Weeks ago, we saw our Dato' Seri Anwar Ibrahim ("DSAI") announced to the public that he has evidence to prove Tan Sri Musa Hassan, the now Inspector General of Police ("IGP") and Tan Sri Abdul Ghani Patail, the current Attorney General ("AG") cum Public Prosecutor have involved in the cover-up or fabrication of his medical report during the infamous "black-eye" incident in 1998.
DSAI alleged that the now IGP and AG had assisted in the fabrication of the second medical report which intends to cover-up his black-eye caused by the then IGP, Tan Sri Rahim Noor.
Last week, DSAI had walked into the office of ACA to record his statements pertaining to the allegations he made. Hours later, he was arrested and stripped naked (or so he claimed) to assist in the investigation of the sodomy case lodged against him by his ex-assistant, Mohd Saiful.
Today, we saw in the Newspaper that the current IGP had filed a defamation suit against DSAI for his open remarks against Tan Sri Musa Hassan in public thus defaming him.
The question here is, whether Tan Sri Musa Hassan, who is under investigation should file a defamation suit now or after the ACA investigation is completed?
If everyone who had lodged a police report make certain remarks, allegedly defamatory, against a certain suspect, should the suspect be entitled to sue the complainant for defamation before the completion of the police/ACA investigation?
True, the right to file a suit in the Court of Justice is at the sole discretion of the current IGP, however, I must disagree with the filing of defamation suit prior to the complete of investion. It is my opinion that the right to sue arise only after the police/ACA has completed their investigation and find no case to prosecute (and if a case is made out, after the completion of the trial). To sue at this stage tantamount to intimidation and threats by a suspect against a complainant and should not be encouraged. It is against the public policy should such flood gate be open.
For example, a female alleged that she was raped, can the suspect accused her of defamation as the statements to police were defamatory? Surely this cannot be right and against the interest of the public if we apply Tan Sri Musa's suit herein.
Of course, we must say that DSAI should not be making public remarks pending investigation and that Tan Sri Musa is entitled to file a suit to protect his reputation and dignity which is being tarnished by DSAI in public. But as a politician, media is his greatest weapon for offence and defence, surely it would be a foolish act if he let the matter in the hand of the administration which caused him the "Black-Eye" and let his life at the mercy of others.
What I think should be done is that Tan Sri Musa should just quietly obtained an ex-parte injunction against DSAI pending the disposal of his ACA case, then only annouced that a defamation suit has been filed and which will only proceed after the conclusion of the ACA case. At this juncture, DSAI is to be prohibited from making further allegations.
Should these steps are taken, Tan Sri Musa will not be perceived as trying to intimidate DSAI and to threaten DSAI from revealing the truth.
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