Before 1MDB, there was SD1, SD2

Disciplinary Board report into whether Cecil Abraham had drafted SD2 and committed a wrongdoing.
Disciplinary Board report into whether Cecil Abraham had drafted SD2 and committed a wrongdoing.

Long before 1MDB, the tentacles of Malaysian Official 1 was said to have reached into the sworn statement of a private detective involved in the killing of Mongolian interpreter Altantuya Shaariibuu.

But that’s old news, really. No one knew for sure whether he was involved until it the matter came up in the disciplinary hearing of a top lawyer who had links to him, and allegedly involved in the drafting of another sworn statement to repudiate the first sworn statement by the detective P. Balasubramaniam.

And recently, The Malaysian Official 1 got hold of the disciplinary board report, which is expected to be used in a Bar Council lawsuit against the top lawyer, Cecil Abraham – who has been acquitted by the Disciplinary Board of any wrongdoing in the case earlier this year.

The report does name Malaysian Prime Minister Najib Razak in the speculation whether he had instructed Abraham to draft the late Bala’s second statutory declaration (SD2) to overturn the first statutory declaration (SD1).

Here are some of the observations by the Disciplinary Board chairman Foo Kai Yuen on the issue where the Bar Council was the complainant and Abraham was the Respondent.

“I believe the big question mark that every body wants to know of SD2 is who is the person who instructed the drafting of it and not so much as to who drafted it. The expectation is that with the identification of the person who drafted SD2 there will be a revelation as to who instructed him to draft it.

“At the outset I must stress that the purpose of the present inquiry is to find out whether the Respondent drafted or was involved in or responsible for the drafting of SD2 and if so found then whether he had taken the relevant precautionary measures suggested by the Complainant. The purpose is not to find out who instructed the Respondent to draft SD2.”

In effect, the board skirted that issue and only stuck to whether Abraham had indeed drafted SD2, which he denied.

It heard from a number of witnesses, and only two stuck with the allegation that Abraham had revealed “we all know who” had instructed him to draft SD2 for Bala.

“The Complainant has set a strong case but in the light of the evidence adduced the threshold of proving its case beyond reasonable doubt has not been reached. I am therefore recommending that no cause for disciplinary action exists.”

The matter is now in a lawsuit in an open court, and perhaps they will name Najib Razak, whom we all know as Malaysian Official 1.



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