MORE PICS & Video Clip – Day 29 Altantuya Murder Trial; Trial-within-ta-rial for Fairness; Azilah Note Seized with Razak’s Details; Karpal’s anger
Artist impressions of Sirul Azhar (ABOVE) and the judge Mohd Zaki (BELOW) on Day 30 Trial
= == = == = == = = BELOW: Malaysiakini early report (H E R E by Subscription) on the bungling ASP who produced too many amended Police reports and confused which one is the final copy
UPDATE: Day 30 Trial –
'Discrepancies in ASP Zulkarnain's police report'
ABOVE: The bungling ASP Zulkarnain Samsudin who made mistakes and keep on changing them and confused with the Final copy to use.
Maria J.Dass, SUN
Day 29
SHAH ALAM (Aug 3, 2007): The Shah Alam High court was told of discrepancies in the police report lodged by ASP Zulkarnain Samsudin on the revelation (of the valuables found in a jacket in Cpl Sirul Azhar Umar’s Kota Damansara home) by Sirul who is accused of murdering Mongolian national Altantuya Shaariibuu.
ABOVE: The alert defense counsel who spotted the minor discrepancies in the changes in different versions of the police reports given to different parties
During cross-examination, Zulkarnain who is the prosecution’s 23rd witness, Sirul’s defence counsel Kamarul Hisham Kamaruddin pointed out differences in copies of the report that were given to the defence counsels, and the ones in possession of the Deputy Public Prosecutors (DPPs) and judge Datuk Mohd Zaki Md Yasin.
The copies in the possession of the DPP and the judge said the "named" (penama) wants to make a revelation. However the copy in possession of the defence counsels states "Sirul Azhar Umar" wants to make a revelation. The report was lodged by Zulkarnain last Nov 7, after he interrogated Sirul together with C/Insp Koh Fei Cheow. The judge told the counsels to sort it out before adjourning the hearing for lunch and Friday prayers.
When hearing resumed after lunch break, Kamarul pointed out several other discrepancies, including the fact that the defence copies of the police report and that held by the prosecution had some mistakes, including Zulkarnain’s ranking which was stated as Chief Inspector when he was Assistant Commisioner of Police (ACP) at that time.
Zulkarnain’s birth date was also stated as
Asked to explain the differing reports ASP Zulkarnain said: "On that day after returning from Sirul’s house, I checked the police report I had made earlier that afternoon and found some mistakes, where I did not include the name of the person I had interrogated." "Therefore at
"I changed the word "penama" to Sirul Azhar Umar and the words "... yang saya simpan ..." (which I am keeping) to "... ada saya simpan..." (used to keep), said Zulkarnain. The copy which the defence was holding was the original copy while the prosecution team were in posession of the amended copy. Zulkarnain said he realised that there were mistakes in the first report which was typed out by C/Insp Koh Fei Cheow and signed by him when her returned to his office from Sirul’s Kota Damansara house.
The prosecution team meanwhile said that it would produce the original copy of the original police report as the defence teams had queried some black marks on the top portion of the document. "Even these black marks have become a problem?" Mohd Zaki remarked. Kamarul then said: "It appears to be some kind of a stamp. It’s relevant to show when it was signed," he said.
DPP Tun Abdul Majid Tun Hamzah then said: "Therefore, it is important to explain the black mark. I will ask the investigating officer to go to the police station to get the original copy. "It’s a computer print out, the original may be in the Tun H.S.Lee police station." Hearing was then adjourned to Wednesday (Aug 8).
ABOVE: Abdul Razak arriving on Day 30 Trial and BELOW, the two hooded accused (sirul & Azilah) hiding behind the masks
= == = =and BELOW - the Double A box used to hold the evidence and taken to court on Day 30 Trial
Cop lodges report against troublesome woman
SHAH ALAM (Aug 3, 2007): The police in charge of the courtroom where the Altantuya murder trial is being held lodged a report against a 51-year-old woman for disrupting court proceedings. The woman who has been attending hearings daily created a scene in court this morning, just before Mohd Zaki walked in. She screamed at court police whom she accused of taking away her "chair". The report lodged by L/Cpl Zulkifli Abdul Rahman, 45, stated that the woman had ordered police to place chairs in the public gallery and not remove these at anytime during the Razak Baginda case, although even lawyers and the media are not allowed to move or use these. The report also stated that the woman often tries to accompany the police escort party which leads the three accused into court, and attempts to walk together with the DPPs and defence lawyers during break so as to have her picture taken by the press. Zulkifli also stated that the woman often makes noise during break time by chatting with friends over the handphone and reads SMS during the hearing. She is also allegedly making lawyers, the DPPs and the media uncomfortable during and before hearings. She also disputes the duties of police personnel who are on duty during the trial.
ABOVE & BELOW: Malaysiakini double take on Day 29 Trial appeared at 12.14pm H E RE and another at 6.59 pm H E R E beating all the print & on-line media
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ABOVE: Daily Court ritual -Roweena & Mazlinda immense satisfaction in having a glimpse of Abdul Razak passing through (BELOW)
= == = == = = == = == = == =BELOW: The hooded ones on Day 29 Trial arriving
For the uninformed, "Datuk Abdullah Malim Baginda is the father of the 3rd accused Abdul Razak and the numbers 5787. 9885 are the plate number of the cars belonging to Abdul Razak ( as confirmed by his wife Mazlinda when approached by the press) mentioned in the A4 note found on Azilah
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Police Seize Sheet Of Paper, Bills From Azilah, Court Told
SHAH ALAM, Aug 2 (Bernama) -- A police officer told the High Court he found a sheet of paper containing some information and three mobile telephone bills in a blue bag on the desk of Chief Inspector Azilah Hadri, the first accused in the trial into the murder of a Mongolian woman, Altantuya Shaariibuu. ASP Zulkarnain Samsudin of the Criminal Investigation Department of the Kuala Lumpur Police Headquarters, the 23rd prosecution witness, said the sheet of A4-size paper had the following words written on it:
"Datuk Abdullah Malim Baginda, 22
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1 Another trial-within-a-trial allowed
2 Itemised telephone bills, notes seized from C/Insp Azilah's office
R. Surenthira Kumar and Maria J.Dass, SUN
DAY 29
SHAH ALAM (Aug 2, 2007): The High Court today allowed the defence to challenge Cpl Sirul Azhar Umar's statement and conduct in showing the police where he kept the Mongolian woman's jewellery. Justice Datuk Mohd Zaki Md Yasin said he was allowing the defence's application for a trial-within-a-trial in the interest of fairness. The request was made by Cpl Sirul's counsel Kamarul Hisham Kamaruddin yesterday. Kamarul had asked the court to decide if it should exclude two statements Sirul made to ASP Zulkarnain Samsudin (BELOW), based on the reasoning that these were obtained via improper or unlawful means.
The two statements in question are:
* "I can show you the jewellery belonging to the woman whom I shot in the jungle. I am keeping it in my home in Kota Damansara"; and
* Sirul Azhar told Zulkarnain: "I kept the jewellery in the jacket" when the jacket was being removed from the cupboard. Sirul also nodded and pointed to the jewellery (a pair or earrings, a Larmes watch and a ring) when Zulkarnain asked him (Sirul Azhar) if these were the items he was referring to.
Mohd Zaki said the Federal Court in the Francis Anthonysamy case readied a mechanism for the exclusion either via a trial within a trial or in substantive trial or both. "Although the decision was an obiter (mentioned in passing), for the purpose of fairness, the court will allow the trial within a trial to decide on the exclusion," he said. Earlier, DPP Tun Abdul Majid Tun Hamzah said the prosecution was objecting to the trial-within-a-trial as this was only employed for the purpose of admitting evidence and not otherwise. He and Abdul Razak Baginda's lawyer K.K.Wong said the statement in the Francis Anthonysamy case was obiter.
However, Kamarul said: "In Francis (Anthonysamy), Karpal argued that although there was no objection, it was still involuntary and that the caution under Section 112 of the Criminal Procedure Code (CPC) was not read. That breach amounted to giving the court a vested discretion to exclude it. "The essence in Francis is the principal of non-compliance to Section 112 of the CPC, thus unfair to the accused person," he said. Karpal Singh, who is holding a watching brief for Altantuya's family and the Mongolian government, said except in the case of Francis Anthonysamy, other highest court in the country has held there should be no trial-within-a-trial. "It is my submission that it is obiter," he said, of the judgement for the Francis case.
2 Itemised telephone bills, notes seized from C/Insp Azilah's office
SHAH ALAM (Aug 2, 2007): A blue sling bag containing three itemised telephone bills and a handwritten note were seized by the police team which inspected Chief Insp Azilah Hadri's office, a police officer told the Altantuya Shaariibuu murder trial today. ASP Zulkarnain Samsudin said the billing showed several unidentified numbers were dialled. He then read out those numbers. (In previous testimonies, some of the numbers read out had been identified as belonging to Altantuya, Abdul Razak Abdullah Baginda and private investigator P. Balasubramaniam.) In the other A4 size paper, the same telephone numbers and also that of an ASP Suresh were found handwritten on it.
Besides that, other handwritten details on the paper included:
* Abdullah Malim Baginda and address 22, Jalan Setiajaya,
* Aminah
* HO P1 50's
* Room 823, Hotel Malaya, Jalan Hang Lekir
*
* 5787, 9885
Zulkarnain said the check was carried out in Azilah's office in the Special Action Unit (UTK) in the federal police headquarters in Bukit Aman on
On Nov 13, Zulkarnain and his team escorted Abdul Razak to his office in Bangunan Lembaga Getah Asli
He said the notes in the pink paper read as 'Mr Razak please contact me 017 3992411 and Amin or Amina and handphone numbers 012 2132303 and 012 2409311'.
One of the note books had the words 'Team A Zone' on the cover while another depicted the sketch of a man riding a horse. Zulkarnain said all the items seized from Azilah and Abdul Razak's office were handed over to investigating officer ASP Tony Lunggan. Earlier, when the trial resumed after lunch, the anticipated proceedings for a trial-within-a-trial did not commence after DPP Tun Abdul Majid Tun Hamzah told the court that based on the ruling, it was appropriate for him to continue with the examination-in-chief before his witness was cross examined and re-examined prior to the start of the trial-within-a-trial. Judge Datuk Mohd Zaki Md Yasin agreed the trial-within-a-trial be held later after the parties were done with the witness. Later, during Tun Abdul Majid's examination-in-chief, Cpl Sirul's lawyer Kamarul Hisham Kamaruddin asked the court whether the cross-examination would be reserved until the end of the trial-within-a-trial, as the defence was calling some police witnesses to testify.
ABOVE: The disappointment can be seen in the lead DPP Tun Abdul Majid
"I see no prejudice if the procedure is reversed. It's an unusual scenario because I am concerned about the sanctity of the testimonies that the witnesses will provide," said Kamarul Hisham. Tun Abdul Majid said Kamarul Hisham's statement is "very strong" and that his concerns were baseless as the court had to follow the procedure that is in place.
Mohd Zaki ordered the cross-examination be continued.
Azilah's lawyer Hazman Ahmad began asking Zulkarnain to give a detailed description of the Serious Crime Division (D9) office in the
The judge later instructed him to draw a sketch of the D9 office, when the trial adjourned to tomorrow.
= = == = = Karpal pissed off over remarks
SHAH ALAM (Aug 2, 2007): Karpal Singh, who is holding a watching brief for the Mongolian government and Altantuya Shaariibuu's family, lashed out at C/Insp Azilah Hadri's lawyer Hazman Ahmad for joking about his (Karpal's) principles.
ABOVE: Karpal Singh's anger at the tackless "obiter" remarks made by Hazman (BELOW right)
Hazman had during a chat in court with fellow counsels, including Karpal's colleague Daniel Abishegam yesterday afternoon said: "He (Karpal) has to be with us on this issue because this is what he said in Francis Anthonysamy. If he doesn't, then he has no principles and asks him to join Barisan Nasional." The Francis Anthonysamy case in which Karpal was defence lawyer was quoted during submissions on whether a trial-within-a-trial should be held. Karpal brought this up when submitting on whether a trial-within-a-trial should be held to determine if two statements by Cpl Sirul Azhar Umar should be excluded.
Hazman then said that this was a joke. He later apologised personally to Karpal during the break. However, Karpal who was clearly irked said: "A man's principles should not be joked about. I am national chairman of DAP and to say I should join BN ..." He added: "As professionals we should be careful about commenting about someone, especially behind their backs." Asked if he accepted Hazman's apology, Karpal said: "I told him ... you got to be careful. What he said was obiter (in passing)."
ABOVE & BELOW: The weight on defense counsel K K Wong (for Abdul Razak Baginda) is indeed heavy both in mind and the suitcases of paperwork to get through during this trial
What happened today (Day 29)
* Prosecution and defence submitted on whether a trial-within-a-trial should be held to determine admissibility of Cpl Sirul Azhar Umar's statements to the police.
* The judge later decided to allow the defence's application.
* After the lunch break, however, ASP Zulkarnain Samsudin from the Serious Crime Division of the
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Court Orders Trial-Within-A-Trial In Altantuya Murder Trial
SHAH ALAM, Aug 2 (Bernama) -- The defence in the Altantuya Shaariibuu murder trial was given the green light by the High Court here today to challenge Cpl Sirul Azhar Umar's statement and conduct in showing the police where he kept the Mongolian woman's jewellery. Justice Datuk Mohd Zaki Md Yasin said the court was allowing the defence' application for a trial-within-a-trial in the interest of fairness.
The trial-within-a-trial, to be held after ASP Zulkarnain Samsudin completes his testimony, is to determine whether Siru Azhar's statement to Zulkarnain that he could show where he kept the jewellery and his pointing to the jewellery could be excluded as evidence. His counsel, Kamarul Hisham Kamaruddin, contended that it should not be admitted on the ground that it is a statement leading to discovery under Section 27 of the Evidence Act 1950.
Yesterday, Zulkarnain testified that Sirul Azhar told him: "I can show the woman's jewellery. I kept it in my house in
Zulkarnain also testified that Sirul Azhar nodded and pointed to the jewellery and said: "These are her things".
Watch Video Clip - 1 min - Day 29 Trial
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posted by multidimid at 8:56 AM
1 Comments:
It will not succeed in reality, that's exactly what I think.
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