The High Court in Shah Alam today dismissed an application by the defence in the murder trial of cosmetic millionaire Sosilawati Lawiya and three others to cite the prosecution for contempt of court.

Lawyer Manjeet Singh Dhillon had filed the application on Aug 11 against deputy public prosecutors Idham AbdGhani and Saiful Edris Zainuddin following their case against key prosecution witness U Suresh for perjury.

Judge Akhtar Tahir made the decision after finding that it was the prerogative of the prosecution to prosecute any individuals and that their action in accusing Suresh for perjury was not subjected to contempt of court.

He said the deputy public prosecutors had been given the power to initiate criminal proceeding and they were required to abide by the Public Prosecutor’s directive to prosecute.

“This is not their fault. I have also studied (the charge at the Sessions Court) and found that the charge in the lower court (Sessions Court) is related to a criminal charge and will not affect my ruling.

    

“However, I find that the charge in the Sessions Court is related with the proceeding in the High Court. Hence, there is a possibility the notes of proceedings for the case in this (High) court will be tendered and also the likelihood that it will disrupt the proceedings of the case in this court,” he added.

Hence, Akhtar ordered a halt to the hearing of the Sessions Court’s case pending the disposal of the case at the High Court.

He also adjourned hearing to tomorrow after being informed that a prosecution witness, who was supposed to be called to testify today, was on sick leave.

In the application filed on Aug 11, Manjeet Singh, who represented former lawyer N Pathmanaban, the first accused in the murder case, said the charge against Suresh should not have been made since the trial was still on and the presiding judge (Akhtar), had yet to make his decision on whether to impeach the witness.

    

The application was supported by lawyers Amer Hamzah Arshad, Gurbachan Singh and Ravi Nekoo, who represented the three other accused.

Charged with giving false evidence

The application was filed a day after Suresh pleaded not guilty and claimed trial to a charge of giving false evidence during the proceedings of Public Prosecutor vs N Pathmanabhan, T Thilaiyalagan, R Matan and R Khatavarayan before Judge Akhtar Tahir, contradicting his statement to recording officer ASP Ong Seng Keong on Oct 26, 2010 in Sungai Udang Prison, Malacca.

The offence was allegedly committed between 9.30am and 12 noon on July 25 and 27 in High Court 8 in Shah Alam.

Suresh is the 29th prosecution witness in the trial of Pathmanabhan, 42, Thilaiyagan, 20; Matan, 21, and Khatavarayan, 31, who are charged with murdering Sosilawati, 47; lawyer Ahmad Kamil Abdul Karim, 32; bank officer Noorhisham Mohamad, 38; and Sosilawati’s driver, Kamaruddin Shamsuddin, 44, at Lot 2001, Jalan Tanjong Layang, Tanjung Sepat, Banting, between 8.30pm and 9.45pm on Aug 30, 2010.

- Bernama