'Is Sofia lying?' Make up your mind, govt told as cops probe Albert Tei video

Lawyers for Albert Tei have urged authorities to decide on the credibility of a woman named as a prosecution witness in an explosive graft case linked to the Prime Minister's Office, after the prominent whistleblower was questioned today by Bukit Aman's Classified Crimes Unit under a controversial law frequently used by ruling politicians to silence critics accused of defaming them.

It comes two months after Tei released excerpts of his secretly recorded conversation with Sofia Rini Buyong, a woman identified as a proxy to Shamsul Iskandar Mohd Akin, who resigned as Prime Minister Anwar Ibrahim's political secretary shortly after the businessman revealed evidence of corruption worth more than RM600,000.

"I think it's very interesting and very serious that the government has to answer. You cannot on one hand say Sofia is a prosecution witness, and on the other hand say that whatever she said is defamation," said Tei's lawyer Mahajoth Singh.

Tei was questioned today under Section 500 of the Penal Code, relating to criminal defamation, as well as Section 233 of the Communications and Multimedia Act on improper use of network facilities, based on a police report filed by the Malaysian Anti-Corruption Commission (MACC).

It concerns claims made by Sofia in a video released by Tei, in which she was heard telling him that MACC chief Azam Baki was aware of a plot allegedly hatched by Shamsul and Anwar to have the businessman record more than a dozen video clips showing ruling Sabah assemblymen discussing bribes in exchange for approving mineral mining licences.

Tei had said it was part of a plan to blackmail the assemblymen into maintaining their support for Anwar's ruling coalition.

Mahajoth questioned whether authorities now consider Sofia credible despite naming her as a prosecution witness.

"It's the same person. So either she is lying or she's not telling the truth," he said, adding that it was "utter nonsense" for the government to accuse its own witness in a criminal trial of making defamatory remarks.

On Nov 25 last year, Tei – the man behind explosive videos implicating Sabah Chief Minister and GRS chairman Hajiji Noor and 14 ruling politicians in corrupt practices – revealed that he had spent almost RM630,000 on Shamsul in the hope that the latter would help him negotiate with Hajiji to recover the money he paid to several GRS politicians. Shamsul resigned on the same day.

Tei provided proof that he paid for renovations, luxury gifts, tailored suits, appliances, furnishings and cash totalling about RM350,000 for Shamsul, as well as releasing a secretly recorded video of his conversation with Sofia.

Apart from confirming the cash and gifts given to Shamsul, Sofia in the video also made the startling claim that it was Shamsul and Anwar's idea for Tei to secretly record his conversations with the Sabah politicians, and that Azam was also briefed about the plan.

Sofia later denied everything she had claimed in the video recorded by Tei.

Two days after his exposé, a group of balaclava-clad armed officers from MACC raided Tei's home, before taking away critical evidence that could shed light on claims that guns were pointed at him and his family members as they ransacked his house.

Mahajoth said MACC's police report against Tei over Sofia's remarks was made just two days before Tei's dramatic arrest.

"The report was made on Nov 26. He was ambushed on the 28th. I'm sure there is some link here," he added.

Both Tei and Shamsul were eventually charged with giving and receiving RM176,829.03 in gratification, while Sofia was named a prosecution witness.

Tei: Sofia also named Anwar, but no police report

Tei questioned why he was being investigated when it was Sofia who made the claims against Azam.

He challenged police to question Azam.

"Azam's name was also mentioned. The police and investigating officers should have called Azam.

"Azam denied it, that is all. After he denied it, I was the one investigated. Investigate him, ask him if all this is true.

"The government and police are sending a message to Malaysians that high-profile individuals, senior government officials at the top, are untouchable and cannot be investigated. These people seem to be immune to the law," said Tei.

Tei also challenged Anwar to file a police report over similar claims made by Sofia in the video.

He said her claims, along with other statements she made regarding monies and gifts given to Shamsul, were all part of the same video.

"Has Anwar Ibrahim been investigated? And why has Anwar not lodged a police report to state that this is defamation? Azam has filed a police report for slander. Now I am waiting.

"I challenge him (Anwar) to file a police report for defamation," said Tei.

Meanwhile, lawyer N Surendran lashed out at the Pakatan Harapan government's about-turn over the use of "criminal defamation" to silence critics.

"If Azam feels that he has been defamed, there is a process in the civil court," he said.

"Like every other ordinary citizen of this country, you can file a civil suit for defamation and sue the person you claim has defamed you. What you cannot do is use Section 500 of the Penal Code to arrest or jail people because you feel you have been defamed."

Surendran pointed out that ordinary Malaysians must file suits and pay for lawyers and legal fees to fight defamatory allegations against them.

"Why is it that a top government official or a minister does not need to use civil defamation? They can simply ask the police to investigate. Is that how it works now in this country?"

Surendran, a former PKR MP who was previously part of Anwar's legal team when the latter was in the opposition, reminded PH leaders of their past protests against the use of Section 500 of the Penal Code.

"Today, they are in power and they are doing the same thing they said they (the government) shouldn't be doing.

"Isn't this shameful for the current government to do something they promised not to do when they were in the opposition, when they were on the streets?"