The 5 grounds to reject 'confession' are:
- The prosecution has not proved that the alleged confession was made voluntarily;
- Sirul Azhar was not cautioned on his rights under Section 113 of the Criminal Procedure Code
- It is unclear whether Sirul Azhar was under arrest when he was taken into Mastor's custody ("confession" not made before magistrate or judge);
- Statement supposedly made by Sirul Azhar was involuntary; and
- Sirul Azhar did not read, correct or sign any statement he allegedly made to Mastor, who had assumed the role of investigating officer, when he attempted to extract information on the murder.
As reported by Malaysiakini :
Court disallows Sirul’s confession
The Shah Alam High Court today ruled that a confession made by corporal Sirul Azhar Umar to his superior officer was inadmissible as evidence in the Altantuya murder trial.
The confession was allegedly made to UTK deputy commander ACP Mastor Mohd Ariff during their flight from Bangkok to Kuala Lumpur on Nov 6 last year.
Justice Mohd Zaki Mohd Yasin said that Sirul’s responses to Mastor were made involuntarily, thus making them inadmissible.
"The confession made by Sirul was not done voluntarily, therefore they are not admissible and would not be mentioned in the trial," said the judge.
"In my opinion, in the context of the factual background, there was clear inducement from Mastor," he added.
Sirul is the second accused in the Altantuya Shaariibuu murder trial.
Sirul’s lawyer Kamarul Hisham Kamaruddin had yesterday outlined five main points as to why his client's confession should not be admissible.
Among others, he said, the confession was made under "oppressive" circumstances and that Sirul was "in a distraught state under severe mental anxiety" when he made the confession.
The prosecution team, led by Tun Majid Tun Hamzah, had submitted that the confession should be admitted as evidence as it was not obtained through inducement, threat or promises.
tags : Altantuya Shaariibuu murder mongolian malaysia abdul razak baginda malaysiakini