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This is to inform you that ever since Mahathir appointed Zaki Husin to head the ACA, this department has been unwittingly drag into the conspiracy dragnet Zaki Husin is reporting directly to Mahathir all ACA on-going investigations against top government leaders notably Daim, the Chief Justice and of course Mohtar Abdullah. He is not supposed to do so under the law. Under the law, all ACA investigations are secret until a decision had been taken to prosecute or not to prosecute the offender. By briefing Mahathir on all ACA investigations, Zaki Husin is clearly committing an offence under the Official Secret Act. He is divulging secret matters to a person not competent to know and receive them. What is alarming is that Mahathir used these investigation files to threaten or to influence the above people to do his bidding The Chief Justice Eusoffe Chin had been investigated by the ACA in 1998 before Anwar was dismissed. ACA had conducted investigation based on information that Eusoff Chin received gratification from lawyer Lingam who handled the Ayer Molek case. Eusoffe presided the Federal Court quorum deciding in flavor of Lingam's client. ACA investigation revealed that a sum of money amounting to $2 million had been deposited in Commerce-Asset Bank in Jalan Tun Perak, not to mention the all expenses paid trip. The case also involves Mohtar. Raphael Pura would tell you better since he was interviewed and his statement recorded by the ACA. Mahathir and Zaki conspired to have the case closed even when full investigation had not been completed so as not to upset the Anwar's decision. It is this sort of cases that Mahathir holds onto Eusoffe Chin and Mohtar Abdullah like a leech. What Zaki did is clearly an offence both under the Penal Code for trying to protect a criminal from punishment and under the ACA Act for failing to investigate fully the allegations Zaki is dragging the ACA into this conspiracy dragnet in his capacity as the Director General. Last month, August, Azmi Khalid, Norian Mai and Zaki met secretly in Bangkok. For what purpose, it is not known. But Zaki and Norian Mai went to Thailand to attend an anti-corruption conference somewhere in the North of Thailand. But after the meeting. Zaki left Thailand without attending the conference. Therefore it seemed that the secret meeting is more important than the conference. The Anwar report to the police against Daim was handed by the police to the ACA. That is the normal practice if the allegations concern corruption. The police will hand over the report/information to the ACA. Again on Mahathir's instruction, Zaki has stopped the investigation. That is the reason why Mahathir could boldly and arrogantly challenged Anwar to report or make known all information of corruption he had in his possession. He has Zaki as the ACA chief who would not investigate. Zaki's action is clearly a criminal offence both under the Act and the Penal Code. I would therefore advise in future for Anwar or his representatives to register the report with the ACA under section 21(1) of the Act. This would force the ACA to initiate investigation since the report is officially made. And it would be difficult to close the case or stop the investigation. Everything would be accountable for. For the Eusoffe and Mohtar investigation, there was no official report from a member of the public. Investigation was based on secret information. But whatever it is, the ACA has a legal duty to complete its investigation and if there is sufficient evidence to recommend prosecution. I would also suggest that the Daim report be formally lodged with the ACA again so that officially there is a report lodge with the department. Unlike the police, in the ACA we had only Zaki and one or two senior ACA
officers who wants to get their hand dirty in the Mahathir scheme. Zaki and
these officers are more interested in the safety of their job rather than
discharging their duties honestly and honorably. But like any organization, the
head always get the right to make the decision. But unlike the police we don't
follow illegal or bad orders. If there is a case, we would recommend that there
is a case and likewise when there is no case. We are not in the business of
fabricating evidence. Concerned ACA officers |
