Home Minister Ahmad Zahid Hamidi had written to the US over alleged gambling kingpin Paul Phua purportedly in order to correct a mistake in a report by the Malaysian police, said lawyer Muhammad Shafee Abdullah.
At a press conference today, the prominent Umno lawyer speaking on behalf of Phua's legal team, clarified a South China Morning Post report about Zahid's letter to the US Federal Bureau of Investigation (FBI) dated Dec 18 where the minister claimed Phua is not a member of the 14K Triad.
The FBI had submitted an internal document to the courts in US, which it said Malaysian police had informed the agency's representative in Malaysia that Phua was a member of the 14K Triad, a Hong Kong-based transnational organised crime entity.
"I think because the mistake is very big, it affects people's liberty.
"(Therefore), the minister found it quite necessary to correct the situation," said Shafee ( left ).
When asked if this meant the 2008 report by Malaysian police about Phua was wrong, he replied, "Wrong".
He added he had clarified the matter "from the horses' mouth", but declined to name names other than saying that it was from a very senior police official.
Shafee, who has been a criminal lawyer for 40 years, repeatedly stressed that the 14K Triad does not exist in Malaysia.
Elaborating on the matter, Shafee said Zahid had only written the letter at his (Shafee's) request as per legal requirements.
Shafee said the US law firm Messrs Chesnoff & Schonfeld, who is acting for Phua, had sought his help to clarify about Phua's background.
Phua is standing trial in the US for allegedly running an illegal gambling operation in Las Vegas.
Shafee: Zahid was asked to write to the FBI
The veteran lawyer added the US law firm had sought his help as he had previously advised them about extradition matters in Malaysia, also relating to Phua's case.
"I wrote (to the minister) some time in August to give the full name (of Phua) and subject and I said, can you please clarify if Paul Phua is a member of the 14K Triad in Malaysia.
"Interestingly, the minister answered almost two months (sic) later – he didn't answer immediately because he had to find out from the police – he said Paul Phua is not a member of the 14K Triad," he said.
Shafee added that Zahid ( right ) was asked to write directly to the FBI rather than reply to his law firm to avoid doubt.
He said if Zahid had replied to Shafee's law firm, which made the request at first, it would have to be forwarded to the FBI, which may question the authenticity of the reply.
Shafee added that Zahid had a legal duty to release such information upon request in such cases, as long as it does not affect national security.
"If he did not answer the question, I could have actually compelled the minister to answer by way of a court proceeding.
"The minister was very aware of his rights pertaining to national security," he said.
'Maybe Phua can still help Putrajaya'
Commenting on Zahid's claim in the letter that Phua had aided the government in matters of national security, Shafee said he could no elaborate on the matter and that information was also a "bonus" to him.
He speculated that Zahid may have disclosed the additional information in "defence" of a Malaysian citizen, after coming across it while reviewing Phua's file.
When pointed out that the letter not only touched on Phua's supposed assistance but also expressed the government's "eagerness" to see Phua returned to Malaysia, Shafee said the man may still have information useful to the government.
"It gives you a hint, that Paul Phua, prior to his arrest, may have been as current in assisting the government and there could still be remnants of matters to follow up with him.
"But I'm not aware, because I cannot go into the subject (of national security)," he said.
However, he added that in no way was Zahid vouching for Phua's innocence in the illegal gambling charge.
Shafee also downplayed the seriousness of Phua's charge, stating that it was merely a "revenue" offence – for gambling without a licence.
"It is not such a big deal, as far as I am concerned. I started as a defence counsel in common gaming cases.
"It is almost in the blood of segments in the Chinese population that they wouldn't regard it as a serious offence and we regard it as a revenue offence," he said.
