Home Minister Ahmad Zahid Hamidi's letter to the Federal Bureau of Investigation (FBI) has been withdrawn from a Nevada District Court after Putrajaya objected to it being used for the defence of an alleged gambling kingpin.
In the Dec 18, 2014 letter, Zahid wrote to FBI deputy director Mark F Giuliano stating that alleged gambling kingpin Paul Phua Wen Seng was not a 14K triad member.
The minister also claimed Phua had assisted Malaysia on matters of "national security" and Malaysia was "eager" for his return to Malaysia.
Believing Phua to be a member of the 14K triad, US prosecutors had slapped him and his son, Phua Wait Kit, with illegal gambling charges.
The letter from Zahid was submitted to the Nevada District Court by Phua's legal team as part of his defence in an ongoing trial in Las Vegas.
In a separate letter to magistrate Peggy A Leen, Phua's legal team said they were withdrawing Zahid's letter after Putrajaya said its contents were not for public consumption.
"Earlier today, we submitted (in ECF No 386) a letter sent by the Malaysian home minister to the Federal Bureau of Investigation.
"The government subsequently contacted us, objecting to the introduction of the letter because the record is closed.
"In light of the government's objection, we respectfully withdraw our prior submission," states the letter sighted by Malaysiakini.
While the Home Ministry letter will not be used as court evidence, its content to the FBI stands, for there has been no retraction on this from the minister or government.
Source of objection not known
The letter, dated Dec 29, 2014, was signed by Phua's attorney David Z Chesnoff and by lawyers for his son, Thomas C Goldstein and Richard Schonfeld.
It did not specify whether the objection came from Zahid's ministry or other ministries in the government.
Last Saturday, veteran lawyer Muhammad Shafee Abdullah - who is acting for Phua in Malaysia - told a press conference that Zahid had only written the letter to the FBI at his law firm's request.
Shafee claimed Zahid had a legal duty to respond to such queries as long as it did not involve national security.
He also claimed an FBI report based on Malaysian police information that Phua is a member of the 14K triad is "wrong", maintaining the top poker player is innocent.
Shafee is a prominent lawyer for Umno who has courted controversy acting as public prosecutor in high profile cases such as the government's Sodomy II appeal against Opposition Leader Anwar Ibrahim.
The 14K triad is a transnational organised crime entity that has roots in Hong Kong and operations throughout this region.
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