To the police officer investigating the death of Ahmad Sarbaini Mohamad, the biggest unanswered question in the customs officer’s case is why the deceased decided to climb onto the window ledge outside the third floor pantry of the Kuala Lumpur MACC office.

“In my opinion, the investigation is 90 percent complete. The 10 percent incomplete is why he went out on the ledge. That is the big question,” said investigating officer ASP Zuhairi Mohamad.

Zuhairi, who said that he “specialised in high-profile cases that draw public attention”, took over investigations of the much-publicised case on April 12 from his superior DSP Sapii Ahmad when the latter was hospitalised due to illness.

The investigating officer said that his investigations which included interviews, statements, forensics, chemistry and pathological explorations found nothing to indicate either suicide or homicide.

However he said physical evidence showed that Sarbaini died because of injuries sustained during a fall from height.

It was also established that he accidentally slipped and fell from the ledge outside the pantry window after.

What is still unclear to him is the reason that the deceased climbed out of the window prior to his accidental fall.

In a testimony yesterday, the senior consultant who supervised the forensics and pathological investigation into Sarbaini’s death Prof Dr Shahrum Abd Wahid testified that it is a possibility that the deceased stepped out of the window to escape the building.

‘Sarbaini under pressure’

Shahrum posited that the deceased took this course of action after suffering intense pressure from the MACC investigation.

Asked by MACC counsel Mohamed Shafee Abdullah on two police reports lodged by the deceased’s wife Maziah Manap on the possible collusion of the anti-graft commission’s officers in Sarbaini’s fall, the ASP dismissed one and said investigations into the other was inconclusive.

Zuhairi explained, they investigated allegations in the first police report lodged by Mazaih that claimed MACC officer Abdul Ghani Ali said “not me, my men” when asked a question in relation to what happened her husband.

He related that he interviewed the customs officer who was present during the events described in the police report but the officer could not confirm hearing the words.

Ghani had also refuted that he said the words during his testimony in the inquest. While the MACC officer who accompanied Ghani told Zuhairi that she did not hear the words spoken.

As such the matter remained inconclusive.

'Raja Petra's story is speculation'

On the latest police report lodged by Maziah, Zuhairi dismissed it out of hand. The report was made by Sarbaini’s widow based on an article by self-exiled blogger Raja Petra Kamaruddin, more popularly known by his initials of RPK.

                       

RPK’s article was a blow by blow account of what transpired allegedly during Sarbaini’s interview with the MACC on April 6.

The blogger claimed that the commission’s officers verbally abused Sarbaini and were responsible for forcing the deceased to climb onto the window ledge where he then slipped and fell.

                   

“I and DSP Sapii are the investigating officers in this case. As investigating officer I reject his claims, as nothing in evidence or statements support it. I do not know how he got his story. I believe those are just his personal speculations,” answered Zuhairi.

Questioned by lead DPP Abazafree Abbas earlier, the investigating officer revealed that in Cheras alone ten police reports were lodged by customs officers, arrested in the same operations with Sarbaini, against the MACC.

The complaints ranged from being beaten to being threatened. However, Zuhairi did not see the relevance of the reports to Sarbaini’s case as evidence did not show that the deceased was threatened of beaten.

“I believe that this case must be investigated in its own way,” he said.

               

‘Six other cases of MACC abuses’

Out of the ten reports, six investigation papers were opened over claims of MACC abuses, three referred to existing open cases and one other was retracted.

The police ASP was testifying on the 13th and last day of the inquest into Sarbaini's death before coroner Aizatul Akmal Maharani.

The late Sarbaini, who was the former Selangor customs assistant director, was found dead on the first floor badminton court of the MACC office in Jalan Cochrane, after going to the commission to change a previous statement.

He was one of the customs officers being investigated for graft in an earlier MACC crackdown.

Including Zuhairi, 34 witnesses took the stand in the inquest which is to end today. The coroner has set Sept 26 to deliver his verdict.

Prior to the verdict, all parties are to file their submissions on or before Aug 25, while a hearing will be held on Sept 12 for any clarifications from the submissions.