” he added.

Muhyiddin’s lawyer Datuk Hisyam Teh Poh Teik said the defence team stands in support of Amer, while fellow defence lawyer Datuk Seri K. Kumaraendran asked if the High Court would consider commencing contempt of court proceedings against Mazery.

Mazery then apologised to Amer and explained the police report made by his MACC colleague was only intended to ensure that there had been no leaks of classified information.

“First, I want to apologise to the lawyers, especially Datuk Amer, about the issue of report lodged. About that report, actually I worried that the document came from MACC officers, so I worried there is a leak of internal information from MACC officers. If there is, I have to protect my department, MACC’s integrity.

“That’s why the report was made to see if there was leaks from MACC itself. So we don’t want this classified document that is so important could simply go out, especially in the future,” he said, adding that he has no intention to hurt the image of the lawyers whom he had always respected.

Mazery said he may get the police report withdrawn if he finds there were no leaks by MACC officers.

After hearing Mazery’s explanation, Amer stressed that the document was provided by the prosecution to Adam Radlan’s lawyers in the latter’s own case, and that Muhyiddin’s lawyers had obtained the document from Adam Radlan’s lawyers.

“To clear the air, we obtained this document from the legal team representing Adam Radlan, we never obtained this document through any illegal or improper channels. So let it be clear, that the report has no basis whatsoever,” he said, adding that Mazery could have asked him first where the document came from instead of lodging the police report.

“I never obtained it from MACC, we never obtained it from MACC, 100 per cent,” Amer later said at another point, also adding that Muhyiddin’s lawyers are “entitled” to obtain it from Adam Radlan’s lawyers as they feel it is relevant to Muhyiddin’s trial.

While taking note of Mazery’s apology and explanation, Amer said he still reserves his rights and that his reputation remains tarnished for every second that the police report remains out there.

Amer had pointed out that the police report had been reported by the media.

After Muhyiddin’s lawyer Rosli Dahlan pressed for Mazery to inform the court that the police report would be withdrawn, the judge allowed Mazery’s request to carry out the necessary checks before withdrawing the report and also directed him to report to the court as soon as possible.

In this trial, Muhyiddin is facing seven charges, namely four counts of alleged power abuse to obtain RM225.3 million in bribes for his party, Parti Pribumi Bersatu Malaysia (from Nepturis Sdn Bhd, Datuk Seri Azman Yusoff, KCJ Engineering Sdn Bhd, Bukhary Equity Sdn Bhd and Mamfor Sdn Bhd), and three counts of alleged money laundering involving money that Bersatu received from Bukhary Equity.

The trial before High Court judge Noor Ruwena Md Nurdin is scheduled to resume this afternoon, with Mazery expected to update the court on the status of the police report.