16 August 2018, Putrajaya - The Enforcement Agency Integrity Commission (EAIC) refers to the statement made by the lawyer M. Visvanathan at a press conference held on 15 August 2018 in Petaling Jaya.
EAIC hereby denies the statement made by the above lawyer that EAIC has classified the report on investigation in the death of Syed Mohd Azlan bin Syed Mohamed Nur (Syed Mohd Azlan) while in Police custody at Kota Tinggi on 3 November 2014 as “secret”.
EAIC wish to clarify that the report was never classified as confidential; it had been published and uploaded in all EAIC’s media platform and accessible by members of public on 30 October 2015 in accordance to Section 30(5) Act 700. Therefore, it is inaccurate to say that EAIC’s report on the death of Syed Mohd Azlan is classified as confidential.
EAIC wish to reiterate the purpose of the investigation is to determine whether there was foul play or misconduct on the part of the police during the police’s investigation and not with the purpose to help any particular lawyer or legal firm with its civil claim arising from the death of Syed Mohd Azlan.
Based on the report there was a foul play on the part of the police and EAIC had recommended criminal prosecution to be taken against police personnel involved. As a result of the Commission recommendations, three police personnel were charged under section 304 of Penal Code for causing the death of Syed Mohd Azlan at Kota Tinggi Session Court. However, the three police personnel were acquitted and discharged after the defence was called; but the AGC is now appealing against that order of discharge and acquittal.
EAIC also wish to clarify that the information sought from EAIC by the legal firm Saibullah MV Nathan & Co in its letter dated 11 June 2018 is not on the report itself but the legal firm wanted to have the detailed list of witnesses that had given statement to the EAIC in the course of investigation into the death of Syed Mohd Azlan. In fact from the letter itself, it is obvious that the legal firm had access the report and had even filed it as a Plaintiff’s Bundle of Document.
With regard to the list and detail of the witnesses that had given statement to the EAIC, the Commission is under no obligation to release or disclose any of the detail. EAIC had said so in a reply letter dated 28 June 2018 to the lawyer. The list of witnesses are confidential by virtue of section 52 of Act 700.