原题∶The AG-IGP-tag-team fabricated evidence
二、有关这项致伤攻击的调查，我相信查案官助理警察总监莫再因（Mat Zain Ibrahim）已作行了透彻的调查，准备了一份调查报告（IP），并于1998年10月交给前总检察署莫达阿都拉与其团队，其中包括目前的总检察长阿都干尼（Abd Gani Patail），以采取进一步行动。
三、该调查书得出的结论是，拉欣诺是打伤我的人。这是在进行透彻的调查后才达致该结论，该报告还有我的医疗报告，由吉隆坡法医专家如阿都哈林（Ab. Halim Haji Mansar）医生、扎哈里医生（Zahari bin Noor）以及至少60个证人的证词。医疗报告的结论显示，我的伤患是殴打致成。
四、尽管已经有了调查报告和医疗报告，莫达在现任总监察长阿都干尼的协助下，寻求了另一位医生的协助，就我所知，该医生就是阿都拉曼尤索（Abdul Rahman Yusof）。
十三、这已经不是第一次出现有关阿都干尼捏造证据的指控。我得知，联邦法院在裁决再努扎卡里亚（Zainur bin Zakaria）对垒主控官的案件时，法官沈立强的判词写道“...根据表面证据，他不是投诉阿都干尼在1998年10月2日会议中，尝试要纳拉（Nalla）捏造证据以便使他的鸡奸案成功入罪？”句子中的他，指的是我。
4. The Police investigation file was submitted to me, as the Public Prosecutor of Malaysia, on 19.11.1998. The file contains, among other things, statements recorded under section 112 of the Criminal Procedure Code from 67 witnesses, namely, the Complainant himself, 3 doctors who had examined the Complainant and 63 members of the Police Force involved in the operations to arrest the Complainant at his house and his detention at Bukit Amah.
5. I have scrutinized all such statements and examined all evidence, including the following reports of medical experts:
(a) Report on medical examinations by Dr. Abdul Halim bin Haji. Mansar and Dr. Zahari bin Noor from the Forensic. Division of the Department of Pathology, Kuala Lumpur Hospital after this referred to as the "Forensic Report");
(b) Report on medical examinations by the following panel of doctors:
(i) Professor Dr. Anuar Zaini bin Md. Lain, of the University Hospital;
(ii) Associate Professor Eh:. David S.K. Choon, of the University Hospital;
(iii) Dato' Dr.(Mrs.)Kew Siang Tong, of the Kuala Lumpur Hospital;
(iv) Dato' Dr. Muhd. Borhan Tan, of the Kuala Lumpur Hospital,(after this referred to as the "Report of the Panel of Doctors");
(c) Medical Report by Dato' Dr. Haji Ahmad Shukri bin Mohamed (after this referred to as the "Ophthelmologist's Report".
6. On 1.12.98 I appointed Dr. Abdul Rahman bin Yusuf, Consultant Forensic Medical Examiner, Kuala Lumpur Hospital, to assist me in studying from forensic aspects the Complainant's allegations and the injuries found on his person as set out in the medical reports and statements of the various doctors. Dr. Abdul Rahman bin Yusuf
submitted his Special Report to me on 21.12.98.
7 In my view the Police investigation file submitted to me is not complete to enable me to make a final decision on this case. That being the situation, I directed the Special Investigation Team on 30-12.98 to complete its investigation by recording statements from the following senior police officers whose statements have not yet
(a) Tan Sri Abdul Rahim Noor, Inspector General of Police;
(b) Tan Sri Norian bin Mai, Deputy Inspector General of Police;
(c) Dato' Mohd. Ghazali @ Fauzi bin Yacub, Director of Internal Security and Public Order;
(d) Dato' Mohd. Jamil bin Johari, Director of Management, Bukit Aman;
(e) Dato' Yaacob bin Mohd. Amin, Director of the Criminal Investigations Department, Bukit Aman;
(f) Dato' Mohd. Yusof bin Abdul Rahnan, Director of the Special Branch, Bukit Aman;
(g) Dato' Kamaruddin bin Ali,Chief Police Officer, Kuala Lumpur;
(h) Dato' Ramli bin Yusoff, Deputy Director of the Criminal Investigation Department, Bukit Aman;
(i) Dato' Meor Chek Hussien bin Mahayuddin, Commander of Police Special Force, Bukit Aman.
8. I have also directed the Special InvestigatiOn Team to record statements from the various doctors as, after scrutinizing the Report of the Panel of Doctors and the Ophthalmologist's Report, I find that the Forensic Report is not comprehensive and is inconsistent with both the former Reports on several important aspects The Special Report of Dr. Abdul Rahman bin Yusuf also, among other things, touches on these inconsistencies. Further explanation from the relevant doctors are therefore necessary. In view of the fact that the Special Investigation Team has not completed its investigation, it is not appropriate at this juncture to disclose any of the medical reports connected to this case.
9. As I have stated earlier, Police investigation in this case has not been completed. From the evidence obtained so far, a prima facie case has not yet been disclosed to enable the institution of prosecution under section 323 of the Penal Code against any person for causing hurt to the Complainant or for abetting the commission of such offence. The Report of the Panel of Doctors shows that there were several injuries suffered by the Complainant before his arrest by the Police. Based on the medical reports and the investigation file of the Special Investigation Team as a whole, I am satisfied that several injuries alleged by the Complainant are not true, while there are injuries on certain parts of his body which are proved to have been caused by police officers whilst he was in police custody. I am also of the opinion that the Royal Malaysian Police is fully responsible for the injuries to the Complainant whilst he was in the legal custody of the Police. Nevertheless, the investigation which have been carried out so far have not identified the person or persons responsible for such injuries.
10. After further investigation has been fully carried out, if there is prima facie evidence, I as Public Prosecutor will not hesitate to consent to the institution of prosecution against any individual proved to have committed or abetted the commission of such offence.
(TAN SRI DATUK SERI MOHTAR BIN ABDULLAH)
(B) The Medical Evidence
4.10 We now come to the evidence of the Doctors who saw and treated DSA. Their written reports have been put into evidence and are listed under Appendix F at page 105. We need to make a special reference to the testimony of Dr. Halim Mansar before us when he said that all the injuries he found on DSA were "potentially lethal." This was misunderstood by some quarters to mean that the injuries were all such that by themselves they were sufficient to cause death, or were designed to cause death. The record must be put straight. With the greatest respect to Dr. Halim his command of the English Language was far from perfect. When asked to clarify what he meant by "lethal" he said that it meant "dangerous" or "very dangerous" in medical circles. He said DSA was lucky to be alive because blows to the neck could kill. What he did not say and what he must not be understood to have said was that the blows which were actually inflicted were lethal merely because they had been struck in a lethal area.
4.11 So far as the testimony of Dr Abdul Rahman bin Yusof is concerned, the Commissioners have noted that he did not personally see DSA or talk to him. The Attorney General's Chambers furnished him with the Police report of DSA, his statement to ACP Mat Zain and the medical reports of the other Doctors aforesaid and asked him to comment on them. (There are disturbing issues of patient - doctor's privilege of confidence here, which we do not propose to go into. It is distressing to note that with the possible exception of Dr. Shukri's report, DSA was not given access to the reports of the other doctors who examined him until they were made available at our hearing.) Dr. Abdul Rahman put up one report for the A.G.'s Chambers on the 2nd October 1998 and a second report (Exhibit A-9) which is not dated. We have looked at both these reports. In the light of his sworn testimony before us, that all the injuries referred to by DSA in his police report and in his police statement were consistent with his claim that he was punched and slapped, and that those injuries were also consistent with the opinion of the other Doctors whose reports had been furnished to him, we did not need to trouble Dr Abdul Rahrnan any further.
4.12 The reports of these other doctors were all available by early October 1998. In other words, there was a preponderance of independent evidence by that time that DSA's injuries were not self-inflicted and, as had already been claimed in his police report, that these injuries were the work ora single assailant.
4.13 The admission by TPT on the 28th February 1999 that it was TSRN who had assaulted DSA on the 20th September 1998, made any further enquiry into the identity of the assailant redundant. The unanswered questions now were how and why it happened.
Notes Of Evidence
W13 - Dr Abdul Rahman
W.13 Dr Abdul Rahman bin Yusof (1st March 1999)
Consultant in Forensic Medicine
Hospital Kuala Lumpur
In answer to question by Tan Sri Abu Talib:
On the 1st December 1998, I was requested by the Hon. Attorney General to assist him in reviewing the various medical reports in respect of Dato' Seri Anwar. I was then called to see him at his office on the 5m December.
I was provided with the following documents:
i) The Police report of Dato' Seri Anwar labelled "G1".
ii) The statement by Dato' Seri Anwar labelled "A1".
iii) Medical Report from Dr Shukri "D19".
iv) Dr Shukri's statement "A44".
v) Statement from Dr. Vasantha.
vi) Medical report from Medical Panel of Doctors "G37".
vii) Three sets of photographs "D22", "D24" and D"26".
I did not examine Dato' Seri Anwar nor did I have any discussions with the doctors whose reports I was asked to review.
I agree that various factors such as the force applied, the distance between the assailant and victim, and the angle at which he is hit, can affect the pattern and nature of any injury.
Based on my review of the materials supplied to me I am of the opinion that the injuries as indicated in the various medical reports are consistent with Dato' Seri Anwar's claim that he was punched and slapped.
I also do not dispute the opinions expressed by the various doctors in their reports. I submitted a report to the Hon. Attorney General and I will tender a copy to the Commission after this.
X.X.D. by Mr. Teh:
Various factors affect the time taken for the blood to seep down from the forehead to cause the 'black eye'. This can take a few hours or it may be delayed for one or two days or even more. It is a gradual process.
Any blunt trauma or impact could have produced the injuries.
Mr. Karpal : No question.
Dato' Karo : No question.
En. Yusof : No question.
(Witness is released)