PRESENT POINT POWER

Go H E RE on Day 17 Trial

July 11, 2007 19:01 PM
Abdul Razak Did Not Resist Arrest, Says Witness

ABOVE & BELOW Right: DSP LIM - 14th witness, who made the arrest of Abdul Razak

SHAH ALAM, July 11 (Bernama) -- Political analyst Abdul Razak Abdullah Baginda did not put up any resistance and cooperated fully with the police when arrested at his office in connection with the death of Mongolian Altantuya Shaariibuu, the High Court here was told today. DSP Lim Meng Seah, 44, said Abdul Razak even served refreshments to him and the other seven police officers who had gone to Abdul Razak's office at Bangunan Getah Asli in Kuala Lumpur to effect the arrest last Nov 7. Lim, the 14th witness, said this under cross-examination by Abdul Razak's counsel, Wong Kian Kheong, in the Altantuya murder trial which entered its 17th day today.

He said he was instructed by DSP Gan Tack Guan to arrest Abdul Razak for interrogation into Altantuya's death. He said he also seized several items including a laptop and five letters in a Hotel Malaya envelope which contained, among others, notes saying "you love money or love your life" and "I came with my father, waiting outside" from Abdul Razak's office. Abdul Razak is charged with abetting Corporal Sirul Azhar Umar, 35, and Chief Insp Azilah Hadri, 30, of the Special Action Unit who are accused of murdering Altantuya, 28, here between 10pm on Oct 19 and 1am on Oct 20 last year.

Under examination-in-chief by deputy public prosecutor Manoj Kurup, Lim said Abdul Razak was taken to the Kuala Lumpur police headquarters in a police van and was not handcuffed because he was not violent. He then handed Abdul Razak to Gan.
Lim, who is now attached to the Subang Jaya police headquarters, said that among others, he seized two handphones and a visitors book when he arrested Abdul Razak at his office at the Malaysian Strategic Research Centre on the 10th floor of the building last Nov 7.

He said he returned to the office with Abdul Razak two days later and the latter handed him the Hotel Malaya envelope with the five letters which was kept in a drawer. One of the "letters" in the envelope was blank, said Lim who then identified the letters which he said he had read and they were marked as exhibits. He also seized a laptop from the office, he added.

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July 11, 2007 20:19 PM
'I'm Not The Only One Not Following Procedure,' UTK Personnel Says

SHAH ALAM, July 11 (Bernama) -- A woman member of the Special Action Squad (UTK) told the High Court here today of the carelessness of her and her colleagues by not recording the number of bullets and magazines issued to UTK personnel. "I am not the only one not following the procedure but other members also," said Constable Fatimah Abd Wahap of the weaponry division in Bukit Aman in the trial for the murder of Mongolian woman Altantuya Shaariibuu. She was earlier asked to refer to the weapons in and out register from Sept 29 to Nov 2 last year which contained 65 entries but only 16 of them stated the number of bullets and magazines issued. Of the 16, two were entered by her.

"It was my mistake because I forgot to write it down," said Fatimah who looked stressed and changed her statements several times. Judge Datuk Mohd Zaki Md Yasin also repeatedly asked Fatimah about her failure to properly make the record which he said was very important, before adjourning the proceedings

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ABOVE & BELOW: Sirul Azhar caught coming out of the lift at Day 16 of Trial

Malaysiakini beats Bernama in the Breaking news on the rejection of Sirul's Confession;

at 3.14pm versus 4.28pm

ABOVE: Day 16 Trial: Kamarul Hisham was elated over the rejection of his client's Confession

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'Confession' inadmissible; R. Surenthira Kumar and Maria J. Dass, SUN
DAY 16

SHAH ALAM (July 10, 2007): The High Court has ruled as inadmissible the "confession" made by murder accused Cpl Sirul Azhar Umar to his superior ACP Mastor Mohd Ariff in the Altantuya Shaariibuu murder trial. Making the ruling after a trial-within-a-trial, Justice Datuk Mohd Zaki Md Yasin said: "There was clear inducement on Mastor's part in procuring the confession from Sirul Azhar. It was not made voluntarily and is thus inadmissible." The ruling to reject the "confession" is a second blow to the prosecution's case.

Early last week, the prosecution had tried to impeach its star witness, L/Cpl Rohaniza Roslan, for giving evidence contradictory to what she had said in her witness statement to the police. The judge will only decide on her credibility at the end of the prosecution's case. Before he gave his ruling, Mohd Zaki weighed the arguments from Sirul Azhar's counsel, Kamarul Hisham Kamarudin, and DPP Tun Abdul Majid Tun Hamzah during the trial-within-a-trial to determine the voluntariness of the "confession".

The alleged "confession" was made by Sirul Azhar to Mastor while they were on a flight back from Bangkok to Kuala Lumpur last Nov 6. It has yet to be revealed in court. Questioning the voluntariness of the confession, Mohd Zaki said Mastor told the court he was asked to get a response from Sirul Azhar, and that when he reached KL International Airport he had phoned Crime Investigations Department deputy director II Datuk Syed Ismail to inform him of the "confession". "The question is 'Did Syed Ismail ask Mastor to do so, and did Mastor tell Sirul Azhar this?'" he asked. Furthermore, Sirul Azhar had said that Mastor, who is the UTK (Special Action Unit) deputy commander, kept asking him over and over again in a commanding voice, and that he answered because he was afraid that disciplinary action would be taken against him, said Mohd Zaki.

To Sirul Azhar, this was an order from a superior and he was a lower-ranking operative in the UTK who is said to be like robots who do not question orders, he said. "In my opinion, the statement by Mastor to Sirul Azhar 'you better tell the truth, everything has been exposed, there is nothing to hide' must be approached in a common sense way because its effect is that Sirul Azhar has to give something (a response) and not nothing," said Mohd Zaki. Sirul Azhar was also said to be caught in an "extremely compromising situation" as he knew why he was being brought back, however there was no caution given, he said.
Mohd Zaki also ruled that Sirul Azhar was not under arrest or custody although he was relieved of his weapon and was asked to leave his things behind.

"Sirul Azhar was relieved of his escort duties and, therefore, had to hand over his weapon to his replacement, thus this does not imply that he was under arrest," he said. "It is also stretching it too far to say that Sirul Azhar was arrested only because he was sandwiched between two escorting officers in the four-wheel drive which took them to the airport and because he was escorted to the toilet during two transit stops, and made to carry a backpack which would have made it easier for him to be caught if he tried to run away."

Mohd Zaki said Sirul Azhar also willingly followed Mastor back when he was initially told that the reason for him being brought back to Malaysia was to clear the police name following a report lodged against him by his former wife.

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ABOVE & BELOW: The accused Azilah & Sirul arriving on Day 16
and BELOW: Abdul Razak (3rd accused) still smiling on a murder trial on Day 16
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Cops can't take orders from civilians: Mastor

SHAH ALAM (July 10, 2007): Special Action Unit (UTK) deputy commander ACP Mastor Mohd Ariff testified today that police personnel cannot take instructions from civilians. Mastor said this when cross-examined by Abdul Razak Baginda's lawyer, Wong Kian Kheong, after the court had ruled the "confession" extracted from Cpl Sirul Azhar Umar was inadmissible as evidence.

Wong: If a police officer takes a directive from a civilian, he is liable to face action, do you agree?
Mastor: Do not agree.
Wong: If a civilian asks you to kill a person, what will your action be?
Mastor: I will not do it.
Wong: You can also arrest that person immediately?
Mastor: To kill what?
Wong: If a civilian asks you kill someone, will you arrest him?
Mastor: I do not know.
Wong: If a civilian asks you to kill someone, will you lodge a police report?
Mastor: Yes.
Mastor also said there had been no complaints against the first accused, Chief Insp Azilah Hadri, since he joined the police force as a probationary inspector on Jan 8, 2003.
Replying to questions by DPP Tun Abdul Majid Tun Hamzah earlier, he said he handed Sirul Azhar over to the head of the serious crimes division in the Kuala Lumpur police contingent headquarters, Supt Zainol Abu Samah, after bringing him back from Pakistan. Asked by lawyer Kamarul Hisham Kamaruddin about the bunch of keys he seized from Sirul Azhar after he was relieved of his duties, he said the keys exhibited in court were not the same. Asked how he could differentiate them, he said the bunch of keys, numbering more than three, was shiny but the three keys shown to him in court yesterday were old ones.

Asked if Sirul Azhar had undergone expertise training overseas on the use of explosives,

Mastor said he had only undergone bodyguarding training.
He was also queried about the weapons used by the UTK and the procedures adopted when officers and lower-ranking personnel in the unit applied for weapons from the store.
Mastor said the weapons in the store consisted of 9mm calibre pistols, Glock 9mm pistols and Heckler & Koch MP 5 sub-machine guns.

He said the store had 164 units of 9mm calibre pistols and 174 Glock pistols, of which 10 were equipped with silencers.
He also said the other units in the police force used the same weapons but he did not know how many guns they had.
He did not know whether the explosives used by the UTK were similar to those used by the armed forces.
Mastor also testified that the weapons store was divided into two sections, one managed by a corporal and the other by a lance corporal.

What happened - (Day 16) of Trial
* There was no hearing in the morning. At 2pm, judge Datuk Mohd Zaki Md Yasin gave his decision on the admissibility of murder accused Cpl Sirul Azhar Umar's alleged "confession" that was made to his superior, ACP Mastor Mohd Ariff. He ruled that it could not be accepted as a statement in the trial as it was not made voluntarily.
* Mastor continued his testimony until court adjourned.
DPP dealt major blow
Judge: Sirul's confession' inadmissible
The prosecution's case in the Altantuya Shaariibuu murder trial suffered a big blow yesterday Ð the "confession" that second murder accused Cpl Sirul Azhar Umar allegedly made to his special action force superior ACP Mastor Mohd Ariff was ruled inadmissible.
Judge Datuk Mohd Zaki Md Yasin said he could not accept the "confession" as a statement in the trial because it was not made voluntarily.

"There was clear inducement on Mastor's part in procuring the confession from Sirul Azhar," he said yesterday afternoon after hearing submissions from both sides on Monday. This is the second setback for the prosecution in as many weeks. Early last week, the prosecution took steps to impeach its star witness L/Cpl Rohaniza Roslan for giving evidence contradictory to what she had said in her witness statement. The judge will only decide on her credibility at the end of the prosecution's case. The trial goes into its 17th day tomorrow.

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Latest Update
July 10, 2007 16:28 PM

Sirul Azhar's Confession Expunged

SHAH ALAM, July 10 (Bernama) -- The confession of corporal Sirul Azhar Umar who is accused of murdering Mongolian Altantuya Shaariibuu was ruled inadmissible by the High Court here Tuesday. Justice Datuk Mohd Zaki Md Yasin ruled that the confession was not made voluntarily because there was an inducement by Sirul Azhar's superior, Special Action Unit Deputy Commander ACP Mastor Mohd Ariff, to procure the confession from Sirul Azhar. He made the ruling after a trial-within-a-trial to determine whether the confession was made voluntarily. The trial-within-a-trial was held after Sirul Azhar's counsel, Kamarul Hisham Kamaruddin, objected to the confession being admitted as evidence. Sirul Azhar, 35, and Chief Insp Azilah Hadri, 30, both from the Special Action Unit, are charged with murdering Altantuya, 28, here between 10pm on Oct 19 and 1am on Oct 20 last year. Political analyst Abdul Razak Abdullah Baginda is charged with abetting them.
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July 10, 2007 19:47 PM

Sirul Azhar On Office Duty The Day Altantuya Was Murdered

SHAH ALAM, July 10 (Bernama) -- Bukit Aman Special Action Squad (UTK) deputy commander ACP Mastor Mohd Ariff (ABOVE, arriving on Day 16) said Corporal Sirul Azhar Umar was on duty at the office on Oct 19 and 20 last year during which Altantuya Shaariibu was murdered.

The 11th prosecution witness in the trial for the Mongolian woman's murder which entered its 16th day today also said a UTK personnel assigned to office duty was not supplied with firearm. Weapon and ammunition would only be issued if the personnel were called for field work, he said when cross-examined by counsel Kamarul Hisham Kamaruddin, who represents Sirul Azhar, 35. Sirul Azhar and Chief Inspector Azilah Hadri, 30, both from the UTK, are charged with murdering Altantuya, 28, here between 10pm on Oct 19 and 1am on Oct 20 last year. Political analyst Abdul Razak Abdullah Baginda, 46, is charged with abetting them.
Kamarul Hisham: "They cannot hold weapon unless they receive a specific UTK commander approval."
Mastor: "Agree."
Kamarul Hisham: "The weapon is recorded when issued and returned. Are the bullets also recorded?"
Mastor: "Yes."
On the use of explosives, Mastor said that for training, the team leader would apply for its issue and for the UTK, only one individual was responsible over such training.

"Only DSP M. V. Sri Kumar handles all basic training with explosives and he will make the application for the issue of explosives and anyone under his supervision can make the issue," he said.
When asked whether Sri Kumar was also responsible over the balance of the material after the exercise, Mastor said: "Yes."
However, he disagreed when suggested to him that Sri Kumar would collect the balance to be returned to the ordnance store, and said that anyone could do so when ordered by Sri Kumar.
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July 10, 2007 20:14 PM
Keys Shown In Court Are Not The Same I Received From Sirul - Mastor
SHAH ALAM, July 10 (Bernama) -- A bunch of three keys produced in court is not the same handed to the Special Action Squad (UTK) deputy commander ACP Mastor Mohd Ariff by Corporal Sirul Azhar Umar, the second accused in the murder trial of Mongolian woman Altantuya Shaariibuu. Cross-examined by Kamarul Hisham Kamaruddin, counsel for Sirul Azhar, 35, Mastor, 45, said there were more than three keys in the bunch of keys handed to him by Sirul Azhar in the aircraft while they were returning to Malaysia from Pakistan.

(Mastor was bringing back Sirul Azhar from Pakistan where the latter was on escort duty during Prime Minister Datuk Seri Abdullah Ahmad Badawi's official visit to that country). During re-examination by lead prosecutor Tun Abdul Majid Tun Hamzah, Mastor was asked to verify whether the bunch of keys shown to him in court today were the same with that given to him by Sirul Azhar. Mastor said the keys he received were old ones and not shining like the ones shown to him today. Tun Abdul Majid: You told the court that you cannot recognise the keys. Can you verify the keys which you received?
Mastor: The keys that I received were old ones. Not shining like this.
Tun Abdul Majid: Were the keys you received rusty?
Mastor: They were old keys.
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