A police officer testifying at a hearing of a RM30 million civil suit filed by former Internal Security Act (ISA) detainee Abdul Malek Hussin tried to evade answering a question by citing the Official Secrets Act (OSA).

L/Cpl Ibrahim Ismail initially refused to answer counsel R Sivarasa who asked him where exactly he had taken photos of Malek on Sept 26, 1998, the second day of his detention under the ISA.

"I took the photos at a Special Branch detention centre in Kuala Lumpur," he said.

Looking repeatedly at senior federal counsel Kamaludin Mohd Said and third respondent special branch office Borhan Daud, he said he was "bound by the OSA" not to disclose the exact location.

Ibrahim only conceded that he had taken pictures of Malek at the Bukit Aman police headquarters after being prodded by the judge, Hishamudin Mohd Yunus, who said the OSA could not be cited in a court of law to withhold information.

'No signs of injuries'

He denied that he had seen any signs of assault while taking the photos despite Malek's assertions that he was beaten and tortured while under detention for allegedly being involved in demonstrations following the sacking of former deputy premier Anwar Ibrahim.

"I did not see any signs of injuries or wounds on his hands or body while I was taking pictures of the plaintiff," said Ibrahim, reading from a document.

His statements echoed those of another officer, Bukit Aman special branch officer Mohd Yunus Daud , who had earlier denied that he or his colleagues had assaulted Malek while held under the security act for 57 days in September 1998.

In 1999, Malek filed an unprecedented civil suit following his release to challenge various forms of torture he allegedly sustained during the detention. He is seeking RM30 million in damages.

He had earlier testified in court that he was stripped naked in an air-conditioned room, blindfolded during interrogation, physically assaulted up to 60 times, beaten until he was unconscious, forced to drink urine and threatened to be injected with the HIV/ Aids virus.

Malek named Borhan, then Inspector General of Police Abdul Rahim Mohd Noor and the government as the respondents. The hearing, which began last September, is being held at the Kuala Lumpur High Court.

Discrepancy discovered

Earlier, Sivarasa had grilled special branch officer Samad Abdul Hamid over a discrepancy in earlier statements - this related to the exact time he was ordered to photograph Malek on the night of Sept 25, 1998.

In a statement on Dec 23, 2003, Samad said he received the orders at "about four in the morning". His written statement filed in court nearly a year later claimed the orders reached him at "about 3.45am".

"Can you explain the 15-minute difference in time between the two statements?" asked Sivarasa.

Samad said several times that he "did not remember" giving the earlier statement. Pressed further, he said he was "not certain as to whether the statement was written or a verbal one".

He eventually conceded that there was indeed an earlier written statement, but the issue of time difference went unanswered.

The hearing continues tomorrow.