MACC director gives conflicting evidence
Malaysian Anti-Corruption Commission (MACC) director of intelligence, Azam Mohd Baki, gave conflicting testimony at the High Court in Kuala Lumpur today in lawyer Rosli Dahlan's RM50 million suit against the anti-graft body for unlawful arrest and assault.
His witness statement and oral testimony contradicted with the defence statement, which Azam filed in 2012.
Malaysian Anti-Corruption Commission (MACC) director of intelligence, Azam Mohd Baki, gave conflicting testimony at the High Court in Kuala Lumpur today in lawyer Rosli Dahlan's RM50 million suit against the anti-graft body for unlawful arrest and assault.
His witness statement and oral testimony contradicted with the defence statement, which Azam filed in 2012.
Azam testified today that the arrest of Rosli was was made at the lawyer's office, for resisting, after they failed to find him at his home.
However, in his defence statement which was filed three years ago Azam said the earlier officers who went to Rosli's office required assistance.
Asked by lawyer Chetan Jethwani, who is appearing for Rosli ( photo ), the MACC director admitted the discrepancy between his testimony today and the defence statement.
However, Azam denied that his testimony today was to suit with other testimonies given by earlier witnesses from the MACC or the Anti-Corruption Agency (as it was known then).
Testimony today not consistent
Chetan: I suggest the testimony you have given today that you could not find Rosli at his home is what you just made up.
Azam: This is not true.
Chetan: I suggest that your testimony today is not consistent with the defence statement that you have pleaded before the court.
Azam: I do not agree.
Chetan: If you look at your defence statement you stated that the plaintiff (Rosli) acted aggressively when the first team failed to arrest him in his office and that the first team required assistance. This is inconsistent with the testimony that you have given today.
Azam: Yes, it's true (not consistent).
Incidentally, at today's hearing, reporters from the mainstream media were ordered to cover the trial by their top bosses following Azam's testimony.
It should be noted that the mainstream papers have not covered this trial from the time it started.
'I ordered arrest'
The witness also denied Chetan's suggestion that the arrest was performed two days before Hari Raya in 2007 to injure his cleint's reputation and prevent him from acting for former Commercial Crime Investigation Department director Ramli Yusof, whose team had arrested alleged underworld figure Goh Cheng Poh.
To this, Azam said he was not involved in investigations against Ramli or Goh.
Previously, Ramli had testified, as the plaintiff's witness, that he was forced by the Attorney-General Abdul Gani Patail, to handover confidential files of informants which led to Goh's arrests.
The names of the informants were handed to Anti-Corruption Agency (the predecessor of the MACC) which resulted in Goh's release.
Earlier today, when questioned by MACC's lawyer Rishvant Singh, Azam, 52, said he had ordered Rosli's arrest under Section 32 (2) of the Anti Corruption Act 1997 on the request of the AG's Chambers.
Rosli was accused of failing to abide to the ACA's notice to provide details of his assets.
"I instructed an ACA superintendent to arrest the Rosli. However, the ACA officer claimed the lawyer resisted arrest.
"Following this, I asked three other officers to go and arrest him. I issued the directive between 1.45pm to 2pm.
"I led a team to arrest Rosli. When I went to the lawyer's office I saw Rosli was uncontrollable and aggressive towards some of the ACA officers.
"The lawyer also shouted profanities at us. I asked Rosli to remain calm but he refused and following this, I ordered an officer to handcuff him,” said Azam.
Conferred Datuk-ship
Azam acknowledged that Rosli did complain about the handcuffs being too tight but he did not check or document this claim.
Court documents state that Rosli had claimed he was assaulted during his arrest and that the tight application of the handcuffs resulted in wrist injuries.
To a question from Justice Su Geok Yiam, Azam said he was conferred the "Datuk" title in 2011 from the Sultan of Pahang for his participation in the Football Association of Malaysia's integrity committee.
In 2007, Ramli was implicated by the ACA for allegedly having a networth of RM27 million. He claimed that this was part of a conspiracy to taint his name for arresting Goh.
Ramli was later charged for hiding some of his assets, a month after Rosli was charged.
The duo were both acquitted without their defence being called.


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