March 07, 2012
KUALA
LUMPUR, March 7 — The High Court has provided a precedent for the
acquittal of a person with a motive to murder and charged with abetment
without calling his defence, Karpal Singh said today, based on the
stunning grounds of the judgment in the Altantuya Shaariibuu trial which
was released yesterday.
The prominent criminal lawyer observed that trial judge Datuk Mohd
Zaki Md Yasin had accepted an out-of-court sworn statement from the
Mongolian beauty’s one-time lover, Abdul Razak Baginda, as proof to
acquit him from a charge of abetting two Special Action Squad members to
commit the crime in 2006.
The ex-political analyst was a close associate of Prime Minister
Datuk Seri Najib Razak and the two men, Azilah Hadri and Sirul Azhar
Umar, had been assigned as his bodyguards after the married Razak
Baginda complained of being harassed by Altantuya in 2006.
“It’s the first time in this country that an affidavit used for the
purpose of bail and later tendered as an exhibit was used to acquit an
accused person,” Karpal told The Malaysian Insider when contacted today.
“It’s a precedent which could be used in future cases,” he said.
An affidavit is a written declaration voluntarily made by a person
and affirmed by another who is authorised to do so under the law.
Karpal said, “It is up to court to accept or not.”
He stressed that the court case for Abdul Razak was over as the
public prosecutor did not lodge an appeal against the latter’s
acquittal.
In his 70-page judgment, Mohd Zaki said that even if it were to be
interpreted that Abdul Razak had “motive” based on the blackmail letters
the deceased had sent, the note itself cannot be the basis for a
conviction without direct or circumstantial evidence.
The judge said he had no reason to disagree with Abdul Razak’s affidavit saying ex-lover Altantuya was blackmailing him.
On January 5, 2007, affidavit Abdul Razak admitted to having sexual
relations with the Mongolian whom he met in November 2004. He also
claimed Altantuya was demanding money as a result of the relationship.
The judge said he had gone over the whole affidavit and it was
corroborated in material particulars by private investigator P.
Balasubramaniam, Altantuya’s cousin Burmaa Oyuchimeg, Lance Corporal
Rohaniza Roslan and Abdul Razak’s secretary Siti Aishah Mohd.
The murder was committed between 10pm on October 19, 2006 and 1am the
following day at a clearing in Shah Alam’s Mukim Bukit Raja.
While Abdul Razak was acquitted, his co-accused — Azilah and Corporal Sirul Azhar Umar — were found guilty.
Mohd Zaki said both guilty men had only the defence of denial with each blaming the other for the crime.
Azilah could provide no alibi for his claim that he was somewhere in Kuala Lumpur’s Wangsa Maju area when the murder occurred.
He also claims he had handed Altantuya over to Sirul Azhar who was to have sent her back to Hotel Malaya.
Sirul also claims in his unsworn statement that he was not at the
crime scene, but at Sri Hartamas’ Devi’s Corner restaurant instead.
He denies that Azilah handed Altantuya over to him for a lift back to her hotel.
Both policemen were convicted for failing to raise any reasonable doubt in the prosecution’s case, Mohd Zaki said.
This Friday, the Court of Appeal will decide a date to hear the appeal by both men against their death sentences.
The case has stalled over the last two years while waiting for Mohd Zaki’s written judgment.
No comments:
Post a Comment