MORE PICS – Prelude: ALTANTUYA Murder Trial (Jun 4 07) – Accused Koperal Sirul Azhar & Abdul Razak Fishing - More Documents; Judge Decides May 28 07
Accused in Altantuya case files appeal
PETALING JAYA: Kpl Sirul Azhar Umar, one of two policemen accused of the murder of Altantuya Shaariibuu, is taking his application for witnesses’ statements to the Court of Appeal. His lawyer Kamarul Hisham Kamaruddin filed the notice of appeal Wednesday at the Shah Alam High Court Registry.
“We’ve obtained a certificate of urgency. If the court decides to act on it, the hearing of the appeal will probably be in a couple of weeks,” he said when contacted. On Tuesday, the Shah Alam High Court dismissed Kpl Sirul Azhar’s application for access to all witnesses’ statements ahead of the trial scheduled for Monday. The application was supported by C/Insp Azilah Hadri who is also accused of murdering the Mongolian beauty, and political analyst Abdul Razak Baginda who is charged with abetting them.
C/Insp Azilah, 31, and Kpl Sirul Azhar, 36, allegedly committed the murder in Mukim Bukit Raja, Selangor, between
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Accused In Altantuya Murder Case Cannot Access Statement Before Trial
SHAH ALAM, May 29 (Bernama) -- The three accused facing charges relating to the murder of Mongolian national Altantuya Shaariibuu failed in their attempt in the High Court here today to gain access to the prosecution witnesses' statements before the commencement of the trial on Monday. Their application on the ground that there was no provision in the Criminal Procedure Code (CPC) and Evidence Act that gives an accused person the right to inspect the statements recorded from witnesses by the police under Section 112 of the CPC. He said he was bound by a Federal Court decision in the case of Husdi v PP (1979) MLJ 80 (Husdi No 1) that witnesses statements were absolute privileged documents and the defence did not have the right of access to the statements.
However, it was a win-win situation as the judge also held that the defence had the privilege, as held in the same case, to obtain the witnesses' statements only after the witnesses had testified in the trial, for the purpose of impeaching the witnesses. The trial will proceed on Monday although counsel Kamarul Hisham Kamaruddin, representing Kpl Sirul Azhar Umar, will challenge today's decision in the Court of Appeal. He did not ask the court to stay the proceedings pending the disposal of his appeal. Kpl Sirul Azhar, 35, had filed a formal application seeking a court order to compel the prosecution to provide them with the 112 witnesses statements and his application was supported by Chief Insp Azilah Hadri, 30, and political analyst Abdul Razak Abdullah Baginda, 46.
Azilah's newly-appointed lawyer, Hazman Ahmad, who replaced counsel Zulkefli Noordin, informed the court that they were supporting Sirul Azhar's application. Azilah and Sirul Azhar were charged with murdering Altantuya, 28, in
Altantuya's remains, blown to bits with explosives, were found in a forest area in Puncak Alam, Shah Alam, on Nov 7 last year. In his oral judgment, Mohamed Zaki said the court should not apply the common law of England and Wales which allowed accused persons to inspect police statements as there was already a provision in Malaysia governing that issue and no lacuna in Malaysia with regard to supply of document. Therefore, the judge said, he found it unnecessary to make any reference to the
"It doesn't matter that there are witnesses who are not potential to testify for or against the accused. The prosecution has no duty to supply the witnesses statements to the defence. I am of the view that it is undesirable for the prosecution to provide witnesses' statements to the defence as there is a real danger of tampering of witnesses," he said. Kamarul Hisham told reporters that he would invoke their right to ask the court to examine the 112 witnesses statements and if there was contradiction (with their oral evidence in court) he would apply for the statements to be supplied to the defence to impeach the witnesses. In his application, Sirul Azhar had asked the prosecution to provide him with the autopsy report, chemist reports, dental report, radiologist examination report and laboratory report and was supplied with the documents except for the 112 witneses statements which the prosecution refused to disclose to the defence. All the accused were not present in court.= == = == = =
2007/05/26, NST
'Police statements not for public view'
SHAH ALAM: Statements given to police by witnesses are classified. Head of the Classified Cases Unit deputy public prosecutor Salehuddin Saidin said these statements were privileged documents and should not be allowed access to the defense as it could result in witness tampering. "The statements are from witnesses who know about the case. It is our duty to protect them," he told the High Court yesterday. Salehuddin was submitting on the application made by counsel Kamarul Hisham Kamaruddin, seeking an order to supply him the statements of witnesses in the Altantuya Shaariibuu murder case. Kamarul, who is representing murder accused corporal Sirul Azhar Umar, made the application on May 18.
ABOVE & BELOW: Lawyer Kamarul Hisham Kamaruddin for murder accused Kpl Sirul Azhar Umar.
He has already received the ballistic, chemist and postmortem reports, but is also insisting on the statements which police had recorded from the witnesses. Salehuddin, who is assisted by head of the General Crimes and Sexual Unit, DPP Noorin Badaruddin, however, refused to give in. "If the statements are made public, society will not have confidence in thesystem," he said, adding that these witnesses would be offered to the defence during trial, which will begin on June 4. Salehuddin also said if these statements were produced in court before the trial, it might prejudice the accused. "There are no authorities which state that an accused has the right to these statements. The defense has no basis in the application. "We have provided the defense with other documents except the witnesses' statements. "Even if the accused claimed to have the right to the statements, he must state his interest.
When this happens, the court must decide if his interest overrides the public's." Earlier, Kamarul contended that these were public documents and should be supplied to the accused so that he knew the allegations against him. "Without these documents, how will we exercise our right to impeach witnesses?" he asked. "In England
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Altantuya murder: Razak wants full details, too
By CHELSEA
SHAH ALAM: Abdul Razak Baginda also wants access to all the witnesses’ statements in the Altantuya Shaariibuu murder trial. 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. Kpl Sirul Azhar, 36, filed his application last week through counsel Kamarul Hisham Kamaruddin. In the application, Kpl Sirul Azhar is also seeking to compel the prosecution to release to him all documents in its possession which could weaken its case.
Working together: Lawyers Wong (left) and Kamarul exchanging greetings at the Shah Alam High Court on Friday. They represent different accused persons in the murder trial of Altantuya Shaariibuu. 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
Altantuya Shaariibuu
Kamarul Hisham said that if his application was not successful, 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. Kpl Sirul Azhar and Chief Insp Azilah, 31, allegedly murdered Altantuya n Mukim Bukit Raja, Selangor, between 10pm on Oct 19 and 1am on Oct 20 last year. Abdul Razak Baginda was charged with abetting the policemen at the Bangunan Getah Asli in Jalan Ampang, Kuala Lumpur 9.54am and 11.05am on Oct 18 last year. All three face the death penalty if convicted.= = == = == = == = = =
Thursday May 24, 2007 ;Altantuya murder : ‘Release all documents’; By CHELSEA L.Y. NG and EDDIE CHUA; newsdesk@thestar.com.my
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. Altantuya: Her remains were found on Nov 7. 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. C/Insp Azilah, 35, and Kpl Sirul, 30, were charged with murdering Altantuya in Lot 12843 and Lot 16735 in Mukim Bukit Raja, Selangor, between 10pm on Oct 19 and 1am on Oct 20 last year. The remains of the 28-year-old Mongolian woman, who had been blown to bits with explosives, were found in a forest area in Puncak Alam, Shah Alam, on Nov 7. Abdul Razak, 46, was charged with abetting the policemen at the Bangunan Getah Asli in Jalan Ampang, Kuala Lumpur 9.54am and 11.05am on Oct 18 last year. All three face the death penalty if convicted.
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Father To Attend Altantuya's Murder Trial As Witness; By B. Hariharasuthan
KUALA LUMPUR, May 24 (Bernama) -- Dr Shaariibuu Setev (ABOVE), the father of Mongolian part-time model Altantuya Shaariibuu, will be a witness in the trial of her murder, which begins at the Shah Alam High Court on June 4. Honorary Consul of Mongolia in Malaysia Datuk Syed Abdul Rahman Al Habshi said despite suffering from chronic depression and having been advised by doctors to rest, Dr Shaariibuu Setev, 56, had insisted on attending the trial. The National University of Mongolia's Information and Educational Centre director was scheduled to arrive in the country on June 2, he told Bernama. More than 20 witnesses are expected to take the stand during the 26-day trial.
Altantuya's gruesome murder received wide coverage here and in Mongolia amid speculations that besides being shot, explosives were also used to blow up her body.Syed Abdul Rahman said Shaariibuu would be accompanied by Special Secretary of the Ministry of External Affairs of Mongolia Aruinbold Yadmaa, an official from the Mongolian embassy in Bangkok, Altantuya's three cousins identified only as Burmaa, Almiraa and Gal Ochir, and a translator named Aggie. He said Shaariibuu hoped the trial would run smoothly and that some of Altantuya's bone fragments -- currently held as a court exhibit -- would be flown to Mongolia Malaysia Mongolia
When she went missing 13 days later, the cousin lodged a police report and sought help from the Mongolian embassy in Bangkok.Two policemen from the Federal Police Special Action Force, Chief Insp Azilah Hadri, 30, and Corporal Sirul Azhar Umar, 35, have been charged with her murder. A prominent local political analyst, Abdul Razak Baginda, 46, has also been charged with abetment in the murder.
= == = there are now NI N E PARTS to the Saga documented here, a Video Clip would be compiled soonhttp://powerpresent.blogspot.com/2006/11/more-pics-mongolian-30s-anna-ana-ang.html
Nov 07 06, PART 1
= = == = == =http://powerpresent.blogspot.com/2006/11/more-pics-part-2-murdered-mongolian.html
Nov 12 06 Part II
= = == = == ==http://powerpresent.blogspot.com/2006/11/more-pics-part-3murdered-mongolian.html
Nov 17 06 Part III
= = = == =http://powerpresent.blogspot.com/2006/12/more-pics-part-4murdered-mongolian.html
Dec 04 07 Part IV
= = == = = == = ==http://powerpresent.blogspot.com/2007/01/more-pics-murder-altantuya-shaariibuu.html
Jan 06 07 Part V
= = == == = == = http://powerpresent.blogspot.com/2007/01/more-pics-murder-altantuya-shaariibuu_20.html= = == == = == =
http://powerpresent.blogspot.com/2007/01/more-pics-murder-altantuya-shaariibuu_20.html
= = == = == = == =Mar 09 07 Part VII
MORE PICS–ALTANTUYA SHAARIIBUU MURDER TRIAL Rescheduled to June 4- 29 07 under New Trial Judge Judicial Comm. Datuk Mohd Zaki-who took over from Datuk KN Negara
http://powerpresent.blogspot.com/2007/03/more-picsaltantuya-shaariibuu-murder.html
Mar 17 07 Part VIII
http://powerpresent.blogspot.com/2007/03/more-pics-video-altantuya-shaariibuu_17.html
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