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 ©Bernama
(Used by permission)
KUALA LUMPUR, July 4 -- The statutory declaration made by private investigator
P. Balasubramaniam linking Datuk Seri Najib Tun Razak with Mongolian Altantuya
Shaariibuu, cannot be withdrawn, says Bar Council president Datuk Ambiga
Sreenevasan.
She said the statutory declaration was made in accordance with the procedure and
sealed by a Commissioner of Oaths.
"A statutory declaration is a document that contains evidence given on oath. It
is sworn before a commissioner for oaths. As in the case of all evidence given
under oath, it cannot be withdrawn," she said.
However, she said, a statutory declaration could be supplemented or corrected.
"... and just as in the case a witness giving false evidence in court, anyone
who swears a false declaration can commit an offence," she told Bernama
when contacted.
Yesterday, Balasubramaniam, who had testified in the Altantuya murder trial,
called a news conference to reveal his 16-page statutory declaration dated July
1, containing allegations about the slain Mongolian's involvement with Najib.
However, at 11.30am Friday, Balasubramaniam announced that he was retracting the
entire statutory declaration.
He also issued a new declaration in which he said that his previous statements
were inaccurate and not the truth.
Meanwhile, lawyer Datuk Hazman Ahmad, who is representing Chief Insp Azilah
Hadri, the first accused in the Altantuya murder case, said Balasubramaniam had
the right to substitute his previous statutory declaration with a new one.
"He doesn't need to go through court process to come up with a new statutory
declaration, but the question is, what is the status of the previous
declaration?
"Is this amounting to cheating? It's up to the Attorney- General to take
actions," he said when contacted.
Lawyer Hasnal Redzua Marican, who is representing Corporal Sirul Azhar Omar, the
second accused in the same case, said there were no provisions under which the
statutory declaration could be retracted.
Lawyer Amer Hamzah Arsyad described Balasubramaniam's action as inappropriate as
if he was making a mockery of the country's laws.
He said the former policeman should have been firm with his allegations.
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