Ahmad Sarbani Mohamed
Encyclopedia
Ahmad Sarbani Mohamed was a Malaysian customs officer from Port Klang
Port Klang
Port Klang is a town and the main gateway by sea into Malaysia. Colonially known as Port Swettenham, it is also the location of the largest and busiest port in the country. As such, its economic progress has been greatly influenced by the port activities in its area...

. On 6 April 2011, he was found dead in an open air badminton court on the first floor of the Malaysian Anti-Corruption Commission
Malaysian Anti-Corruption Commission
The Malaysian Anti-Corruption Commission ' ) is a government agency in Malaysia that investigates and prosecutes corruption in the public and private sectors...

 (MACC) building in Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...

. His death coincided with the MACC's investigation into allegations of corruption in the Royal Malaysian Customs. The MACC insists that Ahmad Sarbani was not murdered, nor did he commit suicide, but rather fell to his death trying to escape from the building. In September 2011, the coroner's court ruled the death an accident.

Ahmad Sarbani's death came nearly two years after the death of Teoh Beng Hock
Teoh Beng Hock
Teoh Beng Hock was a Malaysian journalist and political aide to Ean Yong Hian Wah, a member of the Selangor state legislative assembly and state executive council. On 15 July 2009, the Malaysian Anti-Corruption Commission took Teoh into custody for questioning about allegations of corruption...

 in the custody of the MACC. A royal commission of inquiry ruled Teoh's death as suicide resulting from abusive behaviour by MACC officers, a verdict which was rejected by the victim's family.

Ahmad Sarbani Mohamed

Ahmad Sarbani Mohamed was the Selangor Customs assistant director. He was attached to the Port Klang
Port Klang
Port Klang is a town and the main gateway by sea into Malaysia. Colonially known as Port Swettenham, it is also the location of the largest and busiest port in the country. As such, its economic progress has been greatly influenced by the port activities in its area...

 Customs office. At the time of his death, Ahmad Sarbani was 56 years old. He is survived by his parents, Mohamed Itam and Aishah, his wife, Maziah Manap, and five children.

Events leading to death

On 29 March 2011, the MACC announced that it had uncovered a syndicate involved in tax evasion
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...

, money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...

 and illegal money outflows worth RM108 billion. The figure was later revised to RM2.2 billion. A special task force comprising the MACC, the Inland Revenue Board, the Customs Department and Bank Negara Malaysia
Bank Negara Malaysia
Bank Negara Malaysia is the Malaysian central bank. Established on January 26, 1959 as the Bank Negara Malaya, its main purpose was to issue currency, act as banker and adviser to the Government of Malaysia and regulate the country's credit situation...

 raided over 100 premises, including 25 Royal Malaysian Customs offices, in "Operation 3B."

Ahmad Sarbani was among 62 customs officers who were detained relation to the investigation. He was first detained on 1 April 2011. He was then picked up again by the MACC for questioning on 4 April. During this round of questioning, he confessed to accepting between RM50 and RM100 a month from Schenker Logistics officer Wan Zainal Abidin Wan Zaki and between RM30 and RM200 a month from a Top Mark Freight & Shipping officer called Ah Seng. After giving his statement, Sarbani was released on bail.

He returned to the MACC building on Jalan Cochrane, Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...

 at 8:26am on 6 April, apparently to change a statement he had previously given. The MACC maintains he had gone on his own accord without prior appointment. According to MACC accounts, Ahmad Sarbani was brought into a room on the third floor by an officer and disappeared a few minutes after 10:15am. He was then found dead in the open air badminton court on the first floor at 10:20am.

Police classified the case as sudden death. They later confirmed that Sarbani died from head injuries suffered during a fall from a building.

Aftermath

In a press conference after the news emerged, MACC director of investigations Mustafar Ali said Ahmad Sarbani went to the MACC building without prior appointment. Two MACC investigating officers who met Ahmad Sarbani were suspended on 8 April. The MACC also announced that all business with accused persons, suspects, witnesses and complainants would be conducted only on the ground floor with heightened supervision.

None of the Customs officers initially held under the tax evasion and money laundering allegations have been charged.

Ahmad Sarbani's family laywers denied allegations that he was involved in money laundering and refuted suggestions that he committed suicide.

Inquest

On 2 June 2011, Attorney-General Abdul Gani Patail
Abdul Gani Patail
Tan Sri Abdul Gani bin Patail is a Malaysian prosecutor. He is the current Attorney General of Malaysia.Abdul Gani was the lead prosecutor in former Deputy Prime Minister Anwar Ibrahim's sodomy trial of 1998.-Background:...

 agreed to hold an inquest into Ahmad Sarbani's death. The inquest was held from 4 to 15 July 2011 at the magistrate's court in Kuala Lumpur and continued on 2 August.

Family
Sarbani's wife, Maziah, told the court that her husband was "very calm, patient and rational" and would "never" have committed suicide.

Schenker Logistics
Schenker Logistics senior executive Wan Zainal Abidin Wan Zaki denied that Sarbani ever took bribes from his company. Zainal Abidin said Sarbani called him at 8:55pm on 4 April to tell him that his name was mentioned by Sarbani when questioned by the MACC. He also told the court he felt Sarbani was being pressured. Zainal Abidin last spoke to Sarbani at 9:55pm on 5 April to ask how he was.

Customs officers
Customs officer Abdul Rahim Abdul Kadir, who among those arrested in the MACC crackdown on tax evasion and money laundering, told the court that he was beaten and forced to confess to accepting bribes by the MACC. He said he lodged a police report on the incident then retracted it out of fear. Another Customs officer, Mohd Khairul Hisyam Mohd Gazali, said Sarbani told him on 2 April that he was pressured by the MACC to confess that he had accepted bribes but refused to give in.

Three of Sarbani's colleagues testified that Sarbani was calm and patient man with "high integrity."

MACC
Investigating officer Abdul Ghani Ali testified that he was under orders from KL MACC investigation unit head Mohd Fauzi Husin not to allow Sarbani to change his statement on 6 April. He said he ordered Sarbani to wait in the MACC office before Sarbani was found dead. Ghani also said: "Throughout my career, I think no one has confessed like this before. I’ve never met a suspect who confessed."

Assistant superintendent Mohd Rosly Mohd Saup testified that Sarbani denied accepting bribes from a Top Mark officer on 2 April.

Assistant superintendent Sheikh Niza Khairy Sheikh Mohamad said Sarbani confessed to him on 4 April to receiving "goodwill payments" and that Sarbani went to the MACC office two days later to change his statement.

Forensics
DSP Sharul Othman Mansor from the Bukit Aman Forensic Division said Sarbani fell 10 m to his death.

Forensic investigator DSP Sharul Othman Mansor told the court that Sarbani's death was neither suicide nor murder. He instead claimed that Sarbani tried to jump over the roof of the badminton court, but missed and fell to his death. Sharul added that there were no signs of a struggle and that an optical illusion made the roof appear near to the corner of the window.

Forensic pathologist Faridah Mohd Noor, who performed the autopsy, said the death was "accidental" based on "the injuries and circumstantial evidence."

Verdict

On 26 September 2011, the coroner's court ruled Sarbani's death an accident. Coroner Aizatul Akmal Maharani said the fear of being arrested must have preyed heavily on Ahmad Sarbani’s mind so as to make him consider the window exit. Aizatul also remarked that the MACC officer tasked to look after Sarbani on 6 April had been "negligent."

Malaysia Today allegations

Prominent blogger Raja Petra Kamaruddin alleged on his Malaysia Today
Malaysia Today
Malaysia Today is a popular Malaysian news blog. It is known for being critical of both the governing Barisan Nasional coalition and opposition parties such as the Democratic Action Party and Parti Keadilan Rakyat. Its founder and chief editor is Raja Petra Kamarudin, a former political detainee...

blog that Sarbani fell accidentally from the third-floor pantry window of the MACC building after being forced onto the ledge by a senior MACC officer. He claimed the MACC then went through great lengths, including "concoct[ing] the most plausible story" and wiping CCTV footage, to cover up the incident. Raja Petra also posted what appeared to be Sarbani's cautioned statement denying that he had ever received "additional profit" as a Customs officer.

Sarbani's family lawyer Awtar Singh said Raja Petra's allegations were "plausible [ada asasnya]."

The MACC's lawyer called the allegations "nonsense."
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