High Court judge Mohd Zaki Md Yasin today allowed for a trial-within-a-trial to determine the admissibility of evidence relating to second accused Sirul Azhar Umar showing the police the place where he kept Mongolian national Altantuya's jewellery.

In an oral judgement, Mohd Zaki said the mini-trial was allowed "in the interest of fairness".

This is seen as another setback for the prosecution team in admitting statements vital to their case in charging Sirul for the murder of Altantuya Shaariibuu.

The trial-within-a-trial was sought by Sirul's lawyer Kamarul Hisham Kamaruddin after he objected testimony by witness ASP Zulkarnain Samsudin yesterday .

Zulkarnain told the court that Sirul had said 'I kept the jewellery in my jacket' and had nodded and pointed at the jewellery with his finger when they were at Sirul's Kota Damansara house.

According to the serious crimes unit officer, he found a Larmes watch, a diamond ring and a pair of earrings on the inside left pocket of Sirul's black leather jacket.

Kamarul's applied for the statement to be excluded, adding that a trial-within-a-trial was needed to determine the admissibility of the evidence.

Mohd Zaki heard submissions by all parties today before allowing for a trial-within-a-trial.

Judge's discretion

Deputy Public Prosecutor Tun Majid Tun Hamzah ( photo ) argued that the trial-within-a-trial should not be held because the judge can exercise his discretion to exclude evidence without the need for a mini-trial.

"A trial-within-a-trial cannot be held simply because it is not for exclusion (of evidence) but for admission. The judge is not bound to have a voir dire (trial-within-a-trial)," he said.

However, the judge decided in Kamarul's favour who argued that based on case law, the court has the discretion to exclude evidence which is best done through a voir dire .

"The question of exclusion goes beyond whether Sirul's statement was made voluntarily or not. The fair trial principle exceeds all boundaries of voluntariness," he said.

Mohd Zaki - who made his ruling after a 30 minute break - instructed Kamarul to begin the trial-within-a-trial immediately.

However, the defence counsel told the court that he needed another hour to take instructions from Sirul.

The trial-within-a-trial will only be held after Zulkarnain has completed giving his testimony.