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I, Datuk Haji Omar bin Mohammad Dan, I/C No. 0332691 at address JKR, Right Hand Officers Quarters, Kajang Prisons Complex, 43000 Kajang, Selangor, a person of legal age, verily affirm and state the following:

1. I am the Director-General of Prisons, Malaysia and the first respondent in this criminal application.

2. The Director of the Department of Investigation, Royal Malaysian Police through his letter no:JSJ KPN (PR) 39/6/7 dated August 13 1998 informed me of this investigation and this letter is attached as exhibit "OM1". After I examined the contents of the letter and weighed its contents carefully, I came to the conclusion that the case being investigated involves the security of the nation and as a result was satisfied that there was sufficient reason to support the need for the prisoner concerned to be held at the Bukit Aman Police Lock Up to enable the smooth and orderly conduct of investigations and with regards to the safety of the prisoner himself.

3. On August 13, 1998, in accordance with the powers given under Section 31 (1) (a) of the Prisons Act 1995, I gave a written order directing that the prisoner TMT 7039/98 Nallakaruppan a/l Solamalai I/C No: 461205-71-5045 who was at that date being held at the Sungai Buloh Prison Selangor present himself and be present at the Bukit Aman Police Lock Up beginning August 14 1998 to enable the police to conduct their investigation into the related cases and proceeded to order that the prisoner concerned be transported back to the Sungai Buloh Prison Selangor upon completion of the investigation. A copy of the order I issued has been attached as exhibit "OM2". Up till now, I have been informed that the investigation has not been concluded.

4. Referring to paragraph 21 of the affidavit of Nallakaruppan a/l Solamalai dated August 25 1998 in Kuala Lumpur, I deny that nothing concerning national security was given to me. I deny that the orders that I executed were not in accordance with the law, with malicious intent, ultra vires and mala fides. The orders I executed were done in the interest of the security of the nation.

5. Based on the declaration above, I, in all humility, apply that this application be rejected by this esteemed court in the interests of justice.

Sworn by the above mentioned

that is Datuk Haji Omar bin Mohamed Dan

in Kuala Lumpur on August 1998 at 11.30 am.

Director-General of Prisons,
Prison Headquarters Malaysia,
Bukit Wira, 43000,
Kajang, Selangor.

Forwarding Order Sec: 31

For TMT 7039/98 Nallakaruppan a/l Solamalai.

I have been ordered to bring to the attention of Y. Bhg. Datuk the above mentioned matter.

2. On 12/8/98 the High Court in Kuala Lumpur issued a warrant of arrest for the accused above to be detained at the Sungai Buloh Prison, Selangor. We request that the accused be detained at the Bukit Aman Police Lock Up for the reasons below:

2.1 The accused was arrested and his house searched with regards the book entitled "50 reasons why Anwar cannot be PM." The Police discovered the following items:

2.1.1 125 bullets of the FIOCCHI 6.35mm type

2.1.2 150 bullets of the .30 special type

2.1.3 96 bullets of the 12 bore type

2.1.3 a .38 Smith & Weston pistol

2.1.5 letters addressed to the Minister of Finance:-

(a) original, personal letters to YAB Dato Seri Anwar Ibrahim.

(i) an original letter from a public listed company exhibited on the Main Board of the Kuala Lumpur Stock Exchange.

(ii) an original letter from a public listed company which has applied to purchase shares listed on the main board of the Kuala Lumpur Stock Exchange.

(iii) the original personal letter handmwritten by a High Court Judge to Datuk Seri Anwar Ibrahim.

(iv) five original letters from public listed companies on the Kuala Lumpur Stock Exchange sent to the Finance Ministry applying for government projects.

(v) A classified letters from a Finance Ministry Officer to Datuk Seri Anwar Ibrahim.

2.1.6 Cash of various denominations was discovered in Pound Sterling, US Dollars, Sinagpore Dollars and Malaysian Ringgit amounting to some RM 2 million.

2.2 4 reports related to the book which is still under investigation.

2.3 For reasons of National Security as follows:

(a) investigations involving a national leader ie Datuk Seri Anwar Ibrahim and other national leaders.

(b) The accused is believed to have information that could expose an act of blackmail towards the said national leader for self interest or the interest of other parties. Therefore, national secrets may be threatened.

(c) For the safety of the accused where several witnesses in the case were threatened.

3. Therefore we apply for an order to be issued under section 31(1)(a) of the Prisons Act 1995, that the accused be held at the Bukit Aman Police Lock Up.

Thank You.

(Musa Hj Hassan

on behalf of Director Criminal Investigations Department

on behalf of Inspector-General of Police Royal Malaysian Police)

Prisons Act 1995

Act 537

Forwarding Order

(Section 31)

To,

Officer in charge, Sungai Buloh Prison, Selangor

All related Royal Malaysian Police Officers

THAT intern TMT 7039/98 Nallakaruppan a/l Solaimalai I/C no 461205-71-5045 is currently being held at the Sungai Buloh Prison, Selangor.

Hence, in executing powers given under Section 31 (1) (a) of the Prisons Act 1995, I order that the above named intern, commencing August 14, 1998, be allowed to remain at the Bukit Aman Police Lock Up under Police surveillance.

This forwarding order is issued solely for the purpose of enabling investigations to be carried out in relation to the case which involves national security.

This intern must be returned to the Sungai Buloh Prison, Selangor, as soon as investigations have been completed.

Signed on August 13 1998.

(Datuk Haji Omar bin Mohamed Dan

Director-General of Prisons Malaysia)

Source: The Star Friday 4 September 1998