A police observer from the Bukit Aman Legal and Prosecution Department, Nuzulan Din, said they apologised to the lawyers and panel members over the allegation.
“We withdraw the cut-and-paste allegation and we apologise to the panel and lawyers.
“But, we still maintain that the lawyers should have shown us all pictures as it can be misleading,” he said.
Police accused the lawyers of trying to confuse the panel by showing a picture that was a “cut and paste” work on November 3 while they were questioning Inspector Ali Asrar.
The lawyers had presented a photo of two masked policemen arresting a suspect without any insignia on their outfits.
Nuzulan said the photo is to mislead the witness.
“We went to the website (www.beritaharian.sg) the picture was different than the picture that was shown by the lawyers.
“There were pictures with police insignia.”
Nuzulan then asked the panel to strike out the photo and the witness testimony to be voided.
He said they want a retraction or they will take action over fabrication of evidence.
Koh family lawyer Jerald Gomez objected to Nuzulan, asking him to view the gallery of pictures on the website where they got the pictures from.
He said there were two photos on the website.
“Anyone who goes to website can identify that there are two pictures.
“The purpose was to ask the investigating officer whether police conduct operations using uniforms that don’t have insignia. Where is the deception in this?”
The lawyers then showed the panel the two pictures that was on the website.
Panel chairman Mah Weng Kwai then called on Nuzulan and the lawyers and explain that there were two pictures on the website and there were no cut and paste work.
He explained this to Nuzulan, who then said that they will withdraw their complaint.
However, Koh family lawyer Steven Thiru asked the panel to request that Nuzulan withdraw their allegations.
The panel then told the police observers and lawyers to discuss the matter in chambers.
After a 20-minute discussion, Mah said police observers had explained that the word “mengelirukan” (confused) was not meant as “misleading” but as “can be confusing”.
“It has been accepted and it puts an end to the issue of ‘misleading’.”
Koh family lawyer Gurdial Singh then said the confusion lies in the minds of the police.
The panel was supposed to hear the testimony of Selangor Criminal Investigation Department chief SAC Fadzil Ahmat today but because of time constraints, he was not called to the stand.
Suhakam commissioner Mah chairs the panel made up of Aishah Bidin and Dr Nik Salida Suhaila Nik Saleha, both also Suhakam commissioners.
The Suhakam inquiry is to determine if Koh’s disappearance and that of the other three Malaysians – Pastor Joshua Hilmy, his wife Ruth, and social activist Amri Che Mat – are cases of enforced disappearance, a term for abductions carried out with the authorisation or support of the state or a political organisation.