MORE PICS & Video – Day 14-Altantuya Murder Trial; Sirul Did It – Confessed Azilah; Sirul Shocked When Told; Claims Confession under duress & forced
More details will be in the next POST
Latest UPDATE:
5 grounds to reject 'confession'
R. Surenthira Kumar and Maria J. Dass, from SUN
SHAH ALAM (July 9, 2007): The lawyer defending murder accused Cpl Sirul Azhar Umar today gave five reasons why the court should not admit his client's "confession" that was made to his superior as evidence in the Altantuya Shaariibuu murder case. Kamarul Hisham Kamaruddin told trial judge Datuk Mohd Zaki Md Yasin the burden was on the prosecution to prove that the "confession" by Sirul Azhar was made voluntarily. He was referring to the "confession" that Sirul Azhar's superior, ACP Mastor Mohd Ariff, said was made to him while they were on the flight back from Bangkok to Kuala Lumpur. In a trial-within-a-trial to determine the voluntariness of the "confession" and its admissibility, Sirul Azhar had denied he said anything to Mastor.
Kamarul Hisham (BELOW) submitted the five grounds by citing previous cases and authorities to support his argument.
The five grounds are:
* The prosecution has not proved that the alleged confession was made voluntarily;
* Sirul Azhar was not cautioned on his rights under Section 113 of the Criminal Procedure Code;
* It is unclear whether Sirul Azhar was under arrest when he was taken into Mastor's custody ("confession" not made before magistrate or judge);
* Statement supposedly made by Sirul Azhar was involuntary; and
* Sirul Azhar did not read, correct or sign any statement he allegedly made to Mastor, who had assumed the role of investigating officer, when he attempted to extract information on the murder.
Kamarul Hisham said the prosecution had failed to call two material witnesses, Sgt Jelima Tasiran and Cpl Zamri Abu Bakar, the two UTK personnel who accompanied Mastor to
"The prosecution cannot reserve to call witnesses and decide to call later, for this does not discharge its burden of proof," said Kamarul Hisham.
He said the court must look into the entire transaction, from the time Sirul Azhar is picked up from his hotel room in
Kamarul Hisham said Mastor had gone to
He said Mastor sat beside Sirul Azhar and asked him a question with a view to extracting a confession, and at the point of making that statement, Sirul Azhar submitted himself to custody and the confession became inadmissible. "The moment he opened his mouth to tell anything incriminating to Mastor, he was already in custody. That confession to Mastor is not admissible by virtue of Section 26 of the Evidence Act," said Kamarul Hisham. As for involuntariness, he said there are three categories involved - inducement, threat, and promise - but his team will only show suspicious surrounding circumstances when the statement was recorded. He said if confession is made under oppressive circumstances, it overrides the categories of inducement, threat and promise.
"It is our argument that the second accused was in a distraught state, under severe anxiety and mental strain, when Mastor asked him repeatedly for an answer," said Kamarul Hisham.
He said he believes the prosecution will raise the question of Sirul Azhar's credibility, but the defence had pointed out that he is a person who is easily confused and is not a calculative witness. He added that Mastor's testimony about what he observed of Sirul Azhar's state of mind was never challenged at all. "We ask that, based on the five grounds, the alleged confession by the second accused be held inadmissible as evidence," said Kamarul.
'It was voluntarily and not made under threat'
SHAH ALAM (July 9, 2007): DPP Tun Abdul Majid Tun Hamzah submitted today there was no inducement for Cpl Sirul Azhar Umar to make a confession, and that it was done voluntarily. He said when Sirul Azhar's superior, ACP Mastor Mohd Ariff, 45, said that all was out and that there was nothing to hide, he did not mean to say "make a confession". However, two to three minutes after he asked him, Sirul Azhar made a statement to Mastor. "Mastor told the defence that if Sirul Azhar had not responded, he would have continued asking but this did not happen because he made the statement to Mastor two to three minutes after," said Tun Abdul Majid. He also noted that Mastor was not cross-examined on whether he induced, threatened or promised Sirul Azhar anything if he made a confession.
On why the prosecution did not call Sgt Jelima Dasira and Kpl Zamri Abu Bakar, the two Special Action Unit (UTK) officials who accompanied Mastor to
He said Sirul Azhar's credibility should also be questioned.
He said the accused had contradicted himself when he said Mastor had spoken to him in a normal tone and later changed his statement to say that Mastor had spoken to him in a commanding voice.
The accused also said he did not believe the story by Mastor that he was being taken back to
"Sirul Azhar was caught in a compromising situation when he was told the real reason for him being brought home and he could not run away. He had no choice but to respond," he said. In wrapping up his submission, Tun Abdul Majid said: "The prosecution has discharged its burden of proving the confession was voluntary and not made under threat, violence or oppression and we ask the court that the confession by Sirul Azhar be allowed."
Sirul already in custody, says lawyer
SHAH ALAM (
"As for inducement, personnel with the rank of corporal was asked by his superior who had uttered several words before an answer was given. If that is not an inducement, what else?" said Wong.
What happened today (Day 15)
* Justice Datuk Mohd Zaki Md Yasin heard submissions on the trial-within-a-trial to determine admissibility of murder accused Cpl Sirul Azhar Umar's "confession" to his superior officer ACP Mastor Mohd Ariff.
* Sirul Azhar's counsel, Kamarul Hisham Kamaruddin, submitted on five grounds. He took up most of the morning.
* Abdul Razak Baginda's lawyer ,Wong Kian Kheong, followed suit before the lunch break.
* DPP Tun Abdul Majid Tun Hamzah made his submission after lunch.
* Justice Datuk Mohd Zaki Md Yasin (BELOW)to decide at
Question: Is second accused Cpl Sirul Azhar's alleged "confession" that he killed a Mongolian woman admissible?
Answers:
NO
Defence counsel Kamarul Hisham Kamaruddin
* The prosecution has not proved that the alleged confession was made voluntarily.
* Sirul Azhar was not cautioned on his rights under Section 113 of the Criminal Procedure Code
* It is unclear whether he was under arrest when he was taken into ACP Mastor Mohd Ariff's custody; "confession" not made before magistrate or judge.
* Statement supposedly made by him was involuntary.
* He did not read, correct or sign any statement he allegedly made to Mastor, who had assumed the role of investigating officer, when he tried to extract information on the murder.
YES
DPP Tun Abdul Majid Tun Hamzah
* Sirul Azhar's credibility is questionable, as he had contradicted himself on several points.
* There was no need to call the two other Special Action Unit (UTK) officers who were with Mastor when he brought Sirul Azhar back from
* The confession made by Sirul Azhar was voluntary and not under inducement, threat or promises.
* Sirul Azhar had confessed to Mastor as his superior and not as an investigating officer.
Decision:
Justice Datuk Mohd Zaki Md Yasin will give his decision at
What happened today (Day 15)
* Justice Datuk Mohd Zaki Md Yasin heard submissions on the trial-within-a-trial to determine admissibility of murder accused Cpl Sirul Azhar Umar's "confession" to his superior officer ACP Mastor Mohd Ariff.
* Sirul Azhar's counsel, Kamarul Hisham Kamaruddin, submitted on five grounds. He took up most of the morning.
* Abdul Razak Baginda's lawyer ,Wong Kian Kheong, followed suit before the lunch break.
* DPP Tun Abdul Majid Tun Hamzah made his submission after lunch.
* Justice Datuk Mohd Zaki Md Yasin to decide at
Question: Is second accused Cpl Sirul Azhar's alleged "confession" that he killed a Mongolian woman admissible?
Answers:
NO
Defence counsel Kamarul Hisham Kamaruddin
* The prosecution has not proved that the alleged confession was made voluntarily.
* Sirul Azhar was not cautioned on his rights under Section 113 of the Criminal Procedure Code
* It is unclear whether he was under arrest when he was taken into ACP Mastor Mohd Ariff's custody; "confession" not made before magistrate or judge.
* Statement supposedly made by him was involuntary.
* He did not read, correct or sign any statement he allegedly made to Mastor, who had assumed the role of investigating officer, when he tried to extract information on the murder.
YES
DPP Tun Abdul Majid Tun Hamzah
* Sirul Azhar's credibility is questionable, as he had contradicted himself on several points.
* There was no need to call the two other Special Action Unit (UTK) officers who were with Mastor when he brought Sirul Azhar back from
* The confession made by Sirul Azhar was voluntary and not under inducement, threat or promises.
* Sirul Azhar had confessed to Mastor as his superior and not as an investigating officer.
Decision:
Sirul Azhar Confused When He Allegedly Made His Confession, Court Told
SHAH ALAM, July 9 (Bernama) -- Corporal Sirul Azhar Umar was described in the High Court here today as a robot, in a state of confusion and emotionally oppressed, when he made the alleged confession to his superior on his involvement in the murder of Mongolian Altantuya Shaariibuu. His counsel, Kamarul Hisham Kamaruddin, submitted that Sirul Azhar was not the average reasonable man and could not even understand three questions which were put to him "in one string together". He said the court should not admit the confession as evidence as Sirul Azhar, who is from the Special Action Force, did not give it of his own free will to the squad's deputy commander, ACP Mastor Mohamed Ariff, during their flight from
Kamarul Hisham said the confession was given involuntarily and was taken under oppressive manner as Sirul Azhar was in a distraught state, under severe anxiety and mental strain in the airplane on his journey back to
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ABOVE & ABOVE: ACP Mastor arriving in court on Day 14 of Trial. He seemed to enjoy all the attention and focus on him and BELOW: Sirul arriving; He testified in the afternoon in the "trial within the trial". The confession was made on the plane. More details soon
SHAH ALAM, July 5 (Bernama) -- Corporal Sirul Azhar Umar trembled and fidgeted when told that Chief Inspector Azilah Hadri confessed that he (Sirul Azhar) had killed and blown up Mongolian Altantuya Shaariibuu with explosives.
Police Special Action Squad assistant commander, ACP Mastor Mohd Ariff (ABOVE) said Sirul Azhar was clearly in a nervous state after he told him Azhar's revelation on their flight back to
Sirul Azhar, 35, and Azilah, 30, both from Bukit Aman UTK, are charged with murdering Altantuya, 28, in Mukim Bukit Raja here between 10pm on Oct 19 and 1am on Oct 20, 2006. Political analyst Abdul Razak Abdullah Baginda, 46, is charged with abetting the murder. Mastor, 45, said that information on Azilah's revelation was obtained from CID deputy director Datuk Syed Ismail Syed Azizan, who had instructed him to bring Sirul Azhar back to
"I told him (Sirul Azhar) that since the matter (killing) was now in the open after Azilah had exposed it, there was no need for him to hide anything," he said after he was asked by Deputy Public Prosecutor Tun Abdul Majid Tun Hamzah to relate what happened on the flight. He said Sirul Azhar was seated next to him when he told him about the matter during the flight to
In his testimony yesterday, Mastor said he had initially told Sirul Azhar that he was ordered to immediately bring him back to
Hazman Ahmad, counsel for Azilah, objected to Mastor's testimony today and asked that it not be recorded before the court could decide whether his client's confession was made voluntarily. Hazman: As long as Datuk Syed (Ismail) is not called, the witness' testimony is based on hearsay. We do not know whether the first accused made a confession to Datuk Syed (during interrogation). His (witness) testimony incriminates my client. If the witness is allowed to continue, it would be in the court records and would influence the court. It's better to hold a trial-within-a-trial. The court than began a trial-within-a-trial to decide whether the confession made by Sirul Azhar was voluntary and without threat or force.
The witness was again asked to take his oath to tell the truth before judge Datuk Mohd Zaki Md Yassin.Mastor, who has been with the UTK for 19 years, said when tasked with bringing back Sirul Azhar from Pakistan to Malaysia, he instructed Sergeant Jelima Tasiran and Corporal Zamri Abu to accompany him to Islamabad, departing on Nov 4, 2006. Tun Abdul Majid: What was the reason you gave to bring the second accused back when you met him in
Sirul Azhar murdered Altantuya, says police deputy commander
DAY 14
SHAH ALAM (July 5, 2007): Cpl Sirul Azhar Umar trembled and fidgeted when told that Chief Insp Azilah Hadri confessed that he (Sirul Azhar) had killed and blown up Mongolian Altantuya Shaariibuu with explosives. Police Special Action Squad assistant commander ACP Mastor Mohd Ariff said Sirul Azhar was clearly in a nervous state after he told him Azhar's revelation on their flight back to
"Sirul took several minutes to respond to the allegation against him," said Mastor, when testifying as the 11th prosecution witness in the Altantuya murder trial in the High Court here today.
ABOVE: the daily covered up Sirul in the trial and BELOW: What he looks like
Sirul Azhar, 35, and Azilah, 30, both from Bukit Aman UTK, are charged with murdering Altantuya, 28, in Mukim Bukit Raja here between 10pm on Oct19 and 1am on Oct 20. Political analyst Abdul Razak Abdullah Baginda, 46, is charged with abetting the murder. Mastor, 45, said that information on Azilah's revelation was obtained from CID deputy director Datuk Syed Ismail Syed Azizan, who had instructed him to bring Sirul Azhar back to
Mastor (ABOVE) said he told Sirul Azhar that the real reason for him to bring him back to
Azilah's revelation was that the second accused (Sirul Azhar) had killed the Mongolian woman and blown her up with explosives.
"I told him (Sirul Azhar) that since the matter (killing) was now in the open after Azilah had exposed it, there was no need for him to hide anything," he said after he was asked by Deputy Public Prosecutor Tun Abdul Majid Tun Hamzah to relate what happened on the flight.
He said Sirul Azhar was seated next to him when he told him about the matter during the flight to
Mastor also said yesterday that following orders from Syed Ismail, he left for
Hazman Ahmad (ABOVE), counsel for Azilah, objected to Mastor's testimony today and asked that it not be recorded before the court could decide whether his client's confession was made voluntarily, reports Bernama.
Hazman: As long as Datuk Syed (Ismail) is not called, the witness' testimony is based on hearsay. We do not know whether the first accused made a confession to Datuk Syed (during interrogation). His (witness) testimony incriminates my client. If the witness is allowed to continue, it would be in the court records and would influence the court. It's better to hold a trial-within-a-trial.
The court then began a trial-within-a-trial to decide whether the confession made by Sirul Azhar was voluntary and without threat or force. The witness was again asked to take his oath to tell the truth before judge Datuk Mohd Zaki Md Yassin.
Mastor, who has been with the UTK for 19 years, said when tasked with bringing back Sirul Azhar from
Tun Abdul Majid (ABOVE) What was the reason you gave to bring the second accused back when you met him in
Mastor: The reason I gave was that his ex-wife had lodged a report against him over a domestic problem and that he should return to
Tun Abdul Majid: Did he believe the reason?
Mastor: I had a feeling he believed it.
Mastor said on the flight back to
Tun Abdul Majid: What did you tell him?
Mastor: I told him that the CID deputy director Datuk Syed Ismail had instructed me to bring him back to
Hazman once again objected to the recording of the testimony.
Tun Abdul Majid explained: We need to know what made the second accused confess. So, this evidence is relevant. Only the confession will be an issue, whether it was made voluntarily or not. If later it is decided that it (confession) was not done voluntarily, everything would be wiped out.
Judge Mohd Zaki: It was not a confession, but the real reason that the witness told to the second accused. Continue.
Mastor said although he expected Sirul Azhar to respond, he never coerced, forced, encouraged, pressured or promised him anything.
He said as Sirul Azhar's superior, he only asked him to tell the truth.
"I told him that the case was now in the open, Azilah had divulged what happened and so there was no need to hide anything," said Mastor, adding that Sirul Azhar was trembling and appeared anxious and took two to three minutes before he spoke.
Mastor said he did not record Sirul Azhar's response to Azilah's allegation as he was asking him as his superior and not as an interrogator.
He said on arrival at the KLIA, he informed Syed Ismail about Sirul Azhar's reply before handing him over to the D9 Unit in the
Cross-examined by Sirul Azhar's counsel, Kamarul Hisham Kamaruddin (ABOVE) , Mastor said he knew of Sirul Azhar's involvement in the case before meeting up with him in
Mastor admitted to not giving Sirul Azhar earlier the real reason for bringing him back to
He said in the car to
Kamarul Hisham also queried the witness on the questions that were posed to his client and the answers given during the flight from
Kamarul Hisham: Did you pose the questions to him in a commanding manner?
Mastor: Yes.
Kamarul Hisham: He responded?
Mastor: Yes.
Kamarul Hisham: Did you know then that whatever he told you could be used against him in court?
Mastor: Yes.
Kamarul Hisham: Do you agree that each time before the second accused replied, you did not caution him?
Mastor: Agree.
The witness also said that a special team of five to 10 UTK members was instructed to wait for their arrival at KLIA.
Sirul admits giving statement to superior officer
SHAH ALAM (July 5, 2007): Cpl Sirul Azhar Umar today admitted making a statement pertaining to his alleged involvement in Altantuya Shaariibuu's murder to a superior officer. He told the High Court here that that he did so out of restlessness after being asked repeatedly by ACP Mastor Mohd Ariff on a flight from
He said Mastor often raised his voice to get his response to Chief Insp Azilah Hadri's accusation that he had murdered and blown up a Mongolian woman.
Azilah, 30, and Sirul Azhar, 35, have been charged with murdering the 28-year-old woman.
Mastor had earlier told the court that he was ordered to go to
On the way back, they made a stop over in
Sirul Azhar made the admission when examined by his counsel, Kamarul Hisham Kamaruddin, in the trial-within-a trial to determine the admissability of his statement to Mastor in the trial proper.
ABOVE: Sirul as seen by the court artist in explaining th circumstances of his confession
Earlier, when asked by Deputy Public Prosecutor Tun Abdul Majid Tun Hamzah, Sirul Azhar initially said he had never made any statement pertaining to his alleged involvement in the murder but changed his reply after been asked more than three times. Tun Abdul Majid: I say after two or three minutes Mastor gave the exact story (on Altantuya's murder), telling you what he had been told, you gave a response, reply or statement to him.
Sirul Azhar: Now I remember. I did give a statement.
Tun Abdul Majid: Is it now you just remember that Mastor did not ask repeatedly?
Sirul Azhar: He did, he asked repeatedly.
Sirul Azhar repeatedly said several times that the statement he made was following Mastor's firm tone, as though a demand. Mastor was then a commanding officer with the rank of superintendent in the Special Action Squad in which Sirul Azhar is a member.
"In the initial stage, his tone was less firm. Subsequently, he raised the tone and sounded firm. My feeling at the time was very shivering," Sirul Azhar said.
When asked by Kamarul Hisham why he changed his reply, he said: "I am confused because of too many questions". He said when he was told that he had to return to
Asked why he did not believe the reason given by Mastor, Sirul Azhar said: "I did not believe it because we separated in 2004 peacefully without any family conflict. Therefore, I feel his statement cannot be trusted." He also said that when Mastor sat beside him in the plane, he became afraid because superior officers seldom met and talked with him. At the time, he was still thinking of what had happened to his wife.
Replying to Tun Abdul Majid who asked whether he felt that the excuse given was too petty because he had thought of something bigger and knew the reason, Sirul Azhar said: "I did not think towards that."
He said the anxiety seen in him at the time was because be thought his ex-wife could have been murdered. Besides, he said, he trembled while being with Mastor because of fear of the consequence if he was to be accused of murder.
When asked what would happen if he did not follow Mastor's order and tried to escape, he said: "I will be arrested. I am worried if disciplinary action is taken, including being sacked and so on."
Sirul Azhar said before he was brought home, he was assigned to give security escort to Datuk Seri Abdullah Ahmad Badawi in
Kamarul Hisham: Before you went for the assignment, did you apply for the issue of weapon?
Sirul Azhar: Yes, I did. I applied for the weapon on the 30th, a day before departing for
Kamarul Hisham: After receiving the weapon, is it a UTK (Special Action Squad) procedure you have to keep the weapon until the duty ends?
Sirul Azhar: Yes.
Kamarul Hisham: Morning,
Sirul Azhar: In the morning, I was assigned as a personal bodyguard to YAB PM. Then, I was on duty in a hotel in
Sirul Azhar, who has served with the UTK for 11 years, said he had never disobeyed orders and always followed those of his superior without question. He said on the way home, they stopped in
"If from the hotel in
Sirul Azhar murdered Altantuya, says police deputy commander
SHAH ALAM (July 5, 2007): The deputy commander of the police elite special action squad (UTK) said he was informed that Cpl Sirul Azhar Umar, the second accused in the Altantuya Shaariibuu murder trial, killed the Mongolian Russian interpreter last October.
Asst Comm (ACP) Mastor Mohd Ariff, the second in command in the UTK branch where Sirul Azhar, 35, was attached to, said the then Federal CID deputy director Datuk Syed Ismail Syed Azizan told him that it was Sirul Azhar who committed the murder.
Syed Ismail got the information from Chief Insp Azilah Hadri, 30, the first accused in the high-profile murder trial. Mastor, 45, the 11th prosecution witness, said while on a MAS flight from
High Court Judge Datuk Mohd Zaki Md Yasin then ordered for a trial-within-a-trial to determine the voluntariness of Sirul Azhar’s confession. Giving evidence in the trial-within-a-trial, Mastor said he later asked Sirul Azhar to tell the truth. "The story has been exposed. I hope you tell the truth and you cannot hide anything," he said. Mastor said he observed that Sirul Azhar appeared worried and he responded late, about two or three minutes later.
Queried by lead prosecutor Tun Abdul Majid Tun Hamzah, Mastor said he did not threaten, coerce or persuade Sirul Azhar to reply. Azilah and Sirul Azhar, both from Bukit Aman-based UTK operatives, are charged with murdering 28-year-old Altantuya here between
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Altantuya murder trial: Sirul Azhar did it, said 11th witness
Bernama, SHAH ALAM, Thurs:
The deputy commander of the police elite Special Action Squad (UTK) said he was informed that Corporal Sirul Azhar Umar, the second accused in the Altantuya Shaariibuu murder trial, killed the Mongolian model in October last year.
ACP Mastor Mohd Ariff, the second in command at the UTK branch where Sirul Azhar, 35, was attached to, said the then Federal CID deputy director II (Administration) Datuk Syed Ismail Syed Azizan told him that it was Sirul Azhar who committed the murder.
Syed Ismail got the information from Chief Inspector Azilah Hadri, 30, the first accused in the high-profile murder trial.Mastor, 45, the 11th prosecution witness, said while on a MAS flight from
Testifying on the 14th day of the murder trial, Mastor said Syed Ismail told him that Azilah had revealed during investigations into the murder case that the Mongolian model had been murdered and her body was blown up with explosives and that it was Sirul Azhar who did that.
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