UPDATE: Brilliant, isn’t it? PKR’s Latheefa Koya suggests that the police should check the passports of all three individuals, to determine if they were in Paris at the same time (for the french dinner for 3). The 3 are: DPM NAjib Tun Razak, Altantuya Shariibuu (murdered) and her accused murderer Abdul Razak Baginda.

Circumstantial evidence

“All this is circumstantial evidence. It doesn’t show that those in the photograph were involved in the murder. But since the deputy premier had denied any relationship, then it boils down to suspicion If there is no such photograph, let the public know. If there is none, it boils down to the testimony of the prosecution witness and she can be charged (for perjury),” she added.

The not-so-brilliant thing is: do you think they (police) have the guts to do it?

Especially when it seems that a relevant fraction of the police force is in one way or another allegedly related (involved) to this murder.

And by the way, WHERE IS THE BLOODY PHOTO???

On a similar note, Couldn’t resist posting this article (ALTANTUYA: JUSTICE ON TRIAL?) by KIM QUEK in Malaysiakini. He raises some pertinent questions:

An unbelievable spectacle took place in the bizarre murder trial of Mongolian national Altantuya in Day 10 (June 29).

When the family lawyer (Karpal Singh) of the murdered victim attempted to ask the deceased’s cousin a question regarding “a government official” photographed together with the deceased, prosecutor and defence lawyers sprang to their feet in unison to thwart the question.

This resulted in a shouting match, with Karpal Singh on one side, confronted by the combined forces of prosecutor and defence lawyers on the other.

On an earlier day (Day 7, June 26), a similar division of forces in the court occurred when a Mongolian witness told the court that the immigration entry computer records of the deceased and her two Mongolian companions (including the witness) had been mysteriously erased.

While Karpal Singh asked the court to take proper note of this highly irregular event, both prosecutor and defence lawyers objected to this evidence as irrelevant, and insisted that it be expunged.

Now, isnt that a strange phenomenon? A prosecutor is supposed to seek justice for the deceased victims family against the murderers, so how come the prosecutor is now ganging up time and again with defence lawyers to oppose the victims family lawyer? Is this a case of prosecutor vs defence or a case of (prosecutor + defence) vs victims family?

Obviously, prosecutor and defence seem to have plenty of common interests which contradict those of the victims family.

What is that common interest?

The answer may lie in the identity of that government official that appeared in the photograph with Altantuya that both prosecutor and defence tried so hard not to allow its exposure.

On Day 10, Altantuyas cousin Burmaa Oyunchimeg (photo) testified that after Altantuya returned from France, Altantuya went to Hong Kong to meet the witness, and showed the latter a photograph that shows Altantuya, her alleged lover Abdul Razak Baginda (the third accused) and a government official taking meal together.

Answering Karpal Singh later, after the shouting match in the court had subsided, she said this government official was Najib Razak. She could distinctly remember this name because it bears similarity to her cousins alleged lovers name, and she even asked Altantuya whether they were brothers.

Burmaa further added that the photo had also been shown to Altantuyas father.

Now, the revelation of Najib Razak in the photo would not have caused such a sensation if not for the Deputy Prime Ministers oft repeated denial of any knowledge of Altantuya, including a public denial during the recent Ijok by-election, when even the name of Allah was invoked.

What does DPM Najib has to say now that his denial is directly contradicted by witness Burmaa?

His press secretary Tengku Sarifuddin Tengku Ahmad issued a brief statement on June 30 saying that the DPM declined to comment for two reasons.

One, any comment from Najib might be subjudice, since the case is on-going. Two, Najib had already repeatedly denied acquaintance with the girl in the past, as such, the issue over the picture does not arise.

What subjudice?

Subjudice to the case? That sounds ridiculous. How would a simple statement like I have never had my photo taken with Altantuya be subjudice? In fact, being the No 2 leader in the government, Najib is absolutely duty bound to the nation to say outright whether he was ever photographed with Altantuya, in view of the serious implication of Burmaas allegation.

The issue over the picture does not arise? Equally ridiculous. In fact, the opposite is true.

Precisely because of Najibs past denials, it is all the more imperative that Najib must stand up now to clarify to the nation.

There is only one explanation for Najibs past denials and his present silence guilty conscience.

If Najibs conduct with respect to the case has been above board, there is no reason whatsoever for him to deny acquaintance with a good friends (Razak Baginda) friend (Altantuya).

Similarly, if the allegation of the picture is false, it is inconceivable and totally incomprehensible and irresponsible that Najib should have chosen not to refute Burmaas allegation.

In fact, Najib was so worried about the publicity of the picture that his secretary called editors of the local press, and requested them not to blow up the issue. This has resulted in this explosive story staying clear of the headlines on the next day (June 30), and the name of Najib Razak not being identified as the DPM in Malay and English papers. (In one Chinese paper Guang Ming this Najib story hit the headline in the front page in the evening edition, but disappeared completely from it in the day edition next morning, June 30).

And of course, Anwar Ibrahims criticism of the trial and his specific call on Najib to clarify on the picture during a press conference was generally blacked out.

However, despite such suppression of news, irreversible damage is done. There is little doubt that Najib is deeply troubled and his political position seriously weakened.

That this murder case has been subjected to serious political manipulations is obvious from the very start when police commenced its highly questionable investigation, right through to the present trial stage when the conduct of prosecutor and defence lawyers appears increasingly dubious.

The over-riding mission

Instead of prosecutor seeking the truth and defence lawyers fighting to defend the accused as their prime objectives, both seemed to be pre-occupied with an over-riding mission to prevent the whole truth from emerging.

Their combined efforts to cover up issues of immigration record erasure and identity of Najib in the picture are just two examples of such conduct.

The highly irregular nature of this case was also marked by frequent and mysterious changes of legal personnel, resulting in the complete change-over of defence lawyers, prosecutors and judge even before hearing began.

These weird phenomena were crowned by the shock appearance of a new team of prosecutors who were appointed only hours before the hearing was supposed to begin, thus necessitating an impromptu postponement of hearing for two weeks.

Under these circumstances, the public must brace themselves for more aberrant scenarios from this court, while Najib and his supporters may have to keep their fingers crossed in the long days ahead when many more witnesses have yet to walk through what must have appear to Najib as a minefield.

On a more serious note, this unseemly trial does not exactly add credit to our judicial system whose already wretched image has just been further mauled by the shameful finale of another sham trial that of Eric Chia of Perwaja Steel fame.

After seven long years of investigations and three years of court hearing, the case was thrown out due to lack of prima facie evidence.

With that, the long drawn Perwaja Steel scandal saga is ended without finding any culprit for the mountain of losses (more than RM10 billion) suffered by the taxpayers.

There has been a spate of criminal cases being dismissed of late due to inadequate investigations and poor prosecution, indicating that the downward slide of our criminal justice system which gathered momentum in the Mahathir era has hastened its downtrend under Abdullah Badawis leadership.

With criminal justice system in shambles, rule of law is jeopardized. And that is an important benchmark to judge the efficacy of Abdullahs administration vis--vis his reform agenda.

43 responses »

  1. Raja says:

    “All this is circumstantial evidence. It doesnt show that those in the photograph were involved in the murder. But since the deputy premier had denied any relationship, then it boils down to suspicion If there is no such photograph, let the public know. If there is none, it boils down to the testimony of the prosecution witness and she can be charged (for perjury), she added.”

    Photograph.

    There is only reference to a photograph. No photograph was made a court exhibit.

    You cannot prove the witness told a lie under oath. How do you prove that something does not exist?? No perjury possible there.

    Within the context of the trial and the issues involved, the photograph is not even circumstantial evidence of anything.

  2. Raja says:

    The DPM may have told a lie out of court. Telling lies is not a crime under our Penal Code in our jurisdiction and in any other jurisdictions.

    Here’s what you can do.

    Charge him with the conspiracy to murder the Mongolian girl. When he gives evidence on his own behalf (remember an accused may elect not to, and to remain silent) pop in the question: Do you know the deceased? If he says “no” then the photograph showing him having a meal with her together with Razak becomes relevant to prove the issue. What issue? The issue that he had lied.

  3. Raja says:

    It does not prove conspiracy!

  4. voerseamail says:

    it’s a matter of time before system failure kicks in. as was said, you can run but you can’t hide.

  5. omigosh says:

    The idea is good but not so sure whether it can be done. These goons can succeed in obliterating immigration data and Altantunya’s life, they can do almost anything to lie and deceive.

  6. rostoksya says:

    a lie by any person = a liar
    a liar = questionable character; untrustworthy
    a leader as a liar = an untrustworthy leader = cannot be trusted – a major character fault especially for a leader in public office

    a liar may not be = a killer, ..
    BUT THEN, WHY LIE? (refuse to tell the truth)

  7. rostoksya says:

    … (continue)…

    BUT THEN WHY LIE? = there are reason to hide the truths to many questions raised.

  8. wits0 says:

    “..they can do almost anything to lie and deceive.”

    Right!

    Even as you may expound the all the total details of the law books, there is no saying that the river of D’Nile will not overflow its bank and drown everything in its path.

  9. luclai says:

    we may have great ideas, like PKR’s latheefa and raja here, but we are only laymen, what can we do? the higher-ups always win with their, yes, lies and deceit and evil doings.

    already during the trial now, many suspicion of covering up and protecting some higher-up were so obviously seen and heard by us, so what can we expect for future action? nil!!

    justice is being bought over by some third party/ies!!

  10. Farida says:

    You can’t get infor from Najib’s pasport re. Paris? How about checking with the French Immigration. Wouldn’t they keep records on their computers re. visitors?

  11. anonymous says:

    The Mongolian government should urgently request France to check the entry records into Paris of the “Allah be my witness” DPM, the C4 victim and the “I am Proud 0f IT” accused Abdul Razak Baginda. (Don’t ever hope for the Malaysian govt to make such a request. If a Malaysian request is ever made, it is for the French to erase those records.)

  12. The Observer says:

    stupidy is the name? why should the police check the passport? when there is no allegation of his involvement in the kes?

    why dont they lodge a Police report on najib saying he is involved?

    This is a human rights issue? can you simply ask police to investigate and intervene in a persons enjoyment of life for some suspicion of a person being in a photo that a person claim that she have seen it.

    Idiotic human rights lawyer.

    Even if they have been to paris? so what? what offence did he commit?

    even if the picture is true,what offence did he commit?

    disgusting to see the justice party trying to character assassinate a person base on dodge assertion.

    Disgusting-your own leader once were assassinated base on such dodge assertion and now you guys are doing the same thing.

    i dont understand why PKR is blood thristy and going for this man alone and not BN.

    The end product-BN minus Najib…so what??????

  13. janedoe says:

    It is ashame for our PM and DPM to keep mum about what is ongoing. Cant the international courts do something. The whole world is making our country a mockery!!!!!

  14. Raja says:

    “Charge him with the conspiracy to murder the Mongolian girl. ”

    That’s the problem – you cannot.

    To charge anybody for anything there must be prima facie evidence i.e. evidence the veracity of which is not in doubt and if unrebutted would point to the guilt of the accused.

    Having a dinner with any model from anywhere for any purpose is not prima facie evidence of any crime. It could be evidence of infidelity at best but since when is infidelity a crime?

    Even Rosmah is not interested to know!

  15. Raja says:

    “…you can run but you cant hide.”

    Sure. That was what President Bush said and the guy is still in hiding.

  16. Raja says:

    “Cant the international courts do something.”

    You do not have to be a student of international law to know that this is not an international law issue.

  17. Raja says:

    Why is everybody fixated on the possibility of Najib being involved in a conspiracy to murder the Mongolian girl??

    You can’t even prove a prima facie case of murder or conspiracy to murder against Razak! With Razak likely to walk free without even his defense being called, the trail leading to Najib as co-conspirator will soon run cold!

    If Razak is found guilty then the door would be wide open for a possible police investigation into the DPM’s role in the murder and his underlying role in the purchase of submarines etc for the Defense Ministry.

    That is unlikely to happen.

  18. I says:

    BN Minus Najib, you have a million others from United Malays National Organisation (UMNO).

    Hats of to observer.

    Next to throne…drum roll…

    1. You have keris wielding Hishamudin.
    2. Khairy Jamaluddin (son-in law of our PM)

    From wikipedia: “Within a very short period, Khairy created further controversies by claiming that the Chinese Communities in Malaysia will take advantage of the Malays if UMNO is weak.”

    “Khairy refused to apologise, stating that his remarks are genuine and important to defend Islam and the Malay rights. ”

    So there you go, if this Najib goes down.. so what?!

    You have a beautiful country, but one race is gradually taking charge and making a mess out of every legal entity that exist.

  19. KTemoc says:

    quoteBN Minus Najib, you have a million others from United Malays National Organisation (UMNO).

    Hats of to observer.

    Next to thronedrum roll

    1. You have keris wielding Hishamudin.
    2. Khairy Jamaluddin (son-in law of our PM)
    unquote

    gawd gasp gee, PKR working for KJ?

    Susan asked “And by the way, WHERE IS THE BLOODY PHOTO???”

    With Tian Chua of course😉

  20. Justice M says:

    Sub-judice in Latin means under the judge. Najib is not on trial so there can be no sub judice as far as Najib is concerned. He chose on his own to make that statement as a politician that he has never met the Mongolian lady.As we are all participants in the political process when it comes to a vote, we are merely asking for a confirmation, a denial or a lapse of memory from a man reperesenting Malaysia as her Deputy Prime Minister.
    Wasn’t there a Paris Air Show at the relevant dates??? I may be mistaken.

  21. Raja says:

    Could he have been with Paris Hilton in Paris??

  22. oA says:

    .

    There is no law here against the rich and the powerful, unfortunately.

    Else dpm would have been a suspect.

    In this case you dont need to be a rocket scientist to figure it out.

    Everything else is just bull.

    .

  23. daphne says:

    Checking his passport? Of course it’s possible, but we must never forget there is a lot more they can do to prove he’s got an alibi. Bottom line, the idea sounds great, but bears no fruits.

    Quoting Farida: Yeah maybe checking with France immigration would be an alternative😀

  24. The Observer says:

    Circumstantial evidence !!!!!!

    Which bloody law school this person went to?
    Borneo jungle???

    Goodness gracious me!!! these PKR people can put stupidity to shame and b proud of it?

    what circumstantial evidence she is talking about?

    Circumstantial evidence is a fact that can be used to infer another fact.What can they infer from the fact (if it is) from the passport?

    That Najib visited Paris? So what if Najib and razak visited Paris at the same time? what the offence and what the allegation? Whats the relevance to the case in question? Whats the point? Dont politicians travel all the time and what the problem for both of them to be in the same country at same time?

    Do one have to get their passport stamped when entering PARIS?

    Anybody knows when the so call Paris picture were taken? Burma didnt mention anything about when the photo was taken?

    Now, all PKR need is any specific date in history where Najib and Razak were in FRANCE together.Whats the connection? so what?

    What a stupid conspiracy they are trying to create.At least try to make look clever lah.

    Any proper lawyer with brains will laugh at this stunt.

  25. bolehbug says:

    I do say,
    what short memories we have
    check the passports for coincidental dates
    NO NO NO
    check the comparative immigration data (French & Malaysian), if Malaysian & French data don’t tally ….
    By Malaysiaboleh, it must be another irrelevant deletion of records by the malaysian immigration
    hehehehehehe
    But then again if somebody entered the EU or is it EC from another country on another date, then it will probably be a quixotic task
    So, only hope = malaysiaboleh stupid enough to boleh change only the malaysian records of going in and out, leaving the EC/EU data out of sync…
    Still doesn’t prove anything where Altantuya is concerned but stinks to high heaven of conspiracy

  26. DarkKnight says:

    Quote:
    “Next to thronedrum roll

    1. You have keris wielding Hishamudin.
    2. Khairy Jamaluddin (son-in law of our PM)”

    I think Hamid Albar is better than those two..

  27. Malaysia Boleh says:

    Najib possibly uses has diplomatic documents instead of passport. Further, he is not a party to the case.

    However, though Najib can be subpeona to give evidence about anything he might have known since Azilah was supposedly protecting him and Baginda is his good friend.

    Possible conclusion:
    1) Relevant witnesses will be inconsistent and impeached

    2) The 2 officers will protect the 3rd party and say something like a fight ensued and accidentally killed Shariibuu. And subsequently tried to dispose with the explosives they have smuggled out during training.

    3) Baginda didn’t give any instructions but merely to take her away.

    4) Since this is accidental death and illegal disposal of corpse, these 2 officers are each jailed for 8-15years depending on their roles. They are eventually released after 5 years and paid handsomely ever after.

    5) Case closed.

    Bottomline: Baginda cannot be killed. He knows too many of Razak’s secret. He is Razak’s middle man in multi-billion purchases for the country. (birds of a feather in corruption)
    ——————————————–

    However, with so many things unsatisfactorily answered, perhaps Najib should step down as he has failed his job as Defence Minister?

    Where is Badawi now? Chickened out?

  28. Raja says:

    Abdullah is a trooper, a good follower when he was DPM. But a good follower does not necessarily mean he is a good leader.

    The in-fighting that we see is the direct result of poor leadership or no leadership at all!

  29. […] Check Najib’s passport, will ya? UPDATE: Brilliant, isn’t it? PKR’s Latheefa Koya suggests that the police should check the passports of all […] […]

  30. janedoe says:

    Malaysia Boleh has figured it out very well.
    All’s well that ends well.
    Those who escape and are well now; will rot in hell.

    If there has been a crime, there will be a punishment.
    If not here certainly by God .
    Our judicial system seems so inadequate (One doesn’t have to be lawyer to note that!)
    DPP and Defense on the same side!!!
    The articles in the newspapers are so inadequate and are dwindling in information. We certainly know it is an eye wash. What can we do but watch the inadequacies?
    To the family of Mr Sharibuu and the people of Mongolia , if the courts in Malaysia are inadequate, there is another court for these people to go thru which they will not be able to escape

  31. notsosmart says:

    Will the Mongolian ask the Chinese government help for justice?
    Only way out is by the international community. Maybe the CNN..CBS..BBC..CCTV…should start the ball rolling.

  32. politikus says:

    eh you didn’t read my blog meh? we asked amy where the photo was and she said it was with altantuya when she went missing. so the photo is either blown up or kept in a very very safe place!

  33. hutchrun says:

    No pics at her house, dad`s place? Any docus pointing to her role translator?
    How about a french NGO taking on the French co. that is supposed to have bribed to influence the submarine purchase.

  34. luclai says:

    hey guys, did any of you catch the news in the star today which says taht the trial attracts the french media? then it goes on to say the reported said he had learned of some “interesting” facts and would be following up on his lead.

    hmm…. interesting indeed. i wonder what interesting lead he was talking about. could it be to do with some french people seeing the trio of najib, baginda and altantuya having dinner in a restaurant?

  35. kittykat46 says:

    Photos, whether film or digital often have a secondary record somewhere, either as a negative or as a download to a Hard Disk.

    But, yeah, it can be very hard to sift through the belongings of a person who died suddenly to find anything. Not everybody is neat and organised with their personal belongings..
    I had to perform that sad duty once, and it took me weeks to find a very important document. A few relevant papers I never managed to find, even though I’m quite sure the person kept it.

  36. susan loone says:

    hey lucia! thanks for the good news. lets hope we get some new leads soon. the case is getting boringgggg…

  37. kittykat46 says:

    Hi Susan,
    Its getting very predictable how its going to end up.

    Bags will walk free….just not enough evidence for “conspiracy” to stick.
    Cpl Sirul….”confession” unacceptable. If he has an ironclad alibi, he will walk free.
    C/Insp Azhar – don’t know yet.

    THE BUTLER DID IT.

  38. wits0 says:

    And someone has to ask why the trial is flawed?

  39. Raja says:

    “Cpl Sirul….”confession” unacceptable. If he has an ironclad alibi, he will walk free.
    C/Insp Azhar – don’t know yet.”

    I thought they found slippers in Sirul’s car stained with Altantuya’s blood?

    I thought Azilah led the police to the scene where someone tried to dispose the body?

    The first does not seem to be the ‘fruit of the poisonous tree’. The latter could well be the ‘fruit of the poisonous tree.’

  40. dlquill says:

    A little bit of history………………
    When genghiz termunchien khan was born, he came out from the womb screaming with his right fist closed. He did not open his fist until a week later. And in his fist was a cake of blood. With his fist, he made the Huang Ho river turns red with blood. I wonder anyone in Malaysia was born with his fist closed?

  41. dlquill says:

    Do you guys know that the paris immigration do not always chop the passport? They didnt chop mine the last i was there. But anyway why so much denial having dinner with altantuya? I love to have dinner with her if she is still around.

  42. opospa says:

    Yea, French Immigration doesn’t stamp on your passport. They just will come up to you out of sudden without any notice to check on your passport and stamp on it. But most of the time they dont…

  43. K K WONG says:

    President Clinton had consistently and emphatically denied having had sex with Monica Lewinsky.

    But the truth emerged subsequently.

    Deja vu with Altantuyaa and Najib?

    Let the truth prevail for justice.

    However powerful you are, there will be justice. No one can escape.

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