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We never said C-4 explosives were used in Altantuya’s murder — Deputy solicitor-general BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

We never said C-4 explosives were used in Altantuya’s murder — Deputy solicitor-general

Posted: 24 Jun 2014 12:44 PM PDT

PUTRAJAYA: It was never the prosecution's case that C-4 explosives were used in the murder of Mongolian woman Altantuya Shaariibuu, the Federal Court here heard yesterday.

Deputy Solicitor-General II, Datuk Tun Abdul Majid Tun Hamzah submitted that the prosecution had never said the substances found at the crime scene were C-4 explosives.

"We never said those explosives were those of C-4. But these people from day one, said it was C-4.

"We do not know how the Court of Appeal can say, it was C-4 explosives. We never said C-4," he said at the hearing of the prosecution's appeal against the acquittal of two former Special Action Unit (UTK) personnel, Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar over the murder of Altantuya.

Tun Majid said the UTK police never used C-4 explosives.

Speaking to reporters later, Deputy Public Prosecutor Manoj Kurup, who assisted Tun Majid, said the substances found at the crime scene were of PETN and RDX explosives.

The prosecutor (Tun Majid) said the Court of Appeal erred on the facts in calling the explosives C-4 when a prosecution witness (former Bukit Aman UTK deputy commander DSP Mastor Mohd Ariff) had testified at the trial in the High Court that UTK did not use C-4 explosives.

He submitted that the Court of Appeal again erred in law and facts when it held that there was no evidence that Azilah had custody and control of explosives any time prior to his arrest without appreciating Mastor's evidence that Azilah and Sirul Azhar had ample opportunity to possess unused explosives during training sessions.

Tun Majid also argued that DSP Musa Safri, who was the aide-de-camp to (current prime minister) Datuk Seri Najib Tun Razak when he was deputy prime minister then, was not called as a witness because his role was merely to introduce former political analyst Abdul Razak Baginda to police personnel to look after the safety of his home.

He said the prosecution had also offered Musa as a witness for the defence but that was not taken up, adding that the Court of Appeal had erred in drawing adverse inference against the prosecution in not calling Musa as a witness at the trial stage.

Meanwhile, Azilah's counsel J. Kuldeep Kumar argued that Bukit Aman's station diary showed that Azilah was at the police headquarters during the time of Altantuya's murder.

"The diary clearly cast a reasonable doubt as it was evidence which supported Azilah's alibi that he was at (the federal police headquarters in) Bukit Aman and not the crime scene," he said, adding that the Court of Appeal was right to intervene and accept the station diary as proof.

He said the High Court judge had ruled that the station diary was inadmissible as evidence.

Meanwhile, Sirul Azhar's counsel, Kamarul Hisham Kamaruddin submitted that it was unsafe to admit as evidence on the alleged discovery of Altantuya's jewellery at his client's house.

He said the prosecution had ignored the fact of existence of another set of keys to Sirul Azhar's house.

He said Sirul Azhar did not lead the police into his house to show where the jewellery was, adding that he was only called in to his house after the police discovered the items while he was waiting outside the house. The Court of Appeal had on Aug 23, last year, freed Azilah, 37, and Sirul Azhar, 42, on the murder charge after unanimously allowing their appeals, hence, overturning their conviction and death sentence imposed by the Shah Alam High Court in 2009, which found them guilty of murdering Altantuya, 28.

They were charged with murdering the woman at Mukim Bukit Raja in Shah Alam between 10pm on Oct 19 and 1am, the following day in 2006.

Abdul Razak, 50, who was charged with abetting Azilah and Sirul Azhar, was acquitted by the High Court on Oct 31, 2008 after it (the high court) held that the prosecution failed to establish a prima facie case against him.

Hearing before the five-member panel led by Chief Justice Tun Arifin Zakaria continues today. — Bernama

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Lorry driver jailed one month for stealing three packets of Milo

Posted: 24 Jun 2014 12:36 PM PDT

KUALA LUMPUR: A lorry driver was sentenced to one month's jail by a Magistrate's Court here yesterday after he pleaded guilty to stealing three packets of Milo worth RM53.55 in a supermarket yesterday.

Magistrate Nur Azura Murah ordered the sentence on Hashanizam Husain, 34, to begin from the date of arrest, June 23.

Hashanizam was convicted for committing the offence in a supermarket in Jalan Sungai Besi here at 8pm, under Section 380 of the Penal Code which carries a jail sentence of not more than 10 years and a fine.

According to the police report, the accused, who was a single parent, had taken the items without paying for them before being chased by a guard while trying to escape.

However Hashanizam was injured in the face when he was rammed by a car while trying to escape and was later arrested by the police.

Prosecution was conducted by Deputy Public Prosecutor Ravindran Selvaraj.

In another Magistrate's Court, a trader was jailed six months for causing hurt on another man, Puvanesvaran Kuppusamy, 24, on Jan 9 by using a stick.

The sentence on S Ravichandran Sinnawasagam, 28, started yesterday. — Bernama

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Cop freed of charges over RM50,000 alleged bribes

Posted: 24 Jun 2014 10:29 AM PDT

by Natasha Sim. Posted on June 25, 2014, Wednesday

KOTA KINABALU: The Sessions Court here yesterday discharged and acquitted a police officer on three charges of receiving bribes totaling RM50,000 from a suspect whose case he was investigating.

Judge Caroline Bee Majanil released Inspector Mohd Fahmi Zakri, 31, of all the charges after ruling that the prosecution had failed to establish a prima facie case.

In the first two charges, Fahmi was accused of corruptly receiving RM30,000 and RM15,000 respectively, from one Joseph Ling as inducement for not taking any action against Joseph, who is being investigated in a cheating case by the accused.

The alleged offences happened once on May 17, 2012, at 11am, and in another transaction at 3pm, on the same day at the Commercial Crimes Unit Office of the Kota Kinabalu police headquarters.

The charges under Section 16 (a) (B) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 and punishable under Section 24 of the same Act, carries up to 20 years' jail and a fine of up to five times of the bribery amount or RM10,000 depending on which amount is higher, upon conviction.

In the third charge, he was accused of corruptly agreeing to a RM5,000 bribe offered by Joseph for the same purpose on May 22, 2012, at the same place.

The third charge was framed under Section 17 (a) and punishable under Section 24 of the same Act.

During trial, counsel Zahir Shah for the accused argued that the credibility of the prosecution's main witness, Joseph, was a damaged one.

According to the defence, Joseph had given conflicting testimonies in court, as compared to his report to MACC and the police.

The prosecution, led by MACC prosecuting officer Awang Shamsul Baharam had called a total of 32 witnesses since trial commenced on June 13, 2013.

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Six jailed, four fined over drugs

Posted: 24 Jun 2014 10:28 AM PDT

KOTA KINABALU: Ten people, including three women, were convicted at a Magistrate's Court here yesterday on separate charges of consuming syabu.

Four of them were each fined RM2,000, in default, three months' jail while the rest were each jailed two months.

They pleaded guilty before magistrate Cindy Mc Juce Balitus to each of their charges under Section 15 (1) (a) of the Dangerous Drugs Act 1952 which carries a maximum fine of RM5,000 or a jail term of up to two years upon conviction.

Prosecuting officer Inspector Azaman Hamat told the court that the accused were arrested during operations at Kampung Lokub in Menggatal, Kampung Air here, Tanjung Aru, Kampung Likas, Kepayan Perdana and at Karamunsing police station between May 20 and 24 after their urine samples tested positive for drug abuse.

The court also ordered all the accused to be placed under police supervision for two years.

Prosecuting officer Inspector Azaman Hamat appeared for the prosecution.

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No prejudice should arise from court ruling – DPM

Posted: 24 Jun 2014 10:12 AM PDT

KUCHING: Deputy Prime Minister Tan Sri Muhyiddin Yassin said whatever the outcome of the court case regarding the use of the word 'Allah', should not give rise to prejudice from any party.

He said the good understanding between races and religions, which had developed in the country all these while based on the Federal Constitution and laws of the nation, must be adhered to by all.

He said it must be accepted despite a difficult and sensitive situation as it involved the interests of all quarters and all religions besides ensuring no issues or conflicts would take place which could affect cooperation and unity.

"I agree with the general view in this matter, we need to move forward, the inter-racial and inter-religious relations must be upheld," he told a media conference after attending a Sarawak Barisan Nasional (BN) briefing at a hotel here yesterday.

On Monday, the Federal Court rejected an appeal from the Roman Catholic Church for the withdrawal of the government's ban on the use of the word 'Allah' in the weekly publication of The Herald in the Malay version.

For Sabah and Sarawak, Muhyiddin said the cabinet had formulated a 10-point resolution which was the best moderate way to address the issue.

Meanwhile Chief Minister Tan Sri Datuk Amar Adenan Satem, who was also at the media conference, said: "It's not a problem with us". — Bernama

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