Witness claims anxiety caused contradictions
With a possible impeachment decision clouding over him, a police witness explained to the Shah Alam High Court in the Altantuya Shaariibuu murder trial that anxiety and nervousness caused his contradicting answers.
With a possible impeachment decision clouding over him, a police witness explained to the Shah Alam High Court in the Altantuya Shaariibuu murder trial that anxiety and nervousness caused his contradicting answers.
Deputy public prosecutor Tun Majid Tun Hamzah had adduced four contradictions made by special action unit (UTK) DSP Mohd Yusri Hasan Basri, 33, in his witness statement given to the police and in his testimony before the court yesterday.
Yusri's (
photo
) impeachment surfaced after contradictions were found in the
trial-within-a-trial
to determine whether to exclude statements allegedly made by accused Sirul Azhar Umar, 36, to his interrogating officer ASP Zulkarnain Samsudin.
According to Zulkarnain, Sirul had kept the victim's jewellery in his leather jacket and had nodded and pointed at the jewellery when they were at Sirul's Kota Damansara house.
Yesterday, Yusri was testifying on events that happened when he went to Sirul house on Nov 7 last year with two other UTK officers to retrieve some of the squad's equipment.
Judge Mohd Zaki Md Yasin today spent an hour listening to Yusri's explanation on why his statements were inconsistent.
"For 16 years I have been with the Royal Malaysian Police, this is the first time that I'm testifying in court. I felt panicky and nervous," he said.
"When I gave my witness statement to the investigating officer ASP Tonny Lunggan on Aug 2 and 3, I wasn't sure of the events because the incident happened almost a year ago - on Nov 7 last year," he said.
However, the Bukit Aman-based officer explained further and said Tun Majid had threatened him outside the courtroom.
"Yesterday during the break, he (Tun Majid) had pointed his finger at me and threatened me outside the courtroom.
"I heard him say that he will grill me when the trial resumed (after the break). It made me even more nervous," he told the court.
The contradictions
His justification was applied in all four of the contradictions.
The contradictions before the court are:
Witness statement: I wasn't sure whether Sirul was brought into the bedroom because I was concentrating on retrieving UTK equipment.
Yesterday's testimony: I am sure Sirul was not brought into his bedroom, he was in the dining area at all times.
Witness statement: I'm not sure if Sirul was in the room when the D9 (serious crime unit in Kuala Lumpur Contingent headquarters) personnel and officers searched his room.
Yesterday's testimony: I am sure he was not in the room when the search was conducted.
Witness statement: I went into the house to retrieve the UTK equipment after D9 conducted their search and had brought Sirul in with them.
Yesterday's testimony: I disagree with the statement that we went into the bedroom after the D9 officers. I went in at the same time.
Witness statement: The bomb disposal unit came in to search the house after we retrieved the UTK equipment.
Yesterday's testimony: I am not sure if they went into the house. I am not sure whether they conducted a search.
Yusri had explained further during cross examination by Tun Majid that he had more time to think about the incident at Sirul's house and it was not recorded in his witness statement.
During re-examination by Sirul's counsel Hasnal Rezua Merican, the UTK officer said his change in answers in court was the result of 'careful and thorough afterthought'.
Second impeachment
Yusri's impeachment will be decided by the court only after the prosecution has wrapped up its case in questioning of all its witnesses.
This is the second time that the prosecution has applied to the court to impeach its own witness.
On July 2, the prosecution has sought to impeach Rohaniza Roslan (
photo
), 29, who is ex-girlfriend one of the accused, for giving answers which contradicted her original statement to the police.
The trial resumes tomorrow.
Two police officers, chief inspector Azilah Hadri, 31, and Sirul are charged with the murder which allegedly took place between 10pm on Oct 19 and 1am on Oct 20 last year.
Altantuya's body was said to be blown up in a jungle clearing in Shah Alam, Selangor.
Political analyst Abdul Razak Baginda, 47, is charged with abetting the murder by giving the orders out to them at between 9.54am on Oct 18 and 9.45pm on Oct 19 last year in Kuala Lumpur.
All three accused face the death penalty if convicted.


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