DPP wants review of expunged statements
Prosecutor Tun Majid Tun Hamzah told the court today that he wanted Judge Mohd Zaki Mohd Yasin's earlier decision to expunge a "prejudicial" statement from chief inspector Kamaroszaaman Othman's testimony to be reviewed at the end of the prosecution case for the murder trial of Mongolian national Altantuya Shaariibuu.
Prosecutor Tun Majid Tun Hamzah told the court today that he wanted Judge Mohd Zaki Mohd Yasin's earlier decision to expunge a "prejudicial" statement from chief inspector Kamaroszaaman Othman's testimony to be reviewed at the end of the prosecution case for the murder trial of Mongolian national Altantuya Shaariibuu.
Clearly frustrated, the prosecutor told the judge: "At this particular stage, I'm afraid I have to request for a full submission under Section 8 (of the Evidence Act), as will I request for your lordship to review your earlier ruling at the end of the prosecution case".
The request came right after two highly incriminating statements were made by a new witness, ASP Zulkarnain bin Samsudin.
Zulkarnain, 34, brought the second accused, Sirul Azhar Umar to the crime scene on Nov 6 last year.
The police officer, who belongs to the Serious Crime Unit (D9) in Bukit Aman police headquarters, made the first incriminating statement against Sirul which amounted to a confession, directly linking Sirul to the murder of Altantuya Shaariibuu.
The judge immediately told the court that he "would not record that statement" as it amounts to a confession by Sirul.
The witness then made another highly incriminating statement against Sirul.
According to Zulkarnain, Sirul said "he(Sirul) can point out the place where the Mongolian woman was blown up".
At this point, Kamarul Hisham Kamarudin, counsel for Sirul, stood up to object.
"I object. This clearly amounts to a confession or admission and it is not admissible."
Tun Majid then stood up and argued for the statement to be recorded first and then a ruling to be made later. He also stated that he will make a full submission on this matter on Monday.
Azilah surrendered himself
Zulkarnain, the 23rd witness in the trial, also told the court that he was ordered to arrest Azilah Hadri, the first accused, who would surrender himself voluntarily at the Serious Crime Unit (D9) unit in Bukit Aman.
The officer recounted confiscating Azilah's Nokia phone, wallet and two more mobile phone SIM cards found in his wallet after Azilah was arrested.
Zulkarnain said he was ordered to interrogate Azilah, but no statements were recorded. The interrogation lasted for two hours.
He also told the court that himself, two other police officers, and the previously detained lance corporal Rohaniza Roslan (
right)
confiscated Rohaniza's red Proton Wira aeroback as evidence on the same day at 11.45pm.
Rohaniza testified earlier that the red Proton Wira, which was seen by Abdul Razak Baginda's private investigator P Balasubramaniam, as the car that took Altantuya away on Oct 19 last year.
Azilah, 31, and Sirul, 36, are charged with killing Altantuya between 10pm on Oct 19 and 1am on Oct 20 last year.
Political analyst Abdul Razak Baginda, 47, is charged with abetting them. All three face the death penalty if convicted.
The proceedings will continue on Monday 9am at the Shah Alam High Court.
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