Sirul’s Signed Unsworn Written Statement Read By Him From The Dock. 4th February 2009
“On 18 October 2006 I was on duty at Unit Tindakan Khas (UTK), Bukit Aman , Kuala Lumpur. I attended the morning briefing there and was assigned the duty of standby driver for that day. Should any officer or staff be required to go anywhere on official matters, it was my duty to drive them there. At mid-morning on 18 October 2006, Azilah Hadri (Chief Inspector of Police 1) called me on my cellphone and asked me to meet him. Azilah asked me about my duties for the day and I informed him about my assignment as standby driver. During our cellphone conversation, I asked Azilah where he was and he replied he was in Ampang Road near Ampang Point (shopping mall) and was heading towards Central Market . Azilah wanted me to meet him at Malaya Hotel and asked me whether I knew of its location. I told Azilah I had not heard of that hotel even though I had lived in Kuala Lumpur for about 10 years. I next told Azilah that I was busy at that time and would not be able to meet him. However, I told him that I would be able to meet him after my duties were over. At that point in time, I was driving DSP Khairi to Gombak district to buy some supplies for the UTK . A short while later, Azilah telephoned me and asked me to meet him after I had finished the UTK office supplies buying job.
After I completed my work with DSP Khairi, I returned to the office and telephoned Azilah, asking him the exact whereabouts of our meeting place. Azilah confirmed the meeting place would be at the taxi/bus stop by the side of the Central Market. When I reached that taxi/bus stop at 2.00 p.m. 18 October 2006, Azilah was already waiting there. I slowed down my car near the kerb and Azilah got into the vehicle. I was driving a Proton Satria car. Then Azilah ordered me to drive and search for Malaya Hotel, but after driving around for some time, we were unable to locate it. Azilah then ordered me to drive to Damansara area. I asked Azilah the purpose of searching for Malaya Hotel and the purpose of going to Damansara. Azilah replied he had some work to do and to just follow his instructions. On the way to Damansara, Azilah told me that DSP Musa Safri had related to him that a friend of his was facing some “woman problems”. Azilah ordered me to drive to DSP Musa’s friend’s house in Damansara. According to Azilah, DSP Musa’s friend was a person who held a high position, a businessman and well-connected. During the drive, Azilah related that a woman and a man, believed to be her brother, both Chinese, had created a disturbance and caused a commotion in front of DSP Musa’s friend’s house. According to Azilah, the woman was a long-time lover of Musa’s friend. As we reached Bukit Damansara, Azilah directed me towards a bungalow in a housing estate. Azilah asked me to slow down as we reached the front of the bungalow, and told me that was the house DSP Musa had referred to. As we drove away from the bungalow, Azilah told me to remember the route to it. According to Azilah, he had promised to help DSP Musa’s friend by patrolling the bungalow area from time to time to prevent the Chinese woman and man from creating further disturbances and commotions in front of that house. On this premise, Azilah requested my help and asked me if I was prepared to do the patrolling work whenever I was free of my official duties and he was called away for duty outside Kuala Lumpur. I agreed to it as I knew DSP Musa, my superior. I regarded my agreement to help Azilah as actually a service to help my superior.
From Bukit Damansara, Azilah ordered me to drive back to Central Market as he had parked his car there. On the way, Azilah told me that the Chinese woman and man were staying at Malaya Hotel. It was then that I realised that Azilah’s aim in searching for Malaya Hotel was to confirm the whereabouts of the Chinese woman and man. All the time I was with Azilah, he did not show me any document, paper or note which contained an iota of information about the identity of DSP Musa’s friend, his residential address, hotel address, telephone number or the identity of the Chinese woman and man. As we neared Central Market, Azilah asked to wait in the car with the engine running, as he wanted to ask an artist friend of his at Central Market for the exact directions to Malaya Hotel. I waited for about ten minutes in the car park, when Azilah knocked on my window and told me Malaya Hotel was in nearby Petaling Street. I switched off the car engine and walked with Azilah to Malaya Hotel. When we reached Malaya Hotel, we entered the lobby. Azilah asked me to get some pamphlets, catalogues and leaflets from the lobby information corner. Next, Azilah entered the lift and asked me to follow him up. I am not sure which floor we got out on, but if I am not mistaken, it was the seventh. I followed Azilah to the closed door of a room. I cannot recall the room number. Azilah did not say anything. I asked Azilah what he wanted to do. Azilah replied he was hoping he would meet the Chinese woman and man, to advise them not to create disturbances and commotions in front of DSP Musa’s friend’s house. Then Azilah told me he was not sure that was the room occupied by the Chinese woman and man. Next, Azilah beckoned me to leave the place. We took the lift down to the lobby. We exited Malaya Hotel through its main entrance and walked back to Central Market. Azilah asked me to return to my office, and that if he needed my assistance, he would telephone me. I drove back to my UTK office.
At approximately 8.45 p.m. on 19 October 2006 when I was at my home in Kota Damansara, I received a call from Azilah asking me to go to DSP Musa’s friend’s house which we had visited the previous evening. According to Azilah, he had received information that the Chinese woman and man were in front of the house, and he needed my support if the duo resorted to violent action. I told Azilah I would go there immediately. I left my house within five minutes and headed for Bukit Damansara via the Kota Damansara-NKVE toll highway, in my jeep. I lost my way and was forced to call Azilah for directions. A short while later Azilah called me to ask if his directions were clear for me to follow. I replied that I was almost there. When I reached the area, I parked my vehicle by the roadside near a T-junction, and walked to the house. As I neared the house, I saw Azilah in animated conversation with a Chinese woman and an Indian man. When Azilah saw me nearing the house, he signalled with his hands as if asking me to get into a red Proton Wira car parked near the bungalow. I followed his directions and got into the front passenger seat, and noticed that a Malay woman in the driver’s seat. Shortly after that, the Chinese woman walked over and got into the back seat of the car. The Malay woman then got out and also moved to the back seat. Azilah then got into the driver’s seat. As he was about to drive off, a Chinese man knocked on Azilah’s window. The Chinese man wanted the Chinese lady to settle the fare for his taxi cab. Azilah extended a RM50 note to the taxi driver, but the taxi driver it was insufficient as the actual fare was RM150. Azilah extended two more RM50 notes to the taxi driver. Next, we departed from the bungalow area. I asked Azilah to drop me off at the T-junction.
As I was driving off in my car, I noticed Azilah’s car following me. As I reached the Damansara Road heading towards Duta Road, Azilah called me to pull over by the roadside, which I did. At that time I was driving in the vicinity of the old Amanah Raya Building. Azilah pulled up behind me. Azilah got out of his car and walked over to mine. I wound down my window and Azilah told me that the Chinese woman had responded well to his advice. Then Azilah asked me where I was heading. I told him as the situation was under control, and there was nothing more for me to do, I was going home. Azilah said ‘ok.’ I then drove along Damansara Road and turned left heading towards Duta Road and the NKVE past the Duta Road Government Complex. Before I headed left towards the NKVE, I called Azilah and asked him if he wanted me to patrol the bungalow area the following day, considering he would be on duty at Putrajaya then. Azilah replied he was in conversation with the Chinese woman, and asked me to call back in 5 minutes. As I was in the commercial district of Sri Hartamas on the way to the NKVE via the Pencala Tunnel Link, I called Azilah again. According to him, he had advised the Chinese woman, and it would be unnecessary for me to patrol the area of DSP Musa’s friend’s house. If he received reports of any new disturbances or commotions there, he would liaise with me. After this conversation, I pulled over at Devi’s Restaurant in the commercial district of Sri Hartamas, for tosai . I left about 20 minutes later and reached home via the NKVE at about 10 p.m. Later at about 12.00 p.m., I drove from my home in Kota Damansara to Kampong Baru in Kuala Lumpur for early morning breaking of fast meal.
Before 31 October 2006, I received instructions from ACP Mastor that I was to serve duty with the Prime Minister’s security contingent during his visit to Islamabad, Pakistan for 10 days from 31 October 2006 to 9 November 2006. Before leaving for Pakistan, I left my car at the compound in Bukit Aman and the car keys in my office in-tray. I had instructed Sergeant Rosli to switch on and rev the engine now and then when I was away. Before leaving for Pakistan, I had the car and its interior thoroughly cleaned. One of the objects which I had tightly wrapped up in a plastic box and kept in the boot was a pair of red slippers. During this trial, I noticed an exhibit, photo no.12 (P25), of a red pair of slippers, size 8, which is my foot size. During this trial, I also noticed exhibit photos 35-41 (P25), a pair of white slippers with writing ‘BNA’ on its wrapping and ‘HEAT ADSAWD’ on its container. I have never seen or worn this (white) pair of slippers ever before. When I left my car in Bukit Aman, this (white) pair of slippers was not in it. It is not my foot size either.
On the morning of 5 November 2006, I was on duty as the personal aide to the prime minister while he was in his hotel meeting room in Islamabad. All of a sudden, DSP Fisal arrived and ordered me to go upstairs to prepare food for a Dato. I went upstairs to meet a colleague to exchange duties. I surrendered my revolver to him, then took a rest while waiting further orders to prepare food. Not long after, there was a knock on the door and ACP Mastor appeared, followed by Sergeant Jelima and Corporal Zamri from UTK. ASP Mastor ordered me to return to Malaysia with the explanation that my ex-wife had lodged a police report against me and I was required to attend to this problem. I, ASP Mastor, Sergeant Jelima and Corporal Zamri boarded a plane from Islamabad. We landed in KLIA on 6 November 2006, where we were met at the aerobridge by officers and members of UTK. I was driven in the squad vehicle to IPK Kuala Lumpur. When we arrived there, ACP Mastor handed me over to DSP Chan of Section D9 of the IPK KL. At the D9 office, I was interrogated for about half an hour. Shortly thereafter, a man whom I knew as Sergeant Amran handcuffed me to himself. Then ASP Tonny appeared and ordered me to be taken to the Squad’s Pajero. I was escorted downstairs via a lift by ASP Tonny, Janagaren, ASP Zulkarnain, several members of D9 and a video cameraman with a large camcorder on his shoulder. I was ordered to board the Pajero. I was seated in the middle at the backseat of the Pajero, with Sergeant Amran on my right and ASP Zulkarnain on my left. The driver was Corporal Khairuddin with ASP Tonny seated beside him. Seated in the same row as I were Janagaren and the video cameraman. The Pajero proceeded as part of a convoy via Hang Tuah Road, Old Airport Road, crossing Dewan Bahasa dan Pustaka, Istana Road across Istana Negara, National Museum, Jalan Duta and via the NKVE toll highway exiting at Kota Damansara. We followed the other vehicles and stopped at the UITM campus at Puncak Alam. Throughout that journey, I did not notice anyone asking for directions. I did not give directions either. Then the convoy moved towards Klang. As the convoy reached a 4-way junction, the Pajero turned right into a jungle track. At this search site, ASP Tonny ordered me to alight from the Pajero. We hung around the place for about 20 minutes before ASP Tonny ordered us to board the Pajero again. We drove off from that area. Suddenly ASP Tonny’s cellphone rang and I saw him answering it. Following that, ASP Tonny told ASP Zulkarnain and the driver that this was the wrong road. ASP Tonny then instructed the driver to go back to the 4-way junction, where he turned left and stopped. ASP Tonny then answered his cellphone again, following which he ordered the driver to keep left and enter the jungle again. The vehicle went uphill until it reached a rest area. There, I noticed that a blue Pajero was already waiting there ahead of us. Before I alighted the vehicle, I saw Azilah, Chief Inspector (CI) Koh Fei Chow (KFC) , DSP Zainuddin and several plainclothed men hanging about the rest area. ASP Tonny ordered me to stand behind the Pajero. As it approached dusk, I was asked to board the Pajero which headed back to IPK KL.
At about 11 a.m. on 7 November 2006, I was taken from my lock-up to the Kuala Lumpur Magistrates Court for a remand hearing. After the remand hearing, I was taken to ASP Zulkarnain’s office at D9 IPK KL. I was taken there handcuffed and saw CI KFC there as well in the room. There were only two narrow chairs in the room. ASP Zulkarnain was seated in his chair at his table, while I was ordered to sit in front of him. CI KFC stood by ASP Zulkarnain’s side. CI KSC left and re-entered the room several times. During that meeting, ASP Zulkarnian was always with me with me throughout that period, from start to finish. As I recall, CI KFC left and came back several times, and was once away for 4-5 minutes. In the room, ASP Zulkarnain asked me many questions, and I replied those to which I knew the answer to and said no to those questions I did not know the answer to. During our meeting, I did not say to ASP Zulkarnain that I wanted to reveal anything. I also did not once say to him that I wished to provide any information. I know what ‘Caution’ means. In our meeting, never once did ASP Zulkarnain read a ‘Caution’ statement to me. Once when I answered that I did not know to his question, he raised his voice, and on another occasion he told me in a loud voice, “You tell the truth, tell me what you know, you are a member, we will help you, this matter will not be taken to Court.” I kept quiet. On another occasion, ASP Zulkarnain raised his voice and in a firm and angry tone said, “Don’t make me treat you like other OKI’s.” At that time his face showed anger and he stood up and then sat down. I was frightened. I was afraid he would beat me like other OKI’s. I imagined that had I not been a member, I would certainly have been beaten up by ASP Zulkarnain. ASP Zulkarnain then directed many questions at me the answers to which I did not know. When I quickly replied I did not know, ASP Zulkarnain stood up, banged his desk and said, “It’s like this Sirul, if you agree you follow me, identify those items, hold them up so that the cameraman can take pictures, then I can help you so that this matter will not be brought up in the Courts.” When he said this, CI KFC was not in the room. At that moment, ASP Zukarnain’s voice was soft and I believed he would help me. I kept silent and did not ask any questions about where I would be taken to and what ASP Zulkarnain meant when he said he wanted me to show some items.
While in ASP Zulkarnain’s room, I did not see anyone typing anything, except towards the end of our meeting, when ASP Zulkarnain flipped open his laptop and typed something. This happened after he had spoken in a soft one and asked me to follow him to identify some items. I did not see CI KFC for some time until he appeared with an A4 sheet of paper on AZP Zulkarnain’s instructions. Five minutes after ASP Zulkarnain had finished typing, I was escorted to a D9 meeting room by CJ KFC and left there alone for about 20 minutes. I was then escorted by Corporal Chiam, ASP Zulkarnain, CI KFC and CI Shawal into a Pajero. I followed them without asking any questions. Corporal Khairuddin drove us to Kota Damansara. I felt they were heading towards my house. A Volvo car with a RMP badge trailed the Pajero. When instructed by ASP Zulkarnain, the Pajero driver stopped the car in front of my flat. During this journey, no one asked for directions to my home. The members in the Pajero and I only talked about our duties in UTK and overseas. I also had not revealed my home address to the officers and members. I noticed a Unit Pemushanan Bom (UPB) vehicle together with the Volvo parked behind each other in the compound where my flat was. Next, ASP Zulkarnain, CI KFC, members and I, all got out of the Pajero. Throughout the walk to my flat, I was handcuffed to Corporal Chiam. I saw below my flat UTK officers DSP Yusri, Sergeant Rosli and Sergeant Zafri also waiting there. I saw Sergeant Rosli taking out a bunch of keys and handing them over to CI KFC. The bunch of keys were strung together in a single chain. I have several keys for my house, and not a chain of three keys as shown at the court. I noticed Sergeant Rosli submitting to CI KFC another chain of keys which I recognized to be mine as they were faded, unlike the shiny ones shown to me in court. This set of keys had been handed over to ASP Mastor in my flight from Islamabad to KLIA. CI KFC then handed over the keys to ASP Zulkarnain. After that, ASP Zulkarnain directed us upstairs. CI KFC, DSP Yusri and Sergeants Rosli and Zafri were followed by me handcuffed to Corporal Chiam. As we were going upstairs, ASP Zulkarnain did not ask me for my house address. Cameraman Kamarulzaman, Khairuddin and the UBP officers were still downstairs. CI Shawal followed us up. Then I was brought to my house, number 5-3-7. The door was unlocked by ASP Zulkarnain and all the others entered my house. ASP Zulkarnain entered the house first and asked Corporal Chiam and I to sit on the dining table chairs in the living room. The cameraman Kamarulzaman was not there yet. While I was seated at the dining table, ASP Zulkarnain entered the master bedroom followed by CI’s KFC and Shawal, and Sergeants Rosli and Zafri. The bedroom door was shut. They were in there for about 10 minutes while Corporal Chiam and I were outside. While the master bedroom door was still shut, the cameraman Kamarulzaman entered the living room, while the UPB officers stayed outside the flat. About 10 minutes later, DSP Yusri and Sergeants Rosli and Zafri emerged from the master bedroom and had with them one large bag and two other bags which they took out of my house. The shut the master bedroom door behind them. About 3 minutes later, ASP Zukarnain opened the master bedroom door and asked me to enter. Corporal Chiam and I entered and we were asked to stand next to my clothes almari .
ASP Zulkarnain then asked the cameraman Kamarulzaman to enter the room. ASP Zulkarnain then said, “this is your jacket, hold it.” When I entered the room, I noticed that the bedsheets were disarranged, the almari doors were open and the ceiling fan had been switched on. I then held the jacket and all our actions and poses were photographed by cameraman Kamarulzaman. While holding the jacket, I did not say anything. After that, I was asked to stand beside the bed. I saw ASP Zulkarnain take back my jacket and then remove some items from inside it. The jacket was spread out on the bed and ASP Zulkarnain placed the items on it. ASP Zulkarnain asked me to point towards to the items. He said, “ Point your fingers.” I said, “what is this, Sir?” I did not want to point, but ASP Zulkarnain asked me to “just point only, Sirul.” It was then that picture of me pointing was taken. Other than pointing at the items with my fingers, I did not say anything. After that, I was asked to go and sit at the dining table. From the time I entered the room until the time I left, no officer read me any ‘Caution’ statement. After that, I was taken straight from my home to Bukit Aman.
Before I complete my statement, I must clarify that I have never met the victim in this case and have had no personal dealings whatsoever with her. I also do not know Abdul Razak bin Abdullah (Baginda) and have had no dealings with him before this case. I appeal to this Court to take into account that throughout this hearing, I have followed the proceedings and note that many important prosecution witnesses, principally those from D9 IPK cooked up stories, lied and always changed their stories when cross-examined. I note this with concern because, for me, their actions are done with the deliberate intention of implicating me so that I will be the black sheep who has to be sacrificed to protect the plans and evil intentions of those who are not in Court today to face the outcome of their treatment and schemes. I have not a single reason to hurt, what more, take the life of the victim in such a cruel manner. I appeal to this court which is in session and has the power to determine whether I live or die, so that I will not be hung, to, once and for perfectly complete the agenda they have for me.
Statement from the dock by the Accused
SIRUL AZHAR BIN HAJI UMAR