'Heritage' players probe hits roadblock, says committee

The independent probe into who purportedly falsified the birth certificates of the seven “heritage” players has hit a roadblock, with crucial documents withheld and implicated parties refusing to cooperate, the panel said.

In its 59-page report released today, the four-member independent investigation committee (IIC) said its investigation is limited, as it does not have legal powers to demand documents, force people to attend interviews, or examine records forensically.

The panel said it could only work with materials provided voluntarily by the Football Association of Malaysia (FAM) and the cooperation of those involved.

"This limits the IIC’s ability to fully establish the origin of the suspected forgeries or identify those responsible for the same.

"There are views and concerns expressed by the public about the process that led to the issuance of the citizenship certificates to the seven players.

“However, it must be noted that the IIC has no authority to review, evaluate or question the process of validity of the Malaysian government’s decision in granting citizenship to the seven players," it added.

The panel said under Article 26(1) of the Federal Constitution, the government may, by order, deprive any citizen of their citizenship if satisfied that the registration or certificate of naturalisation was obtained by means of fraud, false representation or concealment of any material facts, or was effected or granted by mistake.

"In the circumstances, the IIC concludes that the seven players are Malaysian citizens. However, citizenship alone does not automatically guarantee the seven players’ eligibility to represent Malaysia in international football," it added.

Former chief justice Raus Sharif chaired the panel, which also comprises former Court of Appeal judge Kamaludin Said, former Malaysian Administrative Modernisation and Management Planning Unit (Mampu) director-general Yusof Ismail, and senior lawyer Thavalingam C Thavarajah, who serves as secretary.

The seven suspended footballers had previously told the International Federation of Association Football (Fifa) that they do not speak Bahasa Malaysia.

Yet, somehow, as the FAM claimed, they passed the requisite Bahasa Malaysia test for their citizenship application. This was among three damning allegations that surfaced in the Fifa appeals committee decision document.

Fifa had rejected an appeal against sanctions imposed on FAM and the seven players - Gabriel Felipe Arrocha, Facundo Tomas Garces, Rodrigo Julian Holgado, Imanol Javier Machuca, Joao Vitor Brandao Figueiredo, Jon Irazabal Iraurgui and Hector Alejandro Hevel Serrano.

IIC recommends police report

IIC also called on FAM to lodge a police report, since Fifa accused FAM and the seven players of forging or falsifying official documents, which is a criminal offence under Malaysian law.

The IIC said that this is because it does not have the authority to investigate criminal matters and that such offences fall under the jurisdiction of the police.

Therefore, the IIC recommends that FAM immediately file a police report so that the police can carry out a proper investigation to determine where the suspected forgery came from and who is responsible.

On Dec 10, Johor Regent and former FAM president Tunku Ismail Sultan Ibrahim said FAM officials should resign from their posts if they committed wrongdoings linked with the alleged forgery of citizenship documents for the seven players.

Tunku Ismail also disparaged the national football body’s supposedly lacklustre contributions to the local football development scene.

Disciplinary action against FAM official

In its report, the IIC also found that FAM lacked proper internal oversight and recommended disciplinary proceedings for FAM's secretary-general, Noor Azman Rahman.

The panel said that FAM's legal manager, Zainul Ariffin, had uploaded the players' documents to Fifa's legal portal, under instructions from Azman.

Zainul, however, did not prepare or verify the documents; he only uploaded them. IIC said that Azman had also acknowledged that FAM's administrative staff were involved in handling the documents, but did not specify who did what, or what verification steps were taken.

"FAM’s internal processes were deficient, with no proper verification or supervision of the documents before submission to Fifa.

"Azman was the person who instructed the impugned documents to be submitted to Fifa. He did so without confirming their authenticity despite the original handwritten birth records being unavailable from the National Registration Department.

"Given the inherent responsibility in his position as the chief administration officer of FAM, the administrative expectation that documents submitted externally involving such an important issue of the eligibility of the seven players to play for the Malaysian national football team must have undergone proper internal scrutiny.

"This, the IIC finds, was not done, and this constitutes a lapse in due diligence and a failure to follow appropriate procedures (implied and expressed).

“Therefore, IIC recommends that the FAM disciplinary committee initiate internal disciplinary proceedings against the secretary-general in accordance with FAM’s due process requirements," the IIC said.

It explained that the purpose of such proceedings is to determine whether Azman failed to exercise the requisite level of oversight and due diligence expected of his position, and whether any administrative sanction or corrective measures are warranted.

No cooperation

The IIC said that the notary who certified the players' disputed birth documents by claiming to have compared them with the originals did not cooperate with the probe.

It said the agents responsible for the players were also not available and did not provide any statement.

Despite several attempts to interview the notary named Lee Lin Jee to understand how he certified the documents, the IIC said that he did not cooperate.

"As a result, the IIC was unable to verify the circumstances under which the certification was made or the authenticity of the originals allegedly examined by the notary public.

"This evidentiary limitation prevents full verification of whether the notarial act was performed up to the professional or statutory standard.

“The seven players' agents, who were repeatedly identified as the individuals responsible for the preparations or sourcing of the impugned documents, did not provide any statement, nor were they available for examination by the IIC.

“As such, the IIC was unable to obtain direct clarification regarding the authenticity of the impugned documents," the IIC said.

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