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This statement is made in response to the statement made by Deputy Inspector-General of Police Tan Sri Ismail Omar as was published in the STAR dated 20-7-2008, with regard to the law on the delivery of the police report made against Dato' Seri Anwar Ibrahim.

1.    Section 51A of the Criminal Procedure Code as referred to by the Deputy IGP is totally not applicable at this stage. The Deputy IGP should go back to his basic legal books. Section 51A only applicable if a person has been charged in court and the documents to be delivered before the commencement of a trial.

2.    The situation at present is that there is some unknown complaint, purportedly in relation to sodomy and purportedly made by one Mohd Saiful Bukhari bin Azlan. It's on the basis of these reports which have been suppressed from public scrutiny that a whole lot of people in authority have made all sorts of allegations against and demands on DSAI.

3.    It is elementary natural justice that any person accused of anything should have sight of the accusation, before being called upon to explain anything. How can anyone called in to give a police statement in relation to a criminal investigation know what exactly the police are investigating and be obliged to answer questions without having a copy or even sight of the initial documents that sparks off the relevant criminal investigation?

4.    How is a person under a police questioning to know whether the answer he is giving will incriminate him unless he first knows exactly what offence he is being accused of or the police are investigating?

5.    In any event, the Deputy IGP should know that the First Information Report is a public document and should be made available to all persons affected by the report.

6.    To continue to expect the target of a criminal investigation to answer questions, supply information, and provide evidence in total ignorance of the circumstances of the offence alleged against him, is eerily reminiscent of an episode where a prisoner was blindfolded and handcuffed, and therefore totally unable to defend himself in any way and was then viciously attacked by the police themselves.

7.    Can we therefore have the police report without any further waffling or prevarication?


Sivarasa Rasiah
Counsel for Dato' Seri Anwar Ibrahim

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