By Chelsea Ng & Eddie Chua, The STAR. 

PETALING JAYA: One of the policemen charged with the murder of Mongolian beauty Altantuya Shaariibuu wants the Attorney-General to release to him all documents that are in his Chambers’ possession that could contradict the prosecution’s case. 

The Shah Alam High Court will hear Koperal Sirul Azhar Umar’s application tomorrow. 

Lawyer Kamarul Hisham Kamaruddin, who appeared for Kpl Sirul, filed the papers last Friday and served them on the A-G’s Chambers yesterday. 

He said his client was also seeking all expert reports and statements recorded from all the potential witnesses in the case. 

Kamarul Hisham, however, dispelled rumours that the main trial scheduled for June 4 would be put off. 

Lawyer Ram Karpal Singh, who is holding a watching brief for Altantuya’s family, said the victim’s father and cousin sister, who have been listed as witnesses, would be flown in next week along with some Mongolian government officials. 

A Mongolian Foreign Affairs Ministry spokesman said the representatives from the Mongolian Justice and Internal Affairs Ministry as well as the Foreign Affairs Ministry would be here next month to monitor the trial, which involves prominent political analyst Abdul Razak Baginda. 

The spokesman said they were particularly interested to see how the trial would be conducted in the interest of the Mongolian public. 

Sources from the prosecution side said the witnesses would be flown in a few days before the trial, which is scheduled for one month. They said there had not been any request for postponement by any party. 

Zulkifli Noordin, who acted for the first accused Cif Insp Azilah Hadri, could not be reached for comment. 

Updated.

Meanwhile,   Abdul Razak Baginda also wants access to all the witnesses’ statements in the Altantuya Shaariibuu murder trial.  (STAR, Chelsea LY NG & Cecil Fung).

The 47-year-old political analyst, who is facing a murder abetment charge, informed the court through his counsel Wong Kian Kheong yesterday that he supported the application made by murder accused Kpl Sirul Azhar Umar. 

High Court Justice Mohd Zaki Md Yasin will decide on Tuesday whether to allow them access to all the statements

Such documents, he said, would include records of prosecution witnesses’ previous convictions and details relating to whether any of the prosecution witnesses had asked for rewards as an incentive to testify. 

It is not known whether the other accused, Chief Insp Azilah Hadri, supported the application because he and his counsel Zulkifli Noordin were absent.  

At the outset of yesterday’s proceedings, DPP Salehuddin Saidin told the court that he had handed over to the defence some of the documents sought by them such as the post-mortem, chemist, ballistic, dental, radiologist and DNA reports. 

The senior prosecutor, however, denied that his team had any knowledge of prosecution witnesses asking for rewards. 

Kamarul Hisham mentioned that the defence was still waiting for other documents such as photographs as well as transcribed SMSes and telephone conversations of each accused. 

He argued that since his client’s interest was at stake, Kpl Sirul Azhar should be given access to the witnesses’ statements to prepare his defence. 

Wong said the access should be given in the interest of justice and transparency. 

Salehuddin argued that the defence’s request was unprecedented. 

“I am sure if the witnesses’ statements are given to the defence, no one will dare to come forward and offer to give evidence. 

“The application ought to be dismissed,” he said, adding that the law currently already outlined what information the defence should get before the commencement of a trial. 

He cautioned the court that there might also be the danger of witness tampering. 

 

Kamarul Hisham said that if his application was not successful, he said he would seek an appeal but would not ask for a stay of proceedings.  

Rumours had been circulating that the case would face a postponement. It is scheduled to start on June 4 and go on for a month. 

Even the presiding judge Justice Mohd Zaki Md Yasin appeared concerned with the timing of Kamarul Hisham’s application when he remarked that it should have been filed earlier. 

The judge had even postponed two other part-heard cases just to hear submissions from the parties on the application yesterday. 

Another lawyer, Kitson Foong, has joined Kpl Sirul Azhar’s defence team.

19 responses »

  1. monsterball says:

    How on earth an accused request to want this or tat back be entertained by law baffles me…but I am not a lawyer….what do I know.
    All these months,…he keeps quiet..then real case about to start..out comes something like that….that may give the accused..a chance to postpone the case?
    Although one said no such thing…in Malaysia…we did surprise the whole world by jailing Anwar with fabricated evidences…..why …nothing is impossible with Malaysian that can swing like a pendulum…never constant…but law is constant and clear.

  2. Winston says:

    Undoubtedly, the reputation of Malaysia for fouling up high profile cases has even reached the remote regions like Mongolia. What a reputation!
    The Mongolian government has consistently shown how much it cared for its citizens; it’s going all out to ensure justice.
    That unremitting desire for justice and fair play is something that Bolehland should emulate!

  3. kittykat46 says:

    It is standard court process in many US states that prosecution has to make available to the defense any evidence they may have uncovered which is not in line with the supposed guilt of the accused. Failure to do so can have major impact on the case on appeal and also the professional future of the prosecution lawyers.

    This arose because there have been people convicted on what looked like a very strong case, only later it was discovered that the prosecution was all the time sitting on evidence which would have shown the accused to be innocent.

    There is no such law in Malaysia, but the defence can request for such evidence if it knows it exists.
    Sukma Darmawan’s conviction was overturned on appeal after it was found that the prosecution had suppressed vital evidence showing his innocence. Unfortunately nobody has been held responsible for this deliberate act of injustice in Malaysia.

  4. Philip Lau says:

    Kamarul, the solicitor for the 2nd constable Defendant’s application will im my humble opinion not be granted totally. But if he is fortunate, the Court may give him certain statements made by the the certain parties.

    It is not the practise of the Court to grant him what he is asking for ALL those evidence undser an circumstances. The Court should not do that and of course the prosecution will object to their request. Both the Criminal Procedure Code and past precedents in the Malayan Law Jounal will be able to assist the Court. The Respective solicitors should know what to do.

    Did the Counsel for the Chief Inspector, being the 1st Defendant make such an application. It appears he did not do so, as do the solicitors for Abdul Razak Baginder. Even if they did make such an application, I am positive they will be objected by His Lordship.

    What I fear, this may be a delaying tactics employed by the solicitor Kamarul. In the event his application is not allowed or partially, the tactics of Court lawyers is that they will appeal against the decision of the Judge in Chambers to the Court of Appeal. In that case the hearing fixed on Monday, 4th June 2007 will have to be adjourned. Again, if the hearing in the Court of Appeal dismissed Kamarul’s application with the consent he can still appeal to the Federal Court of Appeal. This permission will be unlikely be granted. In my humble opinion I believe the trial will be still on 4th June 2007 in the circumstances.

    This case I am sure the Malaysian Government knows too well is of great international importance. The Mongolian Government from their knowledge fears the trial will be a political one as the Third Defendant is the Kaki of the present Deputy Prime Minister who will be the next Prime Minister.

    With this in mind they are directing several Government department representatives to be present at the trial. In view of their legitimate fear there will not be justice in view of possible political influence, citing Anwar’s case as an example (former Deputy Prime Minister of the Malaysian Government) if I were in their shoes I would request some international jurists to be present and others to be present at the hearing. Imagine the Anwar, the Deputy Prime Minister, was beaten in Prison, of all person, by the Inspector General of the Malaysian Police Force, Rahim Noor, causing Anwar’s serious injuries as Anwar at that time was BLIND FOLDED. It was sad that Anwar’s case heard before the Kangaroo Court known through out the world as published.

    It will be totally unfair to say now until such time the hearing commences. The international lawyers present will know whether it is a KANGAROO COURT or not. We pray it is not so.

    We we hope justice prevails.

  5. wits0 says:

    Right. Is the accuse seeking an unfair advantage as the bottom line amid the legal mumbo jumbo? The timing is strange too.

    Of course he won’t say that he’s in fact(naturally) concern with any evidence that jeopardizes his own defense. Sounds like fudge.

    The prosecutor is expected to hit hard as required by the law and his own concern is expected to be centered on his own alibi as a defense.

    Are we not living in strangely topsy turvy Bolehland?

  6. monsterball says:

    But with all sincerity…I think Pak Lah will not allow the it to b e a kangaroo court… like we used to see under Mahathir’s time.
    I think the trial will be on as scheduled.
    He is now riding very high with all good feelings…why should he allow such things to go bust?
    But if you go to MT and read RPK’s fantastic analyses……you will think Malaysia is heading towards a war of their own soon.

  7. jeancumlately says:

    Monty… can’t believe that you still have even a shred of faith in pak lah… geez…

    But again, may be he would not allow a kangaroo court. But who cares about what he thinks (he did that?). If you mention c4 to him, he would think that its his grade for statistics (he passed the subject?).

    He is riding high with all good feelings?…. gee monty, you just got a pay raise ka? Its for government servant lar and congratulations, you get to pay for it. Income tax sudah bayar?

    May be he is not even the major player. But if this is a drama, I don’t mind if he want to play Altantuya…

  8. monsterball says:

    jeancumlately!! You never answer… was that you…I saw last Saturday?
    What do you want to to say…always against him all the time..like an anti..no matter what? Sorry…that’s not me.
    But let me tell you this…the more he is doing right….the more voters must think twice..voting for BN.
    They do have an very unreliable track record to be trusted.
    While I rejoice for the poor and hungry for thier goodies…I will defintely vote or any opposition…for change or reduce their majorities ..to be less hypocritical and arragont.
    See jeancumlately…your idea of democracy is different from mine.

  9. jeancumlately says:

    Hmmm… monty. I was there alright but I have no choice but to keep my distance. Describe what u saw and I’ll confirm.

    I do hate this guy la monty… like I said, i supported him when he became a pm but now, I hate myself for that. May be he is sincere but if you combine the prime ministership with arrogance, ignorance, stupidity and kj…

    Don’t tell me that I should feel good, please….

  10. monsterball says:

    And he will be real smart not to allow court to postpone case…even worst if he does… for UMNO !
    You see jeancumlately…..goodies are given out..do you and me benefit anything?…NOTHING!
    But look at a big big picture..small eating stalls will benefit..pasar malam sellers will benefit…even airlines and hotels all over Malaysia may benefit.
    So rejoice lah…money must go round and round.
    But alas…only ONE from the whole of UMNO….bad sign for Pak Lah.
    Sack few….including Samy….then whole country WILL VOTE FOR BN!! No need to spend millions to buy votes…this or that…just do that…declare election date…sit back….and see how votes will react. You see he dare not do that…no UMNO PM dare to fo that..
    But if he does that…his children may also go to jail…hahahahaha
    Now you know why UMNO ministers are such nice guys and gals??

  11. monsterball says:

    Tall…ponytail tie up….slim …but walking pass me proudly…wanting me to shout ”Hi is that you…. jeancumlately? No my style lah.

  12. monsterball says:

    Learn to have a generous heart jeancumlately……to forgive and forget…if needed to be done for the sake of other’s happiness.

  13. jeancumlately says:

    I am generous, monty. Ask my staff lah…

    Wrong girl la monty… all is correct except the ponytail. And I don walk proudly…

    The pay raise is good and I am not against it. For most, its for survival and not luxury. I hate it when it was used to buy votes.

  14. monsterball says:

    jean….How do you know it is for buying vote? Not one opposition party have sad that.
    Make sure you vote for better strong opposition…that’s what matters..and like I said…the poor and poorest are benefitting ..so lets rejoice for them.
    Enough of this…lets go bck to the main topic.

  15. wits0 says:

    Jean: “Monty… can’t believe that you still have even a shred of faith in pak lah… geez…”

    Hmm.., indeed, can’t he just wink without you knowing?

  16. wits0 says:

    Philip, “We we hope justice prevails.”

    Indeed. The reality is that even hope needs basis to indulge in too. The way that the legal system is set up suggests that it needs more than our hope. Has it become a casino of sorts amid all its encumbering technicalities?

    Legality and Justice always appear to be separate entities to me from observation. The profession seems to imply both are the same but it over flatters itself on this. More so because of the recent past.

    It just take one or two highly placed but cynical figures in that system to screw everything up until natural justice is lost…..at least in the perception of the public – sometimes the silent majority. Tenuous just to hope if the system does not inspire adequate confidence.

  17. […] Altantuya: “Come on, give me all the evidence” By Chelsea Ng & Eddie Chua, The STAR.  PETALING JAYA: One of the policemen charged with the murder of Mongolian beauty […] […]

  18. monsterball says:

    Dear All…Time flies! It’s 10 days to the court case. Susan started it two months ago and not easy to keep us up to date. I take my hat off for a job well done….Susan…par excellence in follow ups to the last.
    Our dozens of messages ..not one is to belittle or favoring any side….but try our level best to use our sense of logics and proportions to sincerely put out our suspicions…our self made detective instincts….perhaps a touch of busy body characters….but never idiotic and irresponsible.
    We all can be proud of or smart brains and investigating people are reading all messages…you can be sure of that.
    So let them judge this blog personalities. I say all good and are respected silently.
    Three cheers to all…especially to the blog owner……Susan.

  19. monsterball says:

    Now Baginda has also put out a claim…wanting all scripts back from the court.
    Court postponed other hearing to quickly hear their claims….not one word from Karpal Singh….signaling …it’s a full of shit claims.
    It is the duty of lawyers…and rightfully so….. to delay and confuse coming court case..especially on a murder case. This is telling in advance….they may loose the case for their clients….so delay and confused tactics must be used. I think judges are aware of such tactics…yet still showing surprise nature? Kapal is as cool as a cucumber.

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