MORE PICS – Day 51 Altantuya Murder Trial; Test on SIrul’s 4WD revealed No Fingerprints; Defense Lawyers Grilled Witness on tests not carried out

Malaysiakini has no coverage on Day 51 of the Murder Trial and its space is devoted to the Anwar confrontation with ACA which did not take place and reported as
ACA no show, Anwar makes U-turn Beh Lih Yi | Oct 25, 07 12:06pm and a new stance from Anwar
Anwar on his change of stance Beh Lih Yi | Oct 25, 07 7:19p

The PKR de facto leader explains why he is now prepared to give the ACA the full version of the ‘Lingam tape’. More

Zaid: Be serious, form royal commission Yoges Palaniappan | Oct 25, 07

Malaysiakini.tv has released the embedded Deadline ends: ACA officers no show

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DAY 51 – Altantuya Murder Trial – 24 Oct 2007

Tests conducted after 4WD relocated
R. Surenthira Kumar and Maria J. Dass; theSUN

SHAH ALAM (Oct 24, 2007): Crime scene investigations (CSI) officer Supt Soo Mee Tong (ABOVE) testified in the Altantuya Shaariibuu murder trial today that forensics tests were conducted on a four-wheel drive (4WD) vehicle after it had been moved from its original location. Under cross examination by defence lawyer Hasnul Rezua Merican, who co- represents Cpl Sirul Azhar Umar, Soo agreed with the lawyer’s suggestion that he was unable to ascertain whether contents in the jeep had been contaminated. Soo, who was testifying on the 51st day of the trial in the High Court here before judge Datuk Mohd Zaki Md Yasin, also agreed he was in no position to control the movements in and around the vehicle before and after the CSI team’s inspection because the 4WD was not under his control.

He told Mohd Zaki the 4WD was already in the Kuala Lumpur police contingent headquarters (IPK KL) and the keys of the vehicle was in the possession of the investigating officer ASP Tonny Lunggan. "For investigations purpose, it would have been ideal if the checks on the 4WD was conducted at its original location," said Soo replying to Hasnul Rezua’s questions on the CSI team’s task. Soo was also asked about the tests he conducted on some blood stains found on the pair of slippers retrieved from the jeep. He said the Kastle-Meyer spot test for blood conducted on blood stains found on the pair of, size 9 or (43) slippers, retrieved from the rear seat of the 4WD, proved positive for blood presence, as the stain turned pinkish in colour due to reaction to the ninhydrin solution. He said although the test was accurate, as the colour changes to pink only when there is blood present, the spot test was only presumptive and not conclusive, thus further tests have to be conducted by the Chemistry department to determine the origin of the blood. Sirul Azhar’s other lawyer, Kamarul Hisham Kamaruddin meanwhile grilled Soo on whether he conducted any tests on the slippers to lift for fingerprints. Soo said, based on his experience, there was no necessity to carry out such tests on the slippers as inspections through the naked eye did not reveal the presence of fingerprint grains on the blood stain or the smudges found beside the stain. However he admitted no recommendation was made to the Chemistry Department to carry out tests to lift fingerprints or DNA tests on the pair of slippers. Kamarul Hisham: Because no fingerprint or DNA test was conducted on the slippers, do you agree that the identity of the person who wore the slippers at the time of the incident would never be known?

Soo: Agree.
Prior to that Soo, during the continuation of the examination-in-chief by Deputy Public Prosecutor Hanim Rashid, identified the remaining 13 items retrieved by the CSI team from the 4WD. He said the Super Glue Fuming test was conducted on the rear left seat handle of the 4WD to lift fingerprints, but the results turned out to be negative. Soo said the test could only be conducted in non-porous surfaces which are smooth, as negative results would be obtained if conducted on other kinds of surfaces.

Grilled by Azilah’s lawyer Hazman Ahmad (ABOVE) during cross-examination during the afternoon session, Soo told the court that only items that were relevant to the case were collected from Sirul Azahar’s car as evidence. Hazman had asked Soo why he did not remove some pieces of clothing that were in the back portion of Sirul Azhar’s Suzuki 4WD to be tested as they may have shown that someone else had also used the vehicle. A heated exchange then ensued.
Soo: If someone else clothes were in the car, this does not necessarily mean that this person was in that vehicle.
Hazman: But you did not conduct a test to determine if the clothes were someone else.
Soo: It is not applicable. If you find my clothes in your house this does not mean that I was there. Someone may have put it there.
Hazman: But the possibility is there and you cannot say (for sure) because you have not done a test.
Soo: We only choose the relevant pieces of evidence for our investigations.
Hazman: That is your opinion.
Soo: No, I’m speaking form experience and knowledge.
Hazman: If the clothes were found to belong to another person, was that person there!? There is a possibility?
Soo: Yes, the possibility is there.
Hazman: That’s what I want to hear.
Soo said he had not examined the clothes piece by piece when asked by Hazman if he had done so as DNA test could have been done to determine who the clothes belonged to as long as it was not washed.
Soo agreed with Hazman that the test he and his team conducted on the vehicle was selective.
Asked during re-examination by DPP Hanim Rashid as to why he said that he had done selective tests, Soo said: "If I were to send all the items for testing, then I would need several lorries to transport them, so I have to make the decision to take only the relevant case items."
Judge Mohd Zaki Md Yasin then asked him if it was not possible for the items from Sirul Azhar’s 4WD to be transported by vans, to which Soon replied: "The storage of case items is also a problem."
"So this is a logistical problem? Don’t tell me I have to write down that several lorries are needed to transport the items?" said Mohd Zaki.
Soo said he could not determine how long the soil samples from the tyres and bloodstains on the slippers had been there.
"It depends on whether these have been exposed to sunlight, rain or moisture," he said, adding however that he could not tell as he had not seen the structure the vehicle was in.

SHAH ALAM (Oct 24, 2007): All the constant writing of notes by Justice Mohd Zaki Md Yasin has taken a toll on his fingers which were cramped today.

Mohd Zaki was seen trying to exercise his fingers which were stiff as DPP Hanim Rashid was conducting the re-examination of the prosecution’s 40th witness Supt Soo Me Tong. It is believed that the cold weather, which resulted in the colder air-conditioning, aggravated the problem.
"I think I need a third hand," said Mohd Zaki as the lawyers in the gallery asked him if he wanted to take a short break. However, Mohd Zaki continued.
At the end of re-examination at 4.20pm, DPP Noorin Badaruddin said there was another witness for the day, a doctor from the Kuala Lumpur Hospital who had taken the blood samples, and that she needed another hour for examination in chief. At this juncture the court was adjourned for a short break to allow Mohd Zaki to stretch his fingers. However, five minutes later the lawyers informed the court that hearing had been adjourned to tomorrow morning.

ABOVE: Artist impression of Sirul Azhar BELOW: Abdul Razak BAginda on Day 51 Trial

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= == = == = == = = == = = == brief report via Bernama
October 24, 2007 18:45 PM
No Fingerprints Found In Sirul's SUV

SHAH ALAM, Oct 24 (Bernama) -- No fingerprints were found in Cpl Sirul Azhar Umar's sport utility vehicle (SUV), the High Court here heard today. Fingerprint inspection, however, was not carried on the outer surface of the bluish Suzuki 1300 or on the slippers found in the vehicle. The slippers had "Heat Adswad" written on them. Chemistry division head of the police's forensic laboratory in Cheras, Supt Soo Mee Tong, 51, told the court this when cross examined by

Sirul's lawyer, Hasnal Redzua Merican. Sirul, 36, and another Special Action Squad operative C/Insp Azilah Hadri, 31, are alleged to have murdered Mongolian woman Altantuya Shaariibuu, 28, in a jungle in Mukim Bukit Raja here in October last year. Political analyst Abdul Razak Abdullah Baginda, 47, is charged with abetting them.

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UPDATE: Day 52 Trial – More pics coming

Confusion, cop admits being careless
Maria J. Dass, theSun

DAY 52

SHAH ALAM (Oct 25, 2007): Confusion reigned in the Altantuya Shaariibuu murder trial today when several differing dates of a seizure were mentioned by the prosecution’s 45 witness Sgt Amran Abdul Aziz from the Kuala Lumpur Special Action Squad (UTK) division.

Amran who was attached to the Kuala Lumpur Police Contingent Headquarters D9 division prior to being transferred to UTK last March was assigned by ASP Zulkarnain Samsudin to obtain three CCTV recordings dated Oct 9, Oct 18 and Oct 19, 2006, and one guest folio from Hotel Malaya on Nov 10 last year.

He said he had stored the items in a cupboard in his office and handed these to investigating officer ASP Tonny Lunggan the next day.

The three differing dates which showed up during the trial were Nov 6, 10 and 11 of 2006.

Amran, 40, also named Hotel Malaya operations manager whom he met to obtain the tapes and folio as Jimmy Choo (shoe designer and maker) instead of Jimmy Loo (Mow Chan).

Two of the three tapes had been labelled with the dates Nov 6, 2006, indicating that they had been seized on Nov 6.

Questioned by DPP Manoj Kurup on why he had written Nov 6, 2006, on the tapes when he had only obtained the items on Nov 10, 2006, Amran said: "It must be my carelessness." He said he did not know the significance of Nov 6 and was not sure why he wrote that down.

Judge Mohd Zaki Md Yasin then asked Amran: "Did you go to Hotel Malaya on Nov 6?"

"No, it was a mistake," replied Amran.

Mohd Zaki: Did you take it (the tapes) on Nov 6?

Amran: I’m not sure.

Mohd Zaki: (Nov 6 is) possibly a mistake?

Amran: Possibly.

Amran agreed that he had collected all three tapes and the guest folio on the same day (Nov 10).

He was then quizzed as to why the submission form for these items was dated Nov 10 when he had informed the court that he handed these over to Tonny on Nov 11.

"It’s a mistake," said Amran adding that he had informed Tonny of some mistakes in the form after he had submitted it.

Manoj then asked: "What did your investigation diary say."

"It states Nov 10 as the day I handed over the items to Tonny," replied Amran.

He then stressed that the date of submission of the items to Tonny was Nov 11.

"How can you be sure of this?" asked Manoj. "I’m sure because I remember getting instructions from ASP Zulkarnain to store the tapes as he was not around at that time and the next day (Nov 11) he told me to hand the items over to Tonny," said Amran.

Later during re-examination, Amran told the court that the three tapes that he handed over to Tonny were the tapes he seized from Hotel Malaya and not any other tapes.

Earlier during cross examination Azilah’s lawyer Hazman Ahmad pointed out that Amran had failed to mention in entry 25 of his investigation diary that he had submitted the guest folio to Tonny. He said Amran had failed to mention what tapes he had submitted to Tonny and only referred to these as "tape tersebut" (those tapes).
Amran also agreed that the investigation diary that he had submitted to court was not the same one he submitted to Tonny. The copy that he submitted to Tonny was without any markings as compared to the one presented in court.

Hearing continues on Monday (Oct 29).

WHAT HAPPENED - DAY 52

* Dr Zainal Effendy Zainal Zainal Abdidin, formerly with Kuala Lumpur Hospital’s (HKL) Emergency Department, testified.

* Sgt Mohd Saad Kimbok, of the Kuala Lumpur police serious crimes division (D9), testified

* Sgt Amran Abdul Aziz, of the KL Special Action Squad testified

= == More Interesting Trial from Singapore

DAY 1 - Snake Woman Botched Exorcism (from spirit of 'dead soldier from Nee Soon camp') Sue Novena Church

Oct 24, 2007

Woman in exocism suit was 'slithering like snake, screaming like Satan' : Defence lawyer

By Jermyn Chow

Madam Amutha Valli, 50, was unwell and would only be able to attend the hearing next week. The woman at the centre of the exorcism suit against Novena Church was 'slithering like a snake, shouting and screaming like Satan and marching like a soldier,' a defence lawyer told the High Court at the start of the trial on Wednesday morning. Another defence counsel said Madam Amutha Valli, 50, who is seeking damages for what she claimed was a forced exorcism on her, said she is a alcoholic. These startling revelations were made at the opening of the hearing in the High Court on Wednesday morning to determine if the Catholic priests had performed an exorcism ritual on Madam Amutha at the Novena Church (BELOW) in Thomson Road three years ago.

Madam Valli was not in court. Her lawyers said she was unwell and would only be able to attend the hearing next week. The private tutor and mother of two is alleging that she was held for about 2 1/2 hours in a room at the well-known Catholic church. She is seeking damages, claiming she was confined and subjected to what she believes were rites of exorcism on the night of Aug 10, 2004.

Sues Redemptorist Order

The former national walker is suing the Redemptorist Order, which runs Novena Church, two priests and seven others for damages for loss of earnings and future medical expenses. In her court documents, she claims she was abused, strangled, pinned down and asked repeatedly to identify herself. She claims the experience left her traumatised and unable to work, and that she has suffered relapses in her mental state, needing continuing medical attention. The defendants have denied her claims. They say her family members had consented to a prayer session being held for her and that she was possessed.

Mr Raghbir Singh Bajwa, who is representing Madam Valli together with Mr Raj Shergill and Ms Anuradha Tiwary, said in his opening statement that the case was "not an attack on the religion." 'We are not saying that the defendants acted with malice or wicked intentions,' said Mr Bajwa. 'They may want to help the plaintiff. But what they did they should not have done... they have caused damage to her.' 'They had a duty of care and they breached that duty of care.'

'An unbelievable story'

Mr Tito Isaac, who is representing Father Simon Tan and the Redemptorist Order, described the plaintiff's claims as 'an unbelievable story', and said the defence would prove that they were not true. In his opening remarks, Mr Isaac said Madam Valli was diagnosed with psychiatric disorder when she was treated at the National University Hospital from 1986 to 1989, and that her medical condition stretched back 25 years ago. He said she hid this fact from NUH doctors who had difficulty getting a full disclosure from her. Mr Issac said that he would produce witnesses to show that 'she was rattling the gates, slithering like a snake, shouting and screaming like Satan with a man's voice and marching like a soldier' on the night' when the priests and the other defendants went to her help that night at a family member's behest.

'Incredible story'

Senior Counsel Jimmy Yim, who is defending Father Jacob Ong, the other priest, also described Madam Valli's allegations as an 'incredible story', and 'a well-hatched up scam'. Mr Anthony Lee, who is representing the other defendents with Mr Denis Tan, said the diagnosis of Madam Valli was 'erroneous' because proper medical practices were not followed. Mr Lee said he would also establish that the plaintiff was an alcoholic and sought treatment for alcohol abuse at the Institute of Mental Health. He charged that she drank a bottle of gin a day. The first witness to take the stand was Madam Valli's daughter, Ms Subashini Jayabel, 22, a student at PSB Academy.Under cross-examination by Mr Issa, who showed her medical reports from IMH and NUH, she said she could not believe that the woman mentioned in the reports was her mother. 'She was the fittest woman I ever knew. You should see her on the track,' said Ms Jayabel, who said her mother was their training coach.

Hearing continues in the afternoon. Oct 24, 2007

Woman in exorcism suit hid long psychiatric history: defence lawyer

If she had told doctors and priests, more appropriate medical assistance could have been rendered. MADAM Amutha Valli, 50, who is at the centre of the exorcism suit against Novena Church, did not tell the priests who came her help of her long medical history of mental disability, which her family members knew about, said a defence lawyer at the opening of the trial on Wednesday morning. Senior Counsel Jimmy Yim, who is defending Father Jacob Ong, one of the 10 defendants being sued by Madam Valli, dismissed her allegations as an 'incredible story', and 'a well-hatched up scam'. In his opening statement, Mr Yim dwelled at length on Madam Valli's pcychiatric history, culled from reports by doctors at National University Hospital where she had been seeing since 1986. 'If the plaintiff's family, who were in the best position to assess the plaintiff's condition knowing her past medical and psychiatric history, had formed the view that medical assistance would have been more appropriate in the circumstances, they coud and should have brought her to Tan Tock Seng Hospital, which is no more than several hundred metres away from the Church,' he told the court. 'The plaintiff has a long medical and psychiatric history of mental disability which the family members knew about but which was not mentioned to the defendants at anytime that night.' Mr Yim submitted that Madam Valli's past medical history would reveal that she had exhibited certain physical and psychological symptoms before the incident in Novena Church on the night of Aug 10, 2004. He said these symptoms included dissociative trance disorder, depression, insomnia, anxiety, suicidal thoughts and work stress, which Madam Valli had claimed she experience on Aug 10. He contended that the attribution of these symptoms to her post-traumatic stress disorder was 'clearly untenable' as they predated the Aug 10 incident.

Family consented

Counsel stressed that it was Madam Valli's family who had sought prayer and assistance for her from the two priests, Father Simon Tan and Father Jacob Ong on that night. According to Father Jacob's account, Madam Valli's son had approached him and told him that she was 'possessed and acting in a suicidal manner' in the right wing of the church and pleaded for his help. When Father Jacob went to the scene, he saw her lying on the floor and 'moving in a snake-like manner and also witnessed her marching about in a rigid fashion.' Madam Valli's 'brother', who was around, also told the priest that she was 'possessed by the spirit of a soldier and anxiously repeated the earlier request for prayer and assistance,' said Mr Yim. Counsel also said that both Father Simon and Father Jacob had a totally different accounts of what happened inside the room. Their version: The two priests acceded to the family's request and 'began praying spontaneously seeking God's protection and blessing' for Madam Valli. 'The plaintiff then began shouting incoherently with her arms moving in a violent manner and was kicking her legs about,' said Counsel Yim. 'Upon seeing this, the plaintiff's 'brother' and the plaintiff's daughter forcibly restrained her.' 'They held down her arms and hands and continued to restrain the plaintiff for some 15 minutes.' 'This was the first time that the plaintiff had been physically restrained that night and was restrained by her own family members.' Mr Yim said the plaintiff's family continued to stay in the room while Father Simon stepped out to get help from other parishioners because Madam Valli's 'brother' and daughter 'appeared visibly exhausted' after restraining her. The other six defendants came into the room on Father Simon's request. The priest then asked Madam Valli's family members to step outside. And they did 'without any protest whatsoever,' said counsel, adding that Madam Valli also did not ask to leave the room with her family. Mr Yim also rebutted Madam Valli's allegations that she was possessed while in the room and an exorcism had to be done; that she was prevented from leaving the room, pinned to the floor by some of the helpers, barred from seeing her family members and was denied her request for an ambulance. She also claimed that Father Simon had pinned a cross on her right hand and placed a 'white item' in her mouth, and further alleged that a Malay-looking man had strangled her. Differing, this is Father Jacob's version: 'He first began by blessing the room and those in it. The plaintiff's family was present and did not object to it.' Father Jacob did sprinkle holy water at her and at parts of the room but did not 'splash' water on her. There was no request from Madam Valli to stop the prayers. She was only restrained when she acted in an aggressive and violent manner. 'This restraint was necessary to prevent her from hurting herself and those around her in the room,' said Mr Yim, who added that Madam Valli was never prevented from leaving the room and neither did she indicate she wanted to. Counsel also contended that she was never prevented from using the toilet. Three of the woman defendants accompanied her to the toilet for her safety, he said.

Psychiatric history

Turning to the Madam Valli's psychiatric history, he told the court that she had been seeing doctors at NUH long before the Aug 10 incident. A large part of her medical history is recorded at NUH, where she has been seeking treatment since 1986. Counsel said from the discovery exercise, it was clear that Madam Valli had concealed and suppressed this material information from the defendants' lawyers and her doctors. Madam Valli was not in court on Wednesday morning. Her lawyers said she was unwell and would only be able to attend the hearing next week. The private tutor and mother of two is alleging that she was held for about 2 1/2 hours in a room at the well-known Catholic church. She is seeking damages, claiming she was confined and subjected to what she believes were rites of exorcism on the night of Aug 10, 2004. The former national walker is suing the Redemptorist Order, which runs Novena Church, two priests and seven others for damages for loss of earnings and future medical expenses. In her court documents, she claims she was abused, strangled, pinned down and asked repeatedly to identify herself. She claims the experience left her traumatised and unable to work, and that she has suffered relapses in her mental state, needing continuing medical attention. Hearing continues on Thursday.

The trial is expected to last 12 days.

Check back for DAY 2 - coming soon