SHAH ALAM, August 1 (Bernama) -- The prosecution in the Altantuya Shaariibuu murder trial failed for the third time to adduce statements made by Cpl Sirul Azhar Umar to the police relating to the crime as evidence in the high-profile case.
This time, the High Court rejected Sirul Azhar's statement made to the police team when he was brought to the crime scene in Puncak Alam on Nov 6 last year, disclosing where the body of the Mongolian woman was blasted.
The prosecution's 23rd witness, ASP Zulkarnain Samsudin told the court last week that Sirul Azhar had gone to the crime scene in Puncak Alam with a police party and had uttered the words: "Saya boleh tunjuk tempat perempuan itu diletupkan." (I can show where the woman was blasted)
Counsel Kamarul Hisham Kamarudin, for Sirul Azhar, objected to the admissibility of the statement but deputy public prosecutor Tun Abdul Majid Tun Hamzah said the evidence was admissible under section 8 of the Evidence Act as it only revealed Sirul Azhar's conduct.
Justice Datuk Mohd Zaki Md Yasin today ruled Sirul Azhar's statement inadmissible as it was not a conduct under section 8.
Sirul Azhar, 36, and Chief Insp Azilah Hadri, 31, both of the Bukit Aman Special Action Force, are charged with murdering Altantuya, 28, in Mukim Bukit Raja between 10pm on Oct 19 and 1am on Oct 20 last year while political analyst Abdul Razak Abdullah Baginda, 47, is accused of abetting them.
In rejecting the statement, Mohd Zaki said: "The DPP submitted that the statement made by the second accused was not under section 27 of the Evidence Act. Rightly so, the police had discovered the crime scene.
"In this case, the statement by the accused person was accompanied by his act of pointing to the crime scene. The evidence adduced was undisputed that the second accused said and pointed to the crime scene when the police took him to the crime scene.
"Under section 8, the word conduct does not include statement unless statement is accompanied by acts other than statement. At this stage, having heard the submissions and read all cases which admitted evidence of conduct, such admission are of evidence conduct simpliciter.
"I find nothing in the illustrations of section 8 to be an example of the category of conduct that fits with the circumstances of this case.
"On the facts of the case today, I'm not prepared to consider the statement as conduct under section 8 and therefore the statement is inadmissible."
On July 26, the prosecution failed to get the court to admit Sirul Azhar's information to the police disclosing the location where Altantuya was murdered.
Mohd Zaki expunged the information adduced through Chief Insp Kamaroszaman Othman after ruling that it was a statement and not within the ambit of Section 8 of the Evidence Act.
The court on July 10 also threw out Sirul Azhar's alleged confession to the crime.
Latest Report from Malaysiakini :
Allegedly incriminating statement against second accused corporal Sirul Azhar Umar will not be admitted as evidence in the on-going Altantuya Shaariibuu murder trial, posing another setback to the prosecution case.
The Shah Alam High Court ruled this morning that the statement made last week by ASP Zulkarnain Samsudin is inadmissible, as it is a statement and was not gathered under Section 8 of the Evidence Act 1950 as required.
The witness' statement referred to Sirul's disclosure of the spot where Mongolian national was blasted.
Under examination, Zulkarnain, 34 - who testified that he had taken Sirul to the crime scene on Nov 6 last year - had said: “(Sirul) can point out the place where the Mongolian woman was blown up.”
"I am not prepaped to consider the statement by the second accused...the statement is inadmissible," said judge Mohd Zaki Md Yassin.
The prosecution has sustained several blows to date, including Sirul’s purported confession being ruled inadmissable.
Chief Inspector Azilah Hadri, 30, and Sirul, 35, are charged with the murder of the Mongolian national while political analyst Abdul Razak Baginda, 47, is charged with abetting them.
Prosecutors say Abdul Razak Baginda, 47, planned her killing and ordered two police officers to carry it out. All three face the death penalty if found guilty.
Later, continuing with his testimony, Zulkarnain said he saw a foot-long bone at the crime scene in Puncak Alam, Shah Alam on Nov 6 last year.
Zulkarnain, during examination by deputy public prosecutor Tun Majid Tun Hamzah said Sirul had showed him two locations.
"Sirul show me two spots. One was the clearing near some bushes. The other was amongst the bushes.
"It was the second spot that I saw a 1 to 1.5 foot long bone and several pieces of what I suspected were bones. I also saw burnt leaves," the Serious Crimes unit officer said.
Zulkarnain also told the court that Sirul had showed him the way to his house located in Kota Damansara on Nov 7 last year.
"Sirul showed us his room which was located at the end of the apartment and we followed him. He then opened his cupboard door and showed us a black jacket.
"I checked the jacket and I found a Larmes watch, a diamond ring and a pair of earrings on the inside left pocket," he said.
The police officer said he spent 15 minutes in Sirul's house.
The bomb disposal unit - which Zulkarnain contacted before leaving for Sirul's house - went to search the house for 20 minutes after him. The special action squad (UTK) followed soon after to retrieve equipment belonging to the police.
The prosecutors say that Altantuya was killed by “probable blast-related” injuries in a clearing in Puncak Alam, Shah Alam after she was driven away from outside Abdul Razak's house in mid-October.
Mohd Zaki then broke for lunch. Zulkarnain will resume his testimony at 2.15pm.
tags : Altantuya Shaariibuu murder mongolian malaysia abdul razak baginda malaysiakini