32. I met David and Richard at the mortuary. They had arranged the funeral at the Nirvana Memorial Centre and had a car and a hearse ready. I met with the two Malay lady pathologists who informed me they were the ones who conducted the post mortem on Kevin’s body with a Chinese man who said he was the Head of the Pathology Department. They told me to go ahead and claim the body but that the cause of death was as yet unknown. I refused to claim the body as I needed to know the cause of death.
33. Richard did not agree with me and wanted to leave with Kevin’s body immediately and proceeded to make a fuss. Inspector Zikri from the Sentul Police Station, who was at the mortuary, told Richard to calm down because he was getting mad that I wasn’t claiming the body. I then suspected something fishy was going on with Richard. David was there but he didn’t offer any objections to my refusal to claim the body.
34. Eventually we all left for the Nirvana Memorial Centre as the funeral arrangements had been set up there for the next few days. Kevin’s body remained in the mortuary at the Hospital Kuala Lumpur.
35. I had not seen Richard for about 14 years prior to seeing him at the mortuary that day. Neither had Kevin. I was therefore surprised that Richard was apparently behaving as if he was very close to Kevin and was portraying a very unusual concern to expedite the funeral and cremation of Kevin’s remains.
36. We eventually conducted funeral rights for Kevin and held Mass for him at a Church in Shah Alam. Many people paid their respects and the Solicitor General gave her eulogy.
37. Unfortunately the funeral was marred by the bad behaviour of Richard when he claimed that he was entitled to the money in the donation box. David tried to stop him taking it and a fight ensued between them in front of at least 100 people. I in fact had to break up the fight myself. This was witnessed by numerous people including the owner of the Nirvana Memorial Centre himself, Dato Freddy.
38. I was paid for the balance due for the funeral arrangements as both Richard and David were not in a financial position to do so. My cousin Jamie from London had already paid the initial bill.
39. After the funeral service, I began to investigate a report I had come across briefly, which had been posted by Clare Rewcastle-Brown (who is responsible for the Sarawak Report website). This report appeared on the 30th July 2015. Two draft criminal charge sheets had been attached to this report. After having looked at these draft charge sheets once again, I noticed that one of them was amended and initialled. After studying that particular draft charge sheet in detail, I noticed that the initial next to the amendment made was that of my brother, Kevin. I am familiar with his signature and his initials.
Annexed hereto as TAB-1 is a copy of the Draft Charge Sheet with Kevin’s initial.
40. I therefore contacted Clare Rewcastle by phone and enquired as to where she obtained these charge sheets. She informed me they had been sent to her via email, anonymously on the 29th July 2015. I asked her for that anonymous email and she obliged by forwarding the same to me.
Annexed hereto as TAB-2 is the email dated 29.07.2015 forwarded to me by Clare Rewcastle.
41. Upon closer scrutiny of that email, I noticed the senders email address as ‘email@example.com’. I have checked with this server to find out details of the owner of this address but this is blocked due to anonymity provided by the server as far as its users are concerned.
42. I am convinced by the circumstances narrated above that this email came from Kevin for 5 reasons:
i. The use of the name ‘jibby’ as this is the name of our old babysitter as explained above, and the details of the contents of the email in making reference to the removal of Gani Patail as the Attorney General two days prior to the date of this email.
ii. Kevin was working directly under the Attorney General at that time and would have been privy to the type of information as appear in the draft charge sheets.
iii. Kevin had told me he was working on matters connected to the Prime Minister.
iv. Another special task force personnel from the Attorney General’s chambers, one Jessica Gurmeet Kaur, who was apparently also working on various financial scandals with Kevin at the same time, was arrested on the 31st July 2015. Kevin had mentioned he was working with her during some of the phone calls he made to me but that her portfolio was in respect of corruption charges being investigated against Rosmah Mansor.
v. Kevin’s initials next to the amendment made on the charge sheet.
43. Clare Rewcastle informed me that she had received further emails from ‘jibby@ anonymousspeech.com’ subsequent to the 29th July 2015 but that she had trouble locating them due to a server crash which has prevented access. However, she recalls that some of the subsequent emails read as follows:
“I had been in Britain for a long time and I know how things work there”
“Clare I will try my best to get the documents out of the country. We have another meeting tomorrow. Police aggressive in finding sources of leak….”
44. Clare also told me that in other emails received, she recalled the sender used words such as “No shit Sherlock” and “Blardy”. These were words Kevin used all the time.
45. In view of the suspicious circumstances surrounding the abduction of Kevin, I felt it imperative that a second post mortem be conducted on his body.
46. I therefore instructed my lawyer, Americk Sidhu, to write to all concerned parties informing them of my wish and that in the interim, Kevin’s body was to be preserved at the Hospital Kuala Lumpur mortuary.
47. I was present at the Kuala Lumpur Magistrates Court on the 28th September 2015 when the charges against the persons accused of murdering Kevin were read out. Present at Court were Manoj Kurup for the prosecution with Dato Abdul Razak. My lawyer Americk Sidhu appeared as my watching brief. I was present when Americk Sidhu asked Manoj Kurup whether the Attorney General’s Chambers would have any objections to a second post mortem being carried out on Kevin’s body. Manoj Kurup confirmed they would have no objections.
48. My lawyer then followed up with a letter to the AG’s Chambers on the 7th October 2015, confirming this.
Annexed hereto as TAB-3 is a copy of a letter written by my lawyers to the AG’s Department dated 07.10.2015.
49. On the 15th October 2015, my lawyers sent a letter to the Head of the Department of Pathology, Hospital Kuala Lumpur asking for the post mortem report and asking for consent to conduct a second post mortem on Kevin’s remains. In the interim, an assurance was sought that Kevin’s body would be preserved and kept in the mortuary.
Annexed hereto as TAB-4 is a copy of my lawyer’s letter to the Head of the Pathology Department HKL dated 15.10.2015.
50. My lawyers received a reply to this letter on the 19th October 2015 asking that we make this specific request to the ‘Dato Pengarah Hospital Kuala Lumpur’ instead, which my lawyers did on the 21st October 2015. No response has been received to date.
Annexed hereto as TAB-5 is the letter from the Jabatan Patologi HKL dated 19.10.2015 and my lawyers reply dated 21.10.2015
51. In the meantime, Richard had intimated he was intending to claim Kevin’s body and cremate it. It was for this reason I instructed my lawyers to write to Richard’s lawyers giving them notice that their client was not to claim the body pending the completion of a second autopsy. No response to this letter has been received to date.
Annexed hereto as TAB-6 is my lawyer’s letter to Messrs Aru & Co dated 09.11.2015
52. I was then informed by the police (Inspector Zikri), that I was to attend the Sentul Police Station at 10.00 a.m. on the 12th November 2015, on my own and without my lawyer, for a meeting. I informed my lawyer, Americk Sidhu who suggested he accompany me, which he did.
53. Present at this meeting were myself, my lawyer, Americk Sidhu, Richard, his lawyers Dato Arumugam and Datin Freda Gonzales, David and his lawyer Sabry Kassim, Dato Abdul Razak, Q.E. Chan, Muhammad Izzat Faudan and Ishak from the Attorney General’s Chambers, Dr. Ahmad Hafzam Hasni and Dr. Nurliza bte Abdullah from the Pathology Department of the Hospital Kuala Lumpur and ASP Wan Abdullah Wan Said and Inspector Zikri from the Sentul Police Station.
54. Dr. Nurliza proceeded to inform all parties present that the results of the post-mortem conducted by herself and Dr. Ahmad Harizat on the 16th September 2015 had confirmed that the “Probable” cause of death was due to “asphyxiation (suffocation)” and that:
i. The post mortem report had not been released pending receipt of the DNA results, the toxicology report and the histopathology report.
ii. That the body was in a moderate stage of decomposition.
iii. That the time of death had not been ascertained.
55. Dr. Nurliza proceeded to explain that the detailed post mortem report could not be divulged as there was a case pending trial at the High Court. When my lawyer requested a copy of the death certificate, Dr. Nurliza said this could not be issued without a burial permit and the only way to get a burial permit was to claim the body.
56. My lawyer then asked Dr. Nurliza whether it would be alright to keep Kevin’s body in the HKL mortuary pending a second post mortem but she replied that it was a Standard Operating Procedure of the Hospital that unless a body was claimed in 2 weeks, it would be disposed of, which I found to be rather strange.
57. I got the impression Dr. Nurliza was pressuring us in removing Kevin’s body from the HKL mortuary. She was very adamant.