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Why panel concluded Project IC likely exists
Published on: Thursday, December 18, 2014
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KOTA KINABALU: The Commission of Enquiry on Illegal Immigrants in Sabah notes that the term "Project IC" was consistently raised by witnesses ranging from politicians to writers to ordinary members of the public throughout the course of the proceedings.It noted Upko's view that it was sort of a government sanctioned effort to make illegal immigrants Malaysian citizens so as to ensure political power. And that this was achieved through using statutory declarations to issue Malaysian ICs and other documents to illegal immigrants. Some associated the term with "Project Mahathir" after the former Prime Minister, Tun Dr Mahathir Mohamad.

"Project IC" was also mentioned in several court cases and was even the subject of an inquiry by a Parliamentary Select Committee on National Integrity in 2006.

In its ordinary meaning, thus, it referred to a process of incorporation of illegal immigrants through dubious documentations, thereby facilitating their access to become registered voters and, thus, the possibility of determining political outcomes in Sabah.

But the Commission went no further to say whether Project IC was fiction or fact.

It noted Datuk Seri Yong Teck Lee, a former Chief Minister, took the view that "Project IC" or "Project Mahathir" was a misnomer. He felt it would be difficult, if not impossible, to defend the public perception that Malaysian Ics and other documents had been obtained by or issued to illegal immigrants under the said Project for political purposes.

In the PBS contention presented by Tan Sri Joseph Pairin Kitingan, attention was drawn to the unchallenged evidence of one Hassnar Ebrahim who testified both in the Likas Election petition case as well as before the Parliamentary Select Committee on National Integrity that there existed a clandestine scheme known as "Project IC" and of his personal involvement in it.

Hassnar, in fact, was among those who gave evidence before the RCI and even testified on the modus operandi involved.

According to Hassnar, when he was appointed Sandakan District Chief, he was asked to sign HNR10 forms issued by NRD. These HNR10 forms had to be filled by the applicants, then signed by the Ketua Kampung and then endorsed by the District Chief and thereafter certified by the District Officer.

These HNR10 forms would be used by the applicants to apply for Malaysian Ics. He states that as District Chief, he signed or endorsed many such HNR10 forms and that there were other District Chiefs appointed for the same purpose.

He spoke of secret meetings held by the late Tan Sri Megat Junid, the then Deputy Home Minister on the issuance of blue Ics to illegal immigrants for political purposes.

In a Daily Express report in 2007, Hassnar disclosed how he issued thousands of Malaysian Ics to non-citizens.

It was also reported that he had refused the requests from the police to have his statement recorded about the matter as he was prepared to be arrested and charged so that he could, according to him, disclose everything publicly in court.

In reply to the Press when asked whether he should cooperate with the police in getting to the bottom of the matter, he was reported to have said:

"The police do not have to interview me because everything has already been published and they can investigate these including what I had already disclosed in the court of law under oath. The evidence is all there."

This reference to the court of law concerned the Likas Election Petition case dealt with by Justice Datuk Muhamad Kamil bin Awang, in which Hassnar was among the witnesses.

He described his active and personal involvement in issuing Malaysian Ics and other documents to non-citizens under "Project IC."

The panel also noted the response of the then Sabah Police Commissioner, Datuk Mohd Mokhtar Hassan, who accused Hassnar of non-cooperation and that the police could not merely rely on books and news reports in their investigations.

This the panel found to be ironic given the subsequent statement by the Inspector General of Police (IGP) that the police could compel the attendance of any witness to assist them in their investigations under Section 111s of the Criminal Procedure Code (CPC).

The panel felt Hassnar had been quite consistent in his evidence, as reflected in his testimony in the Likas Election Petition case in 1999; the Parliamentary Select Committee on National Integrity in 2006 and now before the RCI, in addition to divulging his involvement to the Daily Express.

His evidence was similar to that of a number of witnesses, especially officers from the NRD, Sabah. They were Haji Ramli Kamaruddin, Ali bin Sidup, Yakop bin Damsah and Datuk Rauf Sani.

Haji Ramli Kamaruddin was the Director of the National Registration Department (NRD), Sabah, from 1992 to 1995. He was arrested and detained under the ISA for two years from 1995-1997. He was detained for alleged involvement in illegally issuing high quality Malaysian Ics to immigrants for political purposes.

According to him, he was assigned to identify Muslim voters. He said two weeks before the 1993 State Elections in Sabah, he met with Megat Junid, the then Deputy Home Minister accompanied by one Asli bin Sidup, a colleague of his in the NRD.

He said they were instructed to issue JPN receipts such as JPN1/9 and JPN1/11 to illegal immigrants so that they could be entered into the electoral rolls in certain so-called black or grey areas in Sabah.

They would be coached on how to vote, etc. The receipt were apparently issued just for the purpose of voting and they had to be surrendered back after the holders had voted.

He also said he received instructions from his superiors to issue Malaysian Ics with duplicate numbers to illegal immigrants so that they could vote at elections.

Secondly, there was Kee Dzulkifli bin Kee Abdul Jalil, a registration clerk attached to the NRD, Kota Kinabalu in 1994.

He was detained under the ISA in 1995 for being involved in illegally issuing Malaysian Ics to non-citizens under instructions from his superior officers.

According to him, there existed a clandestine unit headed by the then Director of NRD, Datuk Abdul Rauf Sani, and that he was a member of this unit.

He claimed he was assigned to enter details appearing in the application forms into the Ics before there were sent to Kuala Lumpur Headquarters for lamination; that he was also concerned in seeing the names in the Ics registered in the electoral rolls.

He says there were more than 600,000 such Ics being issued at the time; that he did so on the instructions of his superiors.

In his written statement, he said there were 200,000 birth certificates issued illegally to Muslim immigrants from the Philippines and Indonesia.

Third, Asli bin Sidup who was an Assistant Registration Officer attached to the NRD, Sabah, from 1986 to 1996.

Sometime in 1996, he was arrested and detained under the ISA for involvement in a clandestine exercise relating to the illegal issuance of Malaysian Ics to immigrants for political purposes.

He described in some detail his personal role in the said exercise i.e. that was instructed to go to Kuala Lumpur from Sabah; that while he was in Kuala Lumpur, he was brought to a government residence at Kampung Pandan; that he was then instructed or assigned to sign Ics; that thereafter these signed ICs were sent to the NRD Headquarters at Petaling Jaya to be laminated, after which they were brought back to Sabah for collection by the intended holders.

Asli also admitted to having issued receipts such as JPN1/9 and JPN1/11 to non-citizens for the purpose of enabling them to vote at elections. He said the whole exercise was on the orders of late Megat Junid who he met at the Hyatt Kota Kinabalu, with his Director, Ramli Kamaruddin.

Fourth, Yakop bin Damsah was the head of NRD, Tamparuli, Sabah, who was attached to NRD from 1972 to 1996.

He was arrested and detained under the ISA in 1996 for the alleged involvement illegally issuing Malaysian ICs, etc, to immigrants under instructions from his superiors, namely Datuk Rauf Sani, the Director of NRD, Sabah.

Fifth, was Datuk Abdul Rauf Sani, the Director of NRD, Sabah, from 1990 to 1992.

In 1996, he was arrested and detained under the ISA for alleged involvement in illegally issuing Malaysian Ics, etc, to immigrants from the Philippines, Indonesia and Pakistan.

He admitted giving instructions to his officers such as Asli bin Sidup and Yakop bin Damsah to carry out special tasks in Kuala Lumpur relating to processing Malaysian Ics, etc, to be issued to illegal immigrants or non-citizens so that they could be registered as voters in the electoral rolls.

According to him, the whole exercise was to defeat the PBS State Government at that time.

It was based on the evidence of these key witnesses that the panel concluded there was clearly a clandestine exercise involving senior officers in NRD, Sabah, who apparently acted under orders from their political superiors, in pursuit of a political agenda.

The names mentioned by them included Tan Sri Harris Salleh, a former Chief Minister; Tan Sri Aziz Shamsuddin, the former Political Secretary of then Prime Minister of Malaysia, Tun Dr Mahathir late Tan Sri Megat Junid, then Deputy Home Affairs Minister.

All, except for Megat Junid, who has since died, have denied vigorously any involvement in the so-called "Project IC."

The panel concluded that from the evidence, it seems clear that there are two sides to the issue of whether the so-called "Project IC" really existed.

In this connection, it said the evidence of the following witnesses may be relevant, namely, Datuk Hj. Ibrahim bin Hj. Zakaria, DSP Badaruddin bin Ismail and Supt. Ahmad Fauzan bin Mohd.

Datuk Hj. Ibrahim bin Hj. Zakaria is the Head of Special Branch, Sarawak. He has testified that in 1996, he was assigned to interrogate Rauf Sani, the then Director of NRD, Sabah, and to prepare a report accordingly. He was then an Inspector.

According to him, the interrogation of Rauf disclosed that he was involved in activities relating to the illegal issuance of Malaysian Ics, etc, to immigrants.

He was involved with accomplices from his own department. He states that his interrogation revealed that the activities committed by Rauf Sani and his accomplices were purely for financial gain and nothing else.

His evidence is similar to that of another DSP Badaruddin bin Ismail who was assigned to interrogate another Director of NRD, Sabah, Ramli Kamaruddin, on matters relating to the issuance of Malaysian Ics to illegal immigrants was also then an Inspector.

From his interrogation, he was able to ascertain that the illegal activities were solely for monetary benefit.

Then there is the evidence of Sup Ahmad Fauzan bin Mohd who was, at the material time, assigned to assess intelligence reports submitted to him by the interrogation officers relating to the alleged activities committed by suspects concerning issuance of Malaysian Ics, etc.

His objective was to determine, on the basis of the intelligence reports submitted to hin whether the activities constituted threats to national security.

According to him, his assessment of the reports disclosed that the sole motive of those activities was for financial gain and that as such, the said activities constituted threats to national security.

In the panel's view from the testimonies of the three, their interrogations and / or assessments of the suspects did not go beyond determining the financial motive involved.

They were apparently satisfied solely on the basis that the said activities were conducted for financial or monetary gain.

They took the view that would be sufficient to constitute threats to national security and, therefore, be subjected to arrest and detention under the ISA. They did not seem to find it necessary to go beyond the financial motive and to determine whether there were other motives involved.

And even if they did, it is doubtful whether the suspects mentioned above would have revealed their clandestine involvement given its secretive nature and intentions as well as the personalities involved.

The panel established evidence that in the 1990s, the population growth in Sabah rose by 78pc which would have been the highest increase since Sabah become part of Malaysia, which may be regarded as confirmation of the stand taken by some witnesses as to why there was such a large influx of illegal immigrants to Sabah at that time.

That was the period when the evidence disclosed that there were significant numbers of illegal immigrants being issued with Malaysian Ics by way of statutory declarations for political purposes.

The panel took the view that although there was some credibility in the evidence of the five witnesses in question, none were subjected to cross-examination, as would have been the case in a trial.

Hence, the conclusion that it was more likely than not, that "Project IC" did exist.





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