KUALA LUMPUR: The statutory declaration made by private investigator P. Balasubramaniam linking Datuk Seri Najib Tun Razak with Mongolian Altantuya Shaariibuu, cannot be withdrawn, says Bar Council president Datuk Ambiga Sreenevasan.
She said the statutory declaration was made in accordance with the procedure and sealed by a Commissioner of Oaths.
"A statutory declaration is a document that contains evidence given on oath. It is sworn before a commissioner for oaths. As in the case of all evidence given under oath, it cannot be withdrawn," she said.
However, she said, a statutory declaration could be supplemented or corrected.
"... and just as in the case a witness giving false evidence in court, anyone who swears a false declaration can commit an offence," she told Bernama when contacted.
Yesterday, Balasubramaniam, who had testified in the Altantuya murder trial, called a news conference to reveal his 16-page statutory declaration dated July 1, containing allegations about the slain Mongolian's involvement with Najib.
However, at 11.30am Friday, Balasubramaniam announced that he was retracting the entire statutory declaration.
He also issued a new declaration in which he said that his previous statements were inaccurate and not the truth.
Meanwhile, lawyer Datuk Hazman Ahmad, who is representing Chief Insp Azilah Hadri, the first accused in the Altantuya murder case, said Balasubramaniam had the right to substitute his previous statutory declaration with a new one.
"He doesn't need to go through court process to come up with a new statutory declaration, but the question is, what is the status of the previous declaration?
"Is this amounting to cheating? It's up to the Attorney- General to take actions," he said when contacted.
Lawyer Hasnal Redzua Marican, who is representing Corporal Sirul Azhar Omar, the second accused in the same case, said there were no provisions under which the statutory declaration could be retracted.
Lawyer Amer Hamzah Arsyad described Balasubramaniam's action as inappropriate as if he was making a mockery of the country's laws.
He said the former policeman should have been firm with his allegations.
Bernama
05/07/08
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