27 Sept 2011

Lawyer for Sarbaini's kin: Decision hard to believe ( UPDATE )

The family of Ahmad Sarbaini Mohamed wants more time before commenting officially on the finding of the inquest into his death.His brother-in-law Mohd Shah Jaafar said Ahmad Sarbaini's widow was tired today as she had gone to the Tabung Haji.

NONEMasiah @ Maziah Manap (right) and Ahmad Sarbaini were slated to perform the haj this year.Following Sarbaini's death, her son will be accompanying her to the Holy Land.

The family's lawyer, Awtar Singh, in commenting on the finding, said it is hard to believe the late Sarbaini had climbed out of the window to run away.

“Why must he do that? He (went there) on his own free will. Furthermore, there are no visible fingerprints near the window and they did not take the clothing of the MACC KL head of investigations, Mohamad Fauzi (Husin), to conduct a DNA test.”

Awtar said the MACC should be held liable for Sarbaini's death as it occurred within its premises.

“We are thinking of filing a judicial review but I will await instructions from my client.”
Awtar also pointed out that Sarbaini was not the kind of person to run away as he was a responsible and religious person.

The verdict defies logic, said the lawyer from Perak, from where Sarbaini also came from.The MACC Kuala Lumpur office, located on Jalan Cochrane, is within a gated compound and is also guarded by security.





We must respect the court's decision headed by the Coroner Aizatul Akmal Maharani yesterday, pertaining to the late Ahmad Sarbani death as misadventure but it does not absolve MACC.

Social Care Foundation chairperson Robert Phang, who was present, said that, while he respects the coroner's decision, it does not absolve MACC of blame.

NONE“We have had one incident in (the case of) Teoh (Beng Hock) and again with Ahmad Sarbaini and I feel the authorities should get to the bottom of the matter," Phang (left) said.“Abu Kassim (Mohammed), the MACC chief commissioner, should really do some housekeeping to bring it to good repute.

There are many good hats as there are bad hats in the MACC. The public is clearly watching closely what is happening.”The social activist who was formerly a member of the MACC Consultation and Corruption Prevention panel, said justice must not only be done but must be seen to be done.

He said Abu Kassim should engage with the public to clear many of the misconception of how the graft commission is run.

Phang falso said those in the chain of command at the Kuala Lumpur MACC office on that day should also be held responsible for Sarbaini's death, despite the ruling having only found an MACC named Kamal Awang Besar to be negligent for allowing Ahmad Sarbaini to be left alone in the witness room.

Shafee: There's no foul play

MACC's lawyer Muhammad Shafee Abdullah said the coroner had dismissed any finding of foul play against the graft busting commission as the inquest did not find any element of crime.

Shafee said the coroner finding that MACC officer Kamal was negligent for leaving Ahmad Sarbaini alone in the witness room was something for the MACC to look into, and he noted that Kamal was suspended after the incident.

Sarbaini was found dead after he fell from the third floor of the Kuala Lumpur MACC building on April 6.

He was initially detained for two days and was released on April 4 as part of the 'Project 3B' operation on corruption and money laundering conducted by the MACC.


Source : http://www.malaysiakini.com/news/176916

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