There was no opportunity for police to implicate second accused Sirul Azhar Umar, over the murder of Altantuya Shaariibuu as his apartment keys were with him while he was abroad, the Federal Court heard today.

Deputy solicitor-general II Tun Abdul Majid Tun Hamzah (right) said the police only retrieved a blood-stained slipper from his car.

He said the deceased's jewellery was only retrieved from Sirul's jacket at his home later.

"At that time, Sirul only handed his car keys to his (Special Action unit) officer while he was overseas in Pakistan on duty. He brought with him his house keys.

"It was only when Assistant Commissioner Mastor Mohd Ariff who went to Pakistan and arrested him on Nov 6, 2006, that Sirul handed his house keys. Hence, there was no opportunity for police to place it (those items) there," he said.

The jewellery, Tun Abdul Majid said, was positively identified by Altantuya's cousin.

Sirul was in Pakistan on duty escorting then-prime minister Abdullah Ahmad Badawi, before his arrest.

Tun Abdul Majid was submitting in the prosecution's appeal over the acquittal of Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar by the Court of Appeal last August.

They were earlier found guilty by the Shah Alam High Court with murdering the Mongolian lass at a land clearing in a jungle at Puncak Alam in Mukim Bukit Raja between 10pm on Oct 19 to 1am on Oct 20, 2006.

Azilah and Sirul, who are free men, covered their heads as they arrived in the court room through the court’s side-entrance. This is the final stage of appeal to decide whether the two should be found guilty or remain acquitted in the trial.

The Court of Appeal in acquitting the two found there were serious misdirections by the trial judge in the case.

To this, Tun Abdul Majid submitted yes, there were some witnesses (Special Action Unit) force members who were hostile to the prosecution during the trial but Sirul did not have an exceptional explanation how the items were found there.

Blood-stained slipper

During the trial, Sirul testified from the dock which does not bring him to being subjected to cross-examination.

Tun Abdul Majid said the police also found a bloody slipper in Sirul’s car and although the slipper did not belong to the accused, it was found there.

“The slipper does not belong to the accused but blood was found there. The pathologist said there was no blood found on the crime scene as everything had dried up. If that is the case, how could the blood end (up) on the slipper found in Sirul’s car. It must be from the scene,” said the prosecutor.

“The prosecution is saying that we have called all the relevant witnesses to prove our case, and that there is not an iota of evidence of a frame-up. It would be despicable to suggest it,” he said.

Furthermore, Tun Abdul Majid submitted that DNA was found on Sirul’s jacket and further tests later revealed that this corresponded to the DNA of Altantuya’s mother.

The question, the prosecutor asked, is how could the police obtain Altantuya’s DNA if they were to frame Sirul as the sample gained from the deceased’s mother came much later on, after the discovery at the apartment and Sirul’s car was made.

While first accused Azilah claimed he was in Wangsa Maju at the time of the incident, Tun Majid said the suspect failed to provide any witnesses to prove his alibi.

Tun Majid said the phone records obtained from the telephone company showed that he was in Puncak Alam, and it did not prove that he was in Wangsa Maju as claimed.

He also said that Azilah led police to the crime scene and Sirul also separately showed the crime scene when he was traveling with Mastor.

Hearing continues before the five-member panel led by Chief Justice Arifin Zakaria.

The other judges are Chief Judge of Sabah and Sarawak Richard Malanjum and Federal Court judges Abdull Hamid Embung, Suriyadi Halim Omar and Ahmad Maarop.

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