Five Taiping Prison officers given access to classified CCTV footage before testifying at Suhakam inquiry
Muhamad Mustakhim Abdul Rahim said he and the next four witnesses scheduled to testify at Suhakam's headquarters in Kuala Lumpur had requested to be shown the CCTV footage, which the Prison Department had earlier said was classified.
Suhakam's assisting inquiry officer, Simon Karunagaram, was shocked to hear Muhamad Mustakhim admit that he had been given access to the CCTV footage.
Simon: Did you watch the footage? Muhamad Mustakhim: Yes.
Simon: Where did you watch it? Muhamad Mustakhim: At Taiping Prison.
Simon: You asked to see it, or were you directed to watch it? Muhamad Mustakhim: I asked to see it.
Simon: Why? Muhamad Mustakhim: Because it was six months ago, and I wanted to refresh my memory.
Simon started this line of questioning after examining Muhamad Mustakhim's notes, which outlined details of the events on Jan 17, following a 'discussion' with witnesses who gave testimony at the second session earlier this month.
Muhamad Mustakhim admitted he wrote the notes a few days ago – long after the incident, and after watching the CCTV footage.
Simon then requested the panel's chairman, Datuk Seri Mohd Hishamudin Md Yunus, to direct the Prison Department to instruct Taiping Prison not to show the footage to the other witnesses.
Mohd Hishamudin duly did so, but towards the end of the day, under questioning by T. Shashi Devan – who is representing some 99 detainees allegedly assaulted on Jan 17 – Muhamad Mustakhim admitted that all five witnesses scheduled to give testimony over the next three days had viewed the classified footage.
Shashi: Did you submit a written or oral request to view the footage? Muhamad Mustakhim: Oral.
Shashi: Who did you ask permission from? Muhamad Mustakhim: The prison's deputy director (Shahrul Izzat Hamid). He granted us permission to watch the footage.
Shashi: How many of you watched the footage? Muhamad Mustakhim: Five of us.
Shashi: Who are the five? Muhamad Mustakhim: The five called to give testimony this week.
Mohd Hishamudin then asked why the five wanted to watch the footage, and Muhamad Mustakhim repeated his earlier answer – to refresh their memory, as it had been six months since the incident.
On Jan 25, Twentytwo13 reported that Gan had died from abdominal injuries caused by blunt trauma during the Jan 17 incident. He was among 104 detainees who were transferred from the Batu Gajah Correctional Facility to the Taiping Prison on Jan 16.
Looks like me, but maybe it isn't me
Muhamad Mustakhim, who was caught on CCTV kicking inmates, hitting them with a slipper and a bath ladle, admitted to losing control and letting emotions get the better of him as he heard the inmates saying 'I kill you' and 'I will rape your wife and children'.
However, he had trouble identifying himself when shown footage of more serious acts of aggression when questioned by Suhakam's assisting inquiry officer, Mohd Faiz Abdul Rahman.
His standard reply was 'I can't be certain', 'the images are blurry', or 'the images are unclear.' He repeated these answers more than 10 times.
Mohd Hishamudin had to step in several times to remind Muhamad Mustakhim that he needed to tell the truth. He was also warned he could face a three-year jail term and a fine for providing false testimony.
Later, Simon showed Muhamad Mustakhim a screenshot of a close-up and asked if that was him.
Simon: This is quite a bright and clear image. Can you identify the person? Muhamad Mustakhim: It's unclear.
Simon: If I were to say it's you, would you agree? Muhamad Mustakhim: No.
Simon: Are you being honest when you say it's not you? Muhamad Mustakhim: My answer is that it's not me.
Mohd Hishamudin: Why do you say it is not you? It has your features. Muhamad Mustakhim: It may look like me, but it is not clear.
Simon then asked the representatives from the Prison Department if the image matched the witness, and they replied that it was a match.
Simon: Can I ask the lawyer for the inmates' families if the image looks like the witness? Shashi: Yes, it looks like the witness. Simon: Mr Chairman, I'm also of the opinion that the image is of the witness, and suggest it is him.
When asked if he agreed that he wasn't telling the truth – as other witnesses had placed him at the scene and those in the inquiry room had identified him as the person in the footage and screenshot – Muhamad Mustakhim replied: 'Not from my eyes. I see differently from other people's eyes. I have taken an oath to tell the truth. I deny being dishonest. It doesn't look like me.'
Simon: Do you wear spectacles? Muhamad Mustakhim: No.
Simon: Do you wear contact lenses? Muhamad Mustakhim: No.
Simon: Are you colour-blind? Muhamad Mustakhim: No, but sometimes I have problems with glare. So while the person may have my features, I can't say for certain it's me.
Showing another footage, Simon asked: Look at the uniform, the beret and the watch. Isn't that you? Muhamad Mustakhim: It isn't me. There is a ring.
Simon: Just now, you said the footage and pictures are not clear, but suddenly you notice a ring? I put it to you that you are choosing to answer questions that help your interests. I suggest the images are of (Muhamad) Mustakhim unless he can prove otherwise.
Suhakam's assisting inquiry officer, Mohd Faiz Abdul Rahman then resumed the questioning and once again asked Muhamad Mustakhim about him kicking and beating the inmates. He repeated the allegation that the prisoners were passive-aggressive, a phrase he said he recently learnt from Google.
'You can't hear it as there is no sound on the CCTV, but they were cursing, insulting and threatening us,' he said. 'That's how I lost control.'
When asked by Mohd Hishamudin how trained officers could fail to control their emotions, Muhamad Mustakhim replied: 'Different people have different triggers. Sometimes it's words; other times, it's physical. I remember the words.'
The inquiry at Suhakam's headquarters in Kuala Lumpur resumes tomorrow.
Main image: Datuk Seri Mohd Hishamudin Md Yunus (right) and fellow inquiry panel member Dr Farah Nini Dusuki.
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