MORE PICS & Video – Day 25 Altantuya Murder Trial; DSP Zainudin Accused of Lying, & Carelessness; Azilah Resume revealed – No Liking for Lying
ABOVE & BELOW: As usual Malaysiakini always have the early news on the same day with an afternoon & evening Coverage of the Day 26 Trial. Details H E R E & H E R E by subscription
= = == == = == = = =1. Prosecution witness' statement EXPUNGED
2. ASP: I was instructed to arrest Azilah
R. Surenthira Kumar and Maria J. Dass; SUN
DAY 26
SHAH ALAM (July 26, 2007): The High Court today expunged a statement by a prosecution witness that Cpl Sirul Azhar Umar had told him where Altantuya Shaariibuu was murdered. Justice Datuk Mohd Zaki Md Yasin ordered that the testimony by Chief Insp Kamaroszaman Othman be expunged from the record as the information given by Sirul Azhar during the 20-minute interrogation by Kamaroszaman on Nov 6 was not within the ambit of Section 8 of the Evidence Act 1950. The prosecution had sought to admit the information as evidence under Section 8 to show that there was a disclosure by Sirul Azhar which led police to the crime scene.
Kamaroszaman, of the Bukit Aman interrogation branch, had earlier told the court that Sirul Azhar told him the murder took place in Puncak Alam, Shah Alam, near a PUAS water tank. He said this during examination-in-chief by DPP Tun Abdul Majid Tun Hamzah who wanted to know what information he had obtained from Sirul at the Kuala Lumpur Police Contingent headquarters (IPK KL).
Kamaroszaman said Sirul told him he could tell the truth and point out the location. "I then made it seem that I did not take note of what he said and asked him what he said again. He then told me the incident took place in Puncak Alam, Shah Alam, near the PUAS water tank ..."
Sirul's counsel Kamarul Hisham Kamaruddin objected, saying this was a statement as defined under Section 27 of the Evidence Act. The proper procedure as in Tan Hung Song is to get the evidence to the discovery first, otherwise it will be prejudicial at this stage."
Tun Abdul Majid : This is not section 27. If we are mindful to follow Tan Hung Song, then well and good, as I did with the first accused (Azilah Hadri). But now the facts presented by the witness has no value anymore, because the leading discovery is only involving the first person to give the discovery. This witness (Kamaroszaman)' statement is only pertaining conduct."
Judge Mohd Zaki Md Yasin then asked the DPP to continue with his questioning to determine if the statement was leading to a discovery.
Kamaroszaman then continued and said the jungle in Puncak Alam was a place where he used to recce for hunting. He said after this he called L/Cpl S.Sivakumar and asked him to call C/Insp Koh Fei Cheow to take Sirul.
Koh came in with ASP Tonny Lunggan to take Sirul and when Koh had taken Sirul away, Kamaroszaman said he told Tonny about the disclosure by Sirul. Kamroszaman then said he followed the convoy to the crime scene although the interrogation had been completed, and even though there were no instructions for him to do so. The court erupted in laughter when Kamaroszaman told them that he had just joined a convoy that was leaving IPK KL although he had no idea where it was going and who was in the convoy. "I saw them leaving IPK in a group and when I saw this, I just followed."
Kamaroszaman said he followed the convoy all the way to the foot of the hill near the crime scene, but could not drive up the hill with his Iswara. He said since he could not go up the hill, he went back home. Kamaroszaman had the court in stitches again when he said he did not know the place, but felt that there was an ITM (Institute Teknologi Mara) in the area.
Mohd Zaki then asked Kamaroszaman: "Where is this place, Kedah,
"I think it was Selangor," Kamaroszaman replied.
Mohd Zaki then asked what the status of the information was.
Tun Abdul Majid:This is more of a chain of information - not under section 27 (Evidence Act) and is only with regard to Section 8 (Evidence Act pertaining conduct) and based on the fact that the witness (Kamaroszaman) was told and the witness was then taken there.
Kamarul: (ABOVE) We are applying for this statement (on the crime scene) to be expunged because it is not a statement under Section 27 of the Evidence Act and is non-admissable.
A disclosure that does not lead to discovery is highly prejudicial and if convicted, the conviction will be quashed."
Tun Abdul Majid We are not putting this under section 27, but we are putting in under Section 8 for conduct, and evidence which is not relevant will be disregarded."The words "can show the crime scene" coupled will conduct will show if this witness is not called, it can be taken against the prosecution on why this witness was not called.
"In anticipation of this, we call him to show that there was a disclosure, and that amounts to conduct to show that Sirul did lead the police to the scene." he said.
The leading to discovery itself is of no value at all.
Mohd Zaki: It is of no value but you want it here? As to knowledge?
Tun Abdul Majid: Yes, knowledge.
The court then took a 15 minute break after which Zaki allowed the expunging of the information pertaining the disclosure.
"As a statement can give a clear picture of the real story, the information including that pertaining to the PUAS water tank and hunting recce is not information and not conduct under Section 8 of the Evidence Act," he ruled.
"Section 8 does not include statements, therefore this statement is expunged," he said.
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ABOVE: The accused Abdul Razak arriving on Day 26 Trial; BELOW: the hooded accused Azilah & Sirul
2. ASP: I was instructed to arrest Azilah
Zulkarnain: I was instructed to arrest Azilah when he surrenders at the D9 office.
Tun Abdul Majid: Did he come and surrender?
Zulkarnain: Yes.
Tun Abdul Majid: What time?
Zulkarnain: About 11am.
Tun Abdul Majid: You arrested Azilah as soon as he arrived at IPK KL?
Zulkarnain: Yes, in the D9 office.
Tun Abdul Majid: Immediately after arresting Azilah, what did you do?
Zulkarnain: I seized a Nokia handphone, two SIM cards and a wallet belonging to Azilah.
Zulkarnain also told the court he interrogated Azilah for about two hours at the D9 office but did not obtain any information.
He informed his immediate superior, DSP Gan Teck Guan, about the arrest and seizure of Azilah's personal belongings.
After Azilah was returned to the lock-up, Zulkarnain said he instructed one of his men to arrest L/Cpl Rohaniza Roslan in the Petaling Jaya district police headquarters.
They also seized a red Proton Wira Aeroback belonging to Rohaniza and took it back to IPK KL and handed over the car keys to the investigating officer, ASP Tony Lunggan.
On Nov 6, Zulkarnain said he followed a team of police officers and men, headed by Lunggan, together with Cpl Sirul Azhar Umar, to the scene where the alleged crime took place, at about
When Zulkarnain went on to say further, after he claimed Sirul Azhar showed and pointed the location where the crime allegedly took place, Sirul Azhar's lawyer, Kamarul Hisham Kamaruddin, objected.
Judge Mohd Zaki Md Yasin: The word cannot be recorded. Just say Sirul Azhar showed a spot near the bushes, that's all.
Tun Abdul Majid: After that, anything else said?
Zulkarnain: Yes, he showed the spot where the woman ...
Kamarul Hisham: Objection, this is clearly Section 27 (of the Evidence Act). It was attempted to be adduced under the Section. It amounts to a confession or admission and it is not admissible.
Mohd Zaki: The earlier objection, I did not record.
Tun Abdul Majid: It will not be Section 27 anymore. Even if it is, it has no value as the police had discovered the place earlier through another accused. Again, if an accused person said, this is the place ..., it is still admissible under Section 8. At most, it shows knowledge. At this particular stage, I'm afraid I have to request for a full submission under Section 8 as I will request for your lordship to review your earlier ruling at the end of the prosecution case.
Mohd Zaki then told both parties to submit further on the issue on Monday.
What happened today (Day 26)
* Head of interrogation unit at Bukit Aman police headquarters DSP Zainudin Abdul Samad ended his testimony, after re-examination by the prosecution.
* Chief Insp Kamaroszaman Othman, of the Bukit Aman interrogation branch and who had interrogated murder accused Cpl Sirul Azhar Umar, testified. * After him, ASP Zulkarnain Samsudin, an officer with the KL Serious Crimes Division who arrested Chief Insp Azilah Hadri, took the stand before court adjourned. The trial resumes on Monday (July 30).
ABOVE: The boxes of evidence on Day 26 Trial
Prosecution Fails To Admit Sirul Azhar's Disclosure Of Crime Scene
SHAH ALAM, July 26 (Bernama) -- The prosecution suffered another blow when it failed to get the High Court to admit Sirul Azhar Umar's information to the police disclosing the location where Mongolian Altantuya Shaariibuu was murdered. Justice Datuk Mohd Zaki Md Yasin ordered that the information produced by the prosecution through its 22nd witness, Chief Insp Kamaroszaman Othman, be expunged from the record. In his oral ruling, Mohd Zaki held that the information given by Sirul Azhar, the second accused, during the 20-minute interrogation by Kamaroszaman (BELOW) on Nov 6 last year was not within the ambit of Section 8 of the Evidence Act 1950.
The prosecution had sought to admit the information as evidence under Section 8 to show that there was a disclosure by Sirul Azhar which led the police to the crime scene. Mohd Zaki ruled that the information given by Sirul Azhar was a statement and Section 8 did not include statement. Sirul Azhar, 36, together with Chief Insp Azilah Hadri, both of the Bukit Aman Special Action Force, are charged with murdering Altantuya, 28, at a location between lots 12843 and 16735, Mukim Bukit Raja, between 10pm on Oct 19 and 1am on Oct 20 last year. Political analyst Abdul Razak Abdullah Baginda, 47, is charged with abetting them in the Federal Territory of Kuala Lumpur between
The judge also ruled that the information given by Sirul Azhar did not fall under the ambit of Section 27 of the Evidence Act. Under Section 27, it must be proven whether or not information leading to the discovery of crime scene given by a accused person under police custody is a confession of guilt. Earlier, when Kamaroszaman, 44, from the interrogation branch of the Bukit Aman CID revealed the information which he had obtained from Sirul Azhar during interrogation, Sirul Azhar's counsel, Kamarul Hisham Kamaruddin, objected to its admissibility under Section 27 of the Evidence Act.
Deputy public prosecutor Tun Abdul Majid Tun Hamzah, however, said that the prosecution was not adducing the information under Section 27 but under Section 8.
Kamarul Hisham then applied for Kamaroszaman's evidence relating to the information to be expunged from the record as it was not evidence under Section 27. He also said that the evidence was not within the ambit of Section 8 as Sirul Azhar's conduct during the journey to the alleged crime scene was not known to Kamaroszaman.
The court on July 10 also threw out Sirul Azhar's alleged confession to the crime.
ABOVE: Karpal Singh, holding watching brief for Altantuya family & the Mongolian Government arriving in court
Court resumes on Monday 30th Jul 2007
= == = =Watch Video Clip 1 min 50s - Day 26 Trial
being edited and loading soon
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= == = = == = = == = Below Day 25 Trial Jul 25 07
ABOVE: An artist impression of the Court on Day 25 Trial on Jul 25 07
ABOVE & BELOW: Malaysiakini Headlines for story on Day 25 Trial; get a subscription and read more Here
and the evening 2nd updated report, Details H E R E by Subscription
= = == = = 1. You're lying, counsel tells officer
2 .Azilah said he didn't like to lie: Witness
Maria J. Dass; Sun
SHAH ALAM (July 25, 2007): The Altantuya Shaariibuu murder trial grew tense today when defence counsel Hazman Ahmad accused prosecution witness DSP Zainudin Abdul Samad of lying.
He suggestted that Zainudin had deliberately tried to suppress evidence by not recording the details of his visit to the alleged crime scene in his investigation diary and official diary.
During cross-examination, Hazman asked Zainudin if he had made or received any phone calls while on the way to the scene in Puncak Alam from the Kuala Lumpur Police Contingent headquarters (IPK KL).
Zainudin:(ABOVE) I do not remember receiving any calls but I remember making a call to my detective L/Cpl Jana (D. Janagaran Balasubramanian) to tell him I will not be coming into office as I was following Chief Insp Koh (Fei Cheow) to the crime scene.
Hazman: You only made one call. I will provide evidence that you had made and received calls.
Zainudin: As far as I remember, I only made one call to L/Cpl Jana.
Hazman (in a raised voice): I say you are lying beause Jana was at the crime scene on that day.
Zainudin: I did not notice and I don't know.
Hazman: The whole investigation team was at the scene, including Jana.
Zainudin: I did not notice.
Hazman then went on to suggest that Zainudin and Koh had made and received calls to obtain directions to the crime scene, which Zainuddin refuted.
Later, Hazman asked if Zainudin had noted down the details during the visit to the scene and asked if he knew that he may be called as a witness, especially in a high-profile case such as this.
Zainudin said he did not do so because he was not conducting any investigation at the scene but merely accompanying Koh so he could get a clearer picture.
When questioning Zainudin, Hazman suggested he had been careless by failing to record what happened at the alleged crime scene.
Hazman: In a case like this, failure to record important issues can be considered a breach of discipline.
Zainudin: I agree.
Hazman: Your failure to record in the book was to suppress evidence.
Zainudin: I don't agree.
Hazman: You were careless in this matter, agree?'
Zainudin: Agree.
Hazman: You are the highest ranking officer in the interrogation department, agree?
Zainudin: Agree.
Hazman: And for nine months (after the alleged murder was discovered) you did not keep a note book?
Zainudin: I don't remember where I put it. I can look for it.
Hazman: You don't remember where you kept a note book involving a case as big as this?
Zainudin: True.
= = == = == =
During re-examination, DPP Tun Abdul Majid Tun Hamzah asked Zainudin on the need for an investigation diary when he only visited the scene and Zainudin said he did not conduct any investigation there.
Zainudin also agreed that he did not need an investigation diary since he was not doing an investigation at the scene. He also said Azilah was not threatened or mentally tortured as suggested by Hazman earlier.
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2 Azilah said he didn't like to lie: Witness
SHAH ALAM (July 25, 2007): A police officer told the High Court here today that murder accused Chief Insp Azilah Hadri had told him he did not like to lie.
DSP Zainudin Abdul Samad, the 21st witness, said Azilah had said this during the time he was interrogated over five days.
Zainudin, 52, head of the interrogation unit at the Bukit Aman police headquarters, gave this reply under cross-examination by Azilah's counsel, Hazman Ahmad, when the lawyer asked him what Azilah hated most.
Zainudin (ABOVE) said Azilah had also told him Azilah was an intelligent person and that he liked to fast and that he had fasted even in detention.
He said Azilah, who hails from Sarikei,
Under re-examination by Deputy Public Prosecutor Tun Abdul Majid Tun Hamzah, Zainudin said that during his "interview", Azilah had stated his desire to show the place where Altantuya was murdered rather reluctantly.
Earlier, under cross-examination, he said Azilah had said he was happy to discharge his duty because he could travel overseas often.
Zainudin said Azilah, who was from a poor family, admitted to him he had a girlfriend who worked at the D7 Branch at the Petaling Jaya police headquarters.
"Azilah often referred to his girlfriend as Ani," Zainudin said.
Azilah's girlfriend, L/Cpl Rohaniza Roslan, had also testified in the trial.
Zainudin denied that Azilah had informed him he had another girlfriend whose name was Azila, almost resembling Azilah's name.
He said that after completing school, Azilah worked in Johor before joining the police force.He said Azilah first served as a crime investigation officer at the Sepang district police headquarters for five years before he was absorbed into the Special Action Unit (UTK).
Zainudin said Azilah told him his job at the UTK was to escort the prime minister and deputy prime minister and do other escort duty.Hazman: He (Azilah) told you he only did escort duty? What about other duties?
Zainudin: I was told only that.
Zainudin said Azilah had told him he had many siblings and both his parents had relocated from Sarikei to Sepang, Selangor. He said he told him his parents were old and no longer worked.
"He also told me he had an adopted child," said Zainudin, adding that Azilah did not tell him the age and gender of the child but that the child was still young.
Zainudin also said he did not know what special skills Azilah had acquired in the UTK, reports
What happened today (Day 25)
• Head of the interrogation unit at Bukit Aman police headquarters DSP Zainudin Abdul Samad, continues his testimony. He will take the stand again tomorrow.
= = == == = == = Bernama’s account
I Did Not See Any Traces Of Murder, Says Senior Policeman
SHAH ALAM, July 25 (Bernama) -- DSP Zainudin Abdul Samad told the High Court here today that he did not see any traces of murder when he was at the place where Altantuya Shaariibu was allegedly killed. The 52-year-old interrogation branch head of the Bukit Aman Criminal Investigation Department said that he went there on Nov 6 last year, he only stood next to a four-wheel-drive vehicle parked in a clearing.
The 21st prosecution witness in the trial for the Mongolian woman's murder, also said he did not follow Chief Inspector Koh Fei Cheow who went to a bushy area with Chief Inspector Azilah Hadri and several police officers. Azilah, 31, and Corporal Sirul Azhar Umar, 36, are accused of murdering Altantuya, 28, at lots 12843 and 16735 in Mukim Bukit Raja between
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SHAH ALAM, July 25 (Bernama) -- A police officer told the High Court here Wednesday that Chief Inspector Azilah Hadri, on trial for the murder of a Mongolian woman, had told him that he did not like to lie. DSP Zainudin Abdul Samad, the 21st witness in the case, said Azilah had said this during the time he was interrogated over five days.
Zainudin, 52, head of the interrogation unit at Bukit Aman police headquarters, gave this reply under cross-examination by Azilah's counsel Hazman Ahmad when the lawyer asked him what Azilah hated most.
ABOVE: The hooded accused (Azilah & Sirul) arriving in court on Day 25 Trial
Azilah, 31, and Corporal Sirul Azhar Umar, 36, both of the Bukit Aman Special Action Force, are charged with the murder of the Mongolian woman, Altantuya Shaariibuu, 28, at a location between lots 12843 and 16735, Mukim Bukit Raja, between 10 pm on Oct 19 and 1 am on Oct 20 last year. Political analyst Abdul Razak Abdullah Baginda, 47 (BELOW), is charged with abetting them in the Federal Territory of Kuala Lumpur between
BELOW: Abdul Razak Baginda, the 3rd accused arriving in court on Day 25 Trial
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ABOVE: Abdul Razak Father as seen on Day 25 Trial. A sad and disappointed man in the evening of his life that he has to endure this trial ordeal of his son
Zainudin also told the court that Azilah had also told him that he (Azilah) was an intelligent person and that he liked to fast and that he had fasted even in detention.
He said Azilah, who hails from Sarikei,
Under re-examination by Deputy Public Prosecutor Tun Abdul Majid Tun Hamzah, Zainudin said that during his "interview" Azilah had stated his desire to show the place where Altantuya was murdered rather reluctantly.
Earlier, under cross-examination, he said Azilah had said he was happy to discharge his duty because he could often go overseas.
Zainudin said Azilah, who was from a poor family, admitted to him that he had a fiancee who then worked at the D7 Branch at the Petaling Jaya police headquarters.
"Azilah often referred to his fiancee as Ani," Zainudin said when questioned by counsel Hazman.
Azilah's fiancee Lance Corporal Rohaniza Roslan had also testified in the trial.
Zainudin denied that Azilah had informed him that he (Azilah) had another girlfriend whose name was Azila, almost resembling his (Azilah's) name. He said that after completing school, Azilah worked in Johor before joining the police force.
He said Azilah first served as a crime investigation officer at the Sepang district police headquarters for five years before he was absorbed into the Special Action Force.
Zainudin said Azilah informed him that his job at the Special Action Force was to escort the prime minister and deputy prime minister and do other escort duty. Hazman: He (Azilah) told you he only did escort duty? What about other duties?
Zainudin: I was told only that.
Zainudin said Azilah had told him he had many siblings and both his parents had relocated from Sarikei to Sepang, Selangor. He said he told him his parents were old and no longer worked.
= = == = =Watch Video Clip - 1min 34 s - Day 25 Trial
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posted by multidimid at 8:16 AM
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