Thursday, 24 July 2008

Court rejects bid to call Najib as witness – Malaysiakini

The Shah Alam High Court has dismissed an application by lawyer Karpal Singh to call Deputy Prime Minister Datuk Seri Najib Razak and two senior police officers to testify as witnesses in Mongolian Altantuya Shaariibuu’s murder trial. – Malaysiakini

The High Court also dismissed an application to recall private investigator P. Balasubramaniam to give evidence after hearing objections from all parties.

Justice Mohd Zaki Md Yasin rejected the motion filed by Karpal Singh, saying he was of the view that such applications must be made by the prosecution or the defence.

Karpal Singh, who is holding a watching brief for the family of the slain Mongolian woman,
had applied to summon Deputy Supt Musa Safri, lawyer Dhiren Rene Norendra and and a police officer identified only as deputy superintendent of police Idris to testify as witnesses.

"Section 425 of the Criminal Procedure Code (CPC) is divided into two limbs. The first limb is discretionary, (and) can be made upon application. The second limb is imperative, when the court feels it is essential to the justice of the case. Under the first limb it must be upon application of the parties of the trial.

"The victim to my mind is excluded. As to the second limb, to my mind the case of Om Prakash is readily distinguishable. This application under the first limb and the alternative player for the case to be put on hold are rejected," Mohd Zaki said.

On July 21, Karpal filed a notice of motion to call Najib and three others to testify and recall Balasubramaniam, who was the first prosecution witness, in the murder trial.

Earlier in his submission, Karpal said the family of Altantuya had the right to ensure justice was done in this case and it was imperative that this application be heard and a decision made.

"In the interest of justice, the DPP (Deputy Public Prosecutor) should support the application," Karpal said.

DPP Tun Abd Majid Tun Hamzah said the victim (Altantuya) had no locus standi and the two statutory declarations were hearsay. He also objected the application.

Lawyer Kamarul Hisham, who is representing accused Corporal Sirul Azhar Umar said that in English common law, it was always the province of the public prosecutor which witnesses were to be called.

Sources: Malaysiakini, the Star, Bernama
Full report Malaysiakini (in BM) - Mahkamah tolak permohonan panggil Najib: here

10 comments:

wisdomthinker said...

When it comes to cases involve BN government, he is the first one stood up making noise. I don't mind if you want to summon Najib or Bala either as the faster they are testified the faster this case will be solve soon.

Just don't forget to summon Anwar and Saiful in the court trial for their case. Don't be a double standard.

ingin tahu juga said...

wei wisdomthinker,

You get bet your bottom...I mean bottom dollar, the Govt will not hesitate to put Anwar on tirial (am not too sure about saifool) the moment it has gathered enough evidence.

I suppose the police have not enuff evidence yet although they have interviewed some 22 people regarding the allegations by Saifool.

LeeZ said...

aiyoo wisdom....

ni betul2 wisdom thinker ke tak???

macamana nak panggil NAJIB kalau court awal2 dah REJECT the motion???

of course DSAI will not have problem to testify in court when summoned (most prolly)... but what about NAJIB???

tolong tukar nick tu yer....

Anonymous said...

it's a shame and disgrace to malaysian jurisdiction system, as our peguam negara and hakim seem don't bother about the truth and justice when there are apparently new critical evidents surface.

memang memalukan umat islam.

nt ameno said...

Talk about judiciary reforms?

Podah!!!!

Samuel Goh Kim Eng said...

We have our man-made courts on earth
And there's still a divine court above
Whatever can't be solved through human birth
We'll need not man's hate but God's love

(C) Samuel Goh Kim Eng - 240708
http://MotivationInMotion.blogspot.com
Thu. 24th July 2008.

Me... Only Better said...

Tok Mommy..kite dah dua kali minta jadi facebook friend...tapi tak berjawab...macam tak sudi jer...sob sob sob...tak pe la..sob

maria a samad (kak ton) said...

me...only better,

Have just added you. Sorry I havent checked my facebook of late. Busy ler.

It's a small world indeed. Yes, I know your sister. Please send her my salaam.

Would really love to meet up with her. Been sometime since we have breakfast together.

tak nak tahu sangat said...

Sibuk nak jatuhkan orang BN. Kalau setakat main cakap je yang Najib tu terlibat tapi takda bukti takda guna gak. Dengar sangat cakap Raja Petai yang dah lain macam tu. Dia main cakap je ada tu ada ni, tapi habuk pun tarak. Sibuk sangat buat kerja kotor Anwar.

tak nak tahu sangat said...
This comment has been removed by a blog administrator.