MORE PICS & Video – Day23 Altantuya Murder Trial; No Trial-within-Trial Now; Not exclusion of evidence adduced; Police Aware of Crime Location?
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UPDATE: Day 24 Trial on 24th Jul 07
1. I used 'soft' approach, says DSP
2 Koh denies accused made to pose
R.Surenthira Kumar and Maria J.Dass, from SUN
SHAH ALAM (
He had interrogated Azilah from Nov 2 to Nov 6 in the
Hazman: During an interrogation, from your experience as an investigating officer (IO), how do the other IOs carry out their interrogations? Do you know?
Zainuddin: I don't know.
Hazman: There are a lot of things that you don't know. In an interrogation, do you agree, besides the approach taken by you, are interrogations carried out in a physical manner?
Zainuddin: I am not aware of that.
Hazman: Do you agree, besides physically, interrogations are carried out psyshologically?
Hazman: How do you carry out interrogations psychologically?
Zainuddin: We respect the suspects and ask them to speak the truth, after getting to know them in-depth.
Hazman: Can you explain how you do that?
Zainuddin: We start by getting to know them and their background. We obtain every detail about the suspect, any anything about his family background and relationship and his likes and dislikes.
Hazman: That's all?
Hazman: When you said 'tell the truth', what do you mean?
Zainuddin: We ask the suspect to tell what had happened and that the truth be spoken without hiding anything.
Hazman: These are all criminals (pointing to the dock, where his client is seated with the two other accused), they killed, shot and blew up people and you want to obtain the truth by just asking them to tell the truth?
Hazman then sought an adjournment and said he will continue with his cross-examination tomorrow.
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Before that, during the examination-in-chief of the witness by Deputy Public Prosecutor Tun Abdul Majid Tun Hamzah, Zainuddin said he went with the police team which took Azilah to the crime scene.
He said Azilah told him on Nov 6, between and , that he could show the probable location of the crime scene.
Zainuddin said he informed the investigating officer, ASP Tony Lunggan, about the matter.
After that, Zainuddin said, Chief Insp Koh Fei Cheow together with his team wanted to take Azilah to the crime scene and he joined the group as he wanted to see the location.
Zainuddin said Koh's team arrived at the location first, after losing its way in the beginning, and Lunggan's team arrived with Sirul Azhar after that.
Zainuddin said he returned to IPK KL by hitching a ride in one of his men's car and did not stay back with Koh and Lunggan's teams as he was only concerned about seeing the location of the crime scene.
He also told Tun Abdul Majid, another team, headed by Chief Insp Kamarulzaman Othman, interrogated Sirul Azhar but he did not know the outcome of the interrogation because Kamarulzaman dealt directly with Lunggan.
The trial resumes tomorrow.
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Koh denies accused made to pose
SHAH ALAM (July 24, 2007): A police officer denied in the Altantuya Shaariibuu murder trial today that accused Cpl Sirul Azhar Umar had been made to pose for photographs that showed him pointing to a black jacket in his cupboard which contained jewellery belonging to Altantuya. Chief Insp Koh Fei Cheow, of the Kuala Lumpur Police Contingent Headquarters (IPK KL) Serious Crimes Division, denied suggestions that second accused in the Altantuya Shaariibuu murder trial Sirul, 36, had been made to pose for photographs that showed him pointing to a black jacket in his cupboard which contained jewellery belonging to Altantuya. Koh denied the suggestions during cross examination by Sirul's counsel Kamarul Hisham Kamaruddin.
Kamarul(ABOVE): We were told that when you reached Sirul's apartment, he was asked to wait in the living area while you and two accompanying officers entered his (Sirul's) room and shut the door for 15 minutes without him in the room.
Kamarul: Do you agree that after 15 minutes, Sirul was called into the room and asked to hold his jacket while a photograph of this pose was captured, and following this he was asked to point to the items recovered from the jacket so that a picture of this could be captured also.
He said ASP Zulkarnain was the one who gave the instructions for the photos to be taken, but he could not remember who the photographer was.
Kamarul also grilled Koh on why he did not record any direct or indirect speech on a confession by Sirul although he had meticulously recorded earlier details.
During re-examination DPP Tun Abdul Majid Tun Hamzah asked Koh what he meant when he told first accused Azilah Hadri's counsel Kuldeep Kumar yesterday that there was a possibility that Azilah did not know where the crime scene was.
"I said that because Azilah had told me that he was unsure of the location," said Koh.
Tun Abdul Majid also queried Koh on the alleged conversation between DSP Zainudin Abdul Samad from the Bukit Aman interrogation unit which was raised by Kuldeep yesterday.
Koh said that he was with Zainudin and Azilah all the time but he did not hear any conversation.
Asked why he had replied that he "did not know" if Zainudin had scolded Azilah when the accused told him that he did not know this place, Koh said: "I meant that I did not hear such conversation between them."
He said the duo was within earshot at all times.
Tun Abdul Majid also asked Koh about his statement yesterday that he had not made any statement on a leading discovery in his report. Koh replied that this was because he had done so in his 112 statement and investigation diary.
"The report was general, and the 112 statement is more detailed," he said.
What Happened Today (Day 24)
* Chief Insp Koh Fei Cheow, of the KL Serious Crimes Division, cross-examined by Sirul Azhar's counsel, Kamarul Hisham Kamaruddin.
* Lead prosecutor Tun Abdul Majid Tun Hamzah re-examined Koh.
* DSP Zainudin Abdul Samad, of the Bukit Aman interrogation unit, recalled by prosecution.
Witness Says Police Did Not Enter Room Before SirulSHAH ALAM, July 24 (Bernama) -- A police officer who took Cpl Sirul Azhar Umar to his house for investigation in the Altantuya Shaariibu murder today denied that Sirul Azhar was left in the hall for 15 minutes before being taken into a bedroom where the Mongolian's belongings were found. Chief Insp Koh Fei Chew, 38, of the Kuala Lumpur Police Serious Crime Division also denied that during those 15 minutes he and his men were in the room behind closed doors without Siru Azhar, the second accused.
He also did not instruct Sirul Azhar to hold a black jacket from a cupboard in the bedroom for a photographer to take a snapshot not did he ask Sirul Azhar to point to items placed on the jacket for the photo to bde taken.He made the denial under cross-examination by Sirul Azhar's counsel, Kamarul Hisham Kamarudin, in the High Court.
In his testimony last Thursday Koh said jewellery and a watch belonging to Altantuya were found in an inner pocket of a black jacket kept in a cupbourad in the two-room flat occupied by Sirul Azhar. Koh, the prosecution's 20th witness, was testifying at the trial of Sirul Azhar, 36, and Chief Insp Azilah Hadri, both of the Bukit Aman Special Action Force, 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 on Oct 18 and on Oct 19 last year. Koh said all the photos taken at the house including the ones on Sirul Azilah holding the jacket and pointing to Altantuya's jewellery were taken on the instruction of ASP Zulkarnain Samsudin.
He said Sirul Azhar led him and several policemen to his flat in Jalan Camar, 4/1 Gugusan Semarak, Section 4, Kota Damansara, Selangor, on Nov 7 last year after making a confession during an interrogation. Questioned on the contradictions between the investigation notes and the police report on the discovery of the crime scene which was made on Nov 6 last year when Koh and his team took Azilah to the scene, Koh said the investigation notes he made at the scene contained Azilah's words in indirect speech. He said he was a meticulous person and the notes regarding time which he made throughout the investigation were accurate, including the time Azilah revealed the information at , the meeting at the scene at and handing over of Sirul Azhar to the investigating officer at on Nov 6 last year.
Under re-examination by deputy public prosecutor Tun Abdul Majid Tun Hamzah, Koh said his testimony yesterday that Azilah might not have known the scene of the crime meant that Azilah did not know the exact location.
Tun Abdul Majid: That's why you lost the way several times?
Asked why he recorded Azilah's words in indirect speech and not verbatim, he said that to him, the recordings in indirect speech were sufficient.
= = == = == = = =Day 23 Trial – Jul 23 o7, Monday
ABOVE & BELOW:Though the day's headlines were eclipsed by the Investigation on RPK -Malaysia Today, Malaysiakini has two early lead stories on the Altantuya Murder Trial - Day 23 on July 23; H E R E & H E R E
1 Azilah not read his rights during arrest
2 Judge: Tell me at which point trial-within-trial should be held
R. Surenthira Kumar and Maria J.Dass; from SUN
SHAH ALAM (
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Kuldeep (ABOVE, for Azilah): Do you know that Zainudin told Azilah 'Azilah, I am very happy today, we know the location of the crime scene. You don't have to tell. Sirul has also gone back. You follow the Chinese officer who will come soon.'
Koh (ABOVE): I don't know that DSP Zainudin told Azilah this.
Kuldeep: Did Azilah then say: 'Tuan, since you know the location, why take me there.'
Koh: I totally do not know of a conversation between DSP Zainudin and Azilah.
Kuldeep: Did DSP Zainudin say: "Azilah, this is an order you have to obey. Follow and listen to our instructions. There is no need to be stubborn (Tak payah nak tunjuk kepala angin kamu).
Koh: I do not know of this conversation between DSP Zainudin and Azilah.
Kuldeep: When Azliah was brought out of the IPK KL, the manner in which he was taken to the crime scene was as if you had all knew where it was.
Koh: I disagree.
Kuldeep then suggested that during the journey, DSP Zainudin had made and received several calls and that the calls were instructions to the crime scene.
Koh said he did not know.
But Koh agreed with Kuldeep that they stopped for a while when they reached the signboard stating Puncak Niaga Empangan Tasik Subang.
He however said he did not know if Zainudin alighted from the vehicle and took some calls outside.
To a suggestion from Kuldeep that DSP Zainudin then entered the vehicle and told the driver to wait until further instructions are given, Koh said he did not hear this.
Kuldeep: A Pajero arrived about two to three minutes later and stopped at the junction and Zainudin then gave instructions to follow the Pajero.
Koh: I don't know.
Kuldeep: As both your Pajero and the one leading you went up the hill towards the crime scene, there was a motorcycle with one rider making it's way down the hill.
Koh: I don't remember.
Kuldeep: When your Pajero stopped at the open space, you and Zainudin alighted and went to the fringes of the open space and turned back after that.
Koh: I don't agree.
Kuldeep: Azilah then alighted from the vehicle and looked around.
Kuldeep: At that time, I put it to you that Zainudin scolded Azilah and brought him to the place on the fringes of the open area where the leaves were withered.
Koh: I don't agree.
Kuldeep: Azilah then told Zainudin that he didn't know the place.
Koh: I don't know.
Kuldeep: Was there a stench to indicate that something had happened there.
Koh: I didn't notice.
Kuldeep: Zainudin told Azilah: "Go forward some more, point it out! point it out!"
Koh: I did not hear Zainudin say that.
Kuldeep: Did Azilah then say: "Show what? I don't know this place."
Koh: I don't know.
Kuldeep: Do you agree that in this case, what happened was that the police brought Azilah to the crime scene and led him to a recovery.
Koh: I don't agree.
Kuldeep: Did you know that before you met him, Azilah had been interrogated for six days at IPK KL.
Kuldeep: I put it to you that Azilah never gave you any information and that he never spoke to you when in IPK KL.
Koh: I don't agree.
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Judge: Tell me at which point trial-within-trial should be held
SHAH ALAM (July 23, 2007): The court today wanted both the prosecution and the defence in the Altantuya Shaariibuu murder trial to show at which stage a trial-within-a-trial should be held, if it is indeed necessary. Judge Datuk Mohd Zaki Md Yasin said he did not want to hear submissions from the point of law - on Section 26 of the Evidence Act - on why a trial-within-a-trial should be held.
He instead wanted them to submit on at which juncture it should be held as "everyone knows the reason why a trial-within-a-trial is held". He said this after the prosecution contended a trial-within-a-trial should not be held, while the defence reiterated there was a need for it. Deputy Public Prosecutor Tun Abdul Majid Tun Hamzah said any trial-within-a-trial is in respect of admission and confession, not exclusion of evidence adduced. He said in the earlier cases referred to by the defence, a trial-within-a-trial was held before the inclusion of the confession, not information leading to discovery, and it was decided once and for all if the evidence is admissible. Tun Abdul Majid said in those cases, the issue revolved around the confessions made by the accused person pertaining to a crime allegedly committed. In the present case, however, he said there was no such testimony but instead a statement by the accused which led police to the discovery of the crime scene and subsequently the bone fragments. The defence had argued that the statements made by Chief Insp Azilah Hadri which led the police to the crime scene should not be admitted because it was made by Azilah while under police custody. "It is my submission that these are two distinct and separate matters. The procedure adopted was different. Our submission is that there should not be a trial-within-a-trial," said Tun Abdul Majid. Lawyer J. Kuldeep Kumar, representing Azilah, said according to the case he cited, a trial-within-a-trial was held as soon as an objection was raised on the inclusion of the information derived during a testimony.
"There is no exclusion if there is no inclusion," said Mohd Zaki in reference to both the prosecution and defence arguments. He then suggested the prosecution proceed with the examination-in-chief.
Kuldeep Kumar objected, saying that once the evidence was admitted, they would not be able to challenge it.
"That is the reason why we are trying to exclude this evidence, and this can only be done through a trial-within-a-trial," he said.
Mohd Zaki said he would decide later if a trial-within-a-trial should be held and if so, at which point.
Tun Abdul Majid then continued with his examination-in-chief on Chief Insp Koh Fei Cheow and referred him to photographs taken at the crime scene and also the path leading to the area. Koh identified it as the road to the Tasik Subang dam area and the crime scene was in some undergrowth beside an open area on the hill. He said they discovered some bone fragments at the site where there were leaves with burn marks and dead trees.The spots where the Mongolian woman was allegedly shot and later blown up were also not far apart, Koh told the court.
He was later cross-examined by Kuldeep.
What happened today (Day 23)
ABOVE: The three accused arriving in Court on Day 23 Trial; BELOW: a Hooded one
* Prosecution continues its examination-in-chief of Chief Insp Koh Fei Cheow from KL's Serious Crimes Division.
* Judge Datuk Mohd Zaki Md Yasin wanted prosecution and defence to submit on at which juncture a trial-within-a-trial should be held on an incriminating testimony from Koh. He will decide later if it should be held and if so, at which point.
* Defence lawyer Kuldeep Kumar, for Chief Insp Azilah Hadri, later cross-examined him.
= = == = == = "conversation" "created" from recall without any notes or Tape recorder for denfence
ABOVE & BELOW & BELOW: The "Coversation" sugggested by Counsel Kudeep for Azilah.
This is an excellent example of TOTAL RECALL from Azilah "related" to his counsel and now suggested in Court! & denied by the other party.
Witness: It's Possible Azilah Did Not Know Murder Location
SHAH ALAM, July 23 (Bernama) -- An officer from the Major Crimes Investigation Department of the Kuala Lumpur Police Headquarters told the High Court here there is a possibility that Chief Inspector Azilah Hadri did not know the location where Mongolian woman Altantuya Shaariibuu was murdered. Chief Inspector Koh Fei Cheow, 38, who was continuing his testimony, agreed with defence counsel J.Kuldeep Kumar, representing Azilah, that there was a possibility that Azilah did not know the location as he was not certain of the route that they had taken to get to the murder scene.
Last week, Koh had testified that Azilah, from the Special Action Squad (UTK) of Bukit Aman, had taken a police team to Puncak Niaga Empangan Tasik Subang, Selangor, the location where Altantuya was shot and later blown up on Nov 6, last year. The witness, however, said that throughout the journey to the murder scene, the police team had stopped several times as Azilah was not certain of the route.
Koh is the 20th prosecution witness in the murder trial which entered its 23rd day today
= = == = = == Watch the 2 min 1s Video Clip - Day 23 Trial
== = = == = == = = and the latest post, see FULL Post at H E R E
MORE PICS – Mat Taib Police Report (on Jul 11 Comments); Nazri: Tough Action - ISA, Sedition & 121(b); Deputy IGP: Investigation from All angles
ABOVE & BELOW:Malaysiakini has RPK "puzzling " response to the the Police Report Filed by UMNO Information Chief Mat Taib (see Bernama report Below). Indeed a check at MT site reveals there were NO posting on 11th July 07 . Only posts dated 8th Jul & 13th Jul can be seen (see below).
As the report is targeted at a specific date, one can look into the comments dated 11th jul 07 on post 08/07 with 148 comments
Details H E RE at Malaysiakini
ABOVE: 08/07 Post and BELOW 13/07 post;
Meanwhile the Deputy IGP Tan Srio Mohd Najib Abdul Aziz (ABOVE)said "police will investigate from all angles to see whether it is a seditious case or under multimedia act" And in the Senate, Mat Taid urged for swift action and Datuk Mohd Nazri's stern warning (see below)
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Govt Warns Of Tough Action Against Bloggers Who Disparage
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Website Operators, Journalists Not Above The Law
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Mat Taib Lodges Police Report Against
KUALA LUMPUR, July 23 (Bernama) -- Umno information chief Senator Tan Sri Muhammad Muhd Taib today lodged a police report against blogsite Malaysia Today for carrying articles deemed to have insulted the Yang di-Pertuan Agong. Statements and comments posted in the blogsite dated July 11 were deemed to have contravened the Penal Code, Sedition Act and the Communication and Multimedia Act, he told reporters after lodging the report at the Tun H.S. Lee police station here.
"It was over a report which had insulted the Yang di-Pertuan Agong and the monarchy. It had also insulted and poked fun at Islam as the official religion of the federation." Muhammad said comments posted on the blogsite also incited hate betweem the various races and could affect unity and national security. The Kelana Jaya Umno division leader said he had been advised against divulging the statements and comments to the media as they were too sensitive. "As responsible citizens, we cannot allow such articles to be posted on blogsites and urged the authorities to act in accordance with the law," he added.
Meanwhile, Deputy Prime Minister Datuk Seri Najib Tun Razak said today the government is not on a witch hunt for bloggers. "No, we are not going after bloggers. However, everyone must be aware that there are laws in this country," he told reporters after a meeting with leaders of Chinese Chambers of Commerce at his office in Putrajaya. He was commenting on whether the government was tracking down bloggers after Umno lodged a police report against Malaysia Today for allegedly posting disparaging remarks against the Yang di-Pertuan Agong and Islam. Najib said that anyone can lodge a police report. "It is up to the authorities to investigate whether the bloggers had contravened any laws of the country or not," he added. Before this, a blogger was detained on July 13 for four days for questioning by police under the Official Secrets Act