Altantuya Murder Trial: Witness Statement Application Rejected

22 January 2009
Shah Alam

High Court judge Justice Mohd Zaki Md Yasin has dismissed an application made by counsel for murder accused Corporal Sirul Azhar Umar, Kamarul Hisham Kamaruddin, to obtain the witness statement of DSP Musa Mohd Safri from the prosecution team. Kamaraul reasoned that the statement of the senior police officer, who is a minister’s aide-de-camp and political analyst Abdul Razak Baginda’s friend, will be critical to prepare for Azhar’s defence.

Kamaral said DSP Musa would be an important prosecution witness and could be cross-examined by the defence. Deputy Public Prosecutre then argued that the witness statement was a privileged document.

Justice Mohd Zaki said the new amendment to Section 113(2) of the Criminal Procedure Code (CPC) in 2006 had clearly stipulated the condition relating to the supply of the document to the accused person. He found that the 112 statements applies to all stages of trial including one of the defence.

At the beginning of the trial, an application for all 112 statements of witnesses for the prosecution be provided to Azhar was rejected because he was bounded by an apex court ruling that the statements were privileged.

Justice Mohd Zaki set 2 February 2009 to continue with the hearing.

The Star Online – Lawyer: Accused has to look at documents to decide what he needs to do

New Straits Times Online – Altantuya trial: Accused fails to get witness statement

MCW – Altantuya Murder Trial: Azhar Concludes Defence

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