KUALA
LUMPUR, Nov 13 (Bernama) -- A witness said today that he could not disclose
the source of letters containing allegations of sexual misconduct against
Datuk Seri Anwar Ibrahim.
ACP Mazlan Mohamed
Din of the Special Branch told the High Court here that he could not disclose
the source because it could be narrowed down by the defence.
He said this at
the trial of Anwar, the former deputy prime minister, charged with four
counts of committing corrupt practice by using his position to interfere
in police investigations into allegations of sexual misconduct against
him.
Mazlan, the seventh
witness in the trial which entered the 10th day today, said this when asked
by one of Anwar's counsel, Gurbachan Singh, whether the source was a member
of the public.
Senior deputy public
prosecutor Azahar Mohamed objected, saying that as a Special Branch officer,
Mazlan was subjected to the Inspector-General Standing Order and the SB
Manual which disallowed the disclosure of the source of information.
He said that if
the source of information was disclosed, it would discourage the public
from giving information to the police.
Gurbachan Singh,
referring to section 124 of the Evidence Act 1950, said the defence was
not asking Mazlan to reveal the communication or other details of the source
and that it only wanted to know whether the source was a member of the
public.
The section only
said that no public officer shall be compelled to disclose communications
made to him in official confidence when he considers that the public interest
would suffer by the disclosure, he said.
He said the section
did not apply to this case and Mazlan could answer the question.
Senior public prosecutor
Datuk Abdul Gani Patail said, however, that all matters relating to the
security of the nation were governed by the Official Secrets Act (OSA).
At this stage,
Justice Datuk S.Augustine Paul asked the prosecution to confirm the matter.
"My preliminary
view is that it may come under (section) 125 (of the same act)," the judge
said.
Section 135, among
others, states that "no president of a sessions court, magistrate or police
officer shall be compelled to say whence he got any information as to the
commission of any offence..."
--Bernama |