THE lawyer representing Hasanah Abdul Hamid, the former director-general of Malaysian External Intelligence Organisation (MEIO), has been criticised for saying that former prime minister Najib Razak did not have to know of the existence of a letter sent to US intelligence asking for their support.

Shaharudin Ali said today said that the letter to the Central Intelligence Agency was a routine operational matter and that a police report has been lodged today to investigate those who leaked the contents of the classified letter.

Shaharudin Ali later confirmed with reporters at his office in Kuala Lumpur that the leaked letter was genuine.

Haniff Khatri Abdulla, who represented Dr Mahathir Mohamad in several suits, said the primary focus of police investigation should be into who were behind the letter.

“The letter is authentic. It was sent by her, under her signature. If there’s no dispute as to the authenticity of the letter, then it gives rise for the necessary authorities to carry out a thorough investigation into whom are the people issuing this letter,” he told The Malaysian Insight.

“Clearly on the face of it, there is a clear indication that there was, at the very least, an invitation to a foreign institute of a foreign government to interfere with the workings of the parliamentary democracy of this nation.”

The act is an offence under Section 124C of the Penal Code, which punishes activities detrimental parliamentary democracy by up to 15 years imprisonment.

Haniff said police investigation into who leaked the letter is of secondary importance because the Official Secrets Act is not designed to hide commission of crime: “The OSA is to protect the interest of the state on confidential information in the interest of the country. Not in the interest of the government.

“So if the government has put out documents like this and when it is leaked, there is no justification to use breach of OSA as a valid defence to hide the letter. They are going on the wrong track by admitting that the letter is authentic. The police may uncover elements of treason, which is punishable by death. This is not a matter to be playful with.”

Haniff added that Najib’s claim that he did not know of this letter is not of primary concern.

“Whether Najib knew of this letter or knew of activities of MEIO is something which must be investigated by the police.

“It’s not for Hasanah to say things and ask us to accept her version of events. Who is she? What authority has she got when she is the subject of an investigation for the perpetration of a crime. Who is she to say others should not be investigated?

“The beneficiary of the letter is obviously Najib and his previous government who wanted to stay in power. How can she say she did not write in without Najib’s knowledge or without his interest? That is the job of the police to investigate. It’s not for her to say,” he said.

Haniff said Hasanah should be detained through the normal process and remanded for a period of time determined by magistrate for statements to be taken.

Haniff said the matter was similar to the Watergate scandal where former US President Richard Nixon and his re-election campaigners were implicated in a robbery of a rival political party in June 1972.

“I call this MEIO-gate. Nixon himself said he was not involved despite initial investigations and based on that he was re-elected.

“Further investigation actually found Nixon was involved by giving certain payments and instructions to people. He was involved in a conspiracy to hide the matter from the FBI. He later resigned.

“That can only happen after investigation is done. Similarly here, you can say all you want that Najib was not an interested party and that Najib didn’t know, but that’s for investigators to find out.”

“Fortunately in our case, Najib lost the election. Can you imagine if Najib had won? This is a (alleged) crime against the nation and it would not have been discovered or crystallised in such a manner to the public.” – July 31, 2018.