Altantuya Murder Case 23/07/07

Azilah not read his rights during arrest

SHAH ALAM (July 23, 2007): Murder accused Chief Insp Azilah Hadri was not read the rights of an arrested person before he was interrogated, the Altantuya Shaariibuu murder trial heard today.
Chief Insp Koh Fei Cheow revealed this when cross- examined by Azilah's lawyer Kuldeep Kumar, who also grilled Koh on the possibility that the police led Azilah to a recovery of bone fragments.
Later, Kuldeep asked Koh about what happened during the journey from the Kuala Lumpur Contingent Headquarters (IPK KL) to the crime scene and the apparent conversation between Azilah and DSP Zainudin Abdul Samad from the Bukit Aman interrogation unit (D6) who accompanied Koh, two other detectives and a driver to the scene.
Earlier, Koh said he did not know Zainudin had been assigned to interrogate Azilah and that he only met him when he was leading Azilah from the lock-up to the four-wheel-drive which was to take them to the crime scene.
Kuldeep: Do you know that Zainudin told Azilah 'Azilah, I am very happy today, we know the location of the crime scene. You don't have to tell. Sirul has also gone back. You follow the Chinese officer who will come soon.'
Koh: I don't know that DSP Zainudin told Azilah this.
Kuldeep: Did Azilah then say: 'Tuan, since you know the location, why take me there.'
Koh: I totally do not know of a conversation between DSP Zainudin and Azilah.
Kuldeep: Did DSP Zainudin say: "Azilah, this is an order you have to obey. Follow and listen to our instructions. There is no need to be stubborn (Tak payah nak tunjuk kepala angin kamu).
Koh: I do not know of this conversation between DSP Zainudin and Azilah.
Kuldeep: When Azliah was brought out of the IPK KL, the manner in which he was taken to the crime scene was as if you had all knew where it was.
Koh: I disagree.
Kuldeep then suggested that during the journey, DSP Zainudin had made and received several calls and that the calls were instructions to the crime scene.
Koh said he did not know.
But Koh agreed with Kuldeep that they stopped for a while when they reached the signboard stating Puncak Niaga Empangan Tasik Subang.
He however said he did not know if Zainudin alighted from the vehicle and took some calls outside.
To a suggestion from Kuldeep that DSP Zainudin then entered the vehicle and told the driver to wait until further instructions are given, Koh said he did not hear this.
Kuldeep: A Pajero arrived about two to three minutes later and stopped at the junction and Zainudin then gave instructions to follow the Pajero.
Koh: I don't know.
Kuldeep: As both your Pajero and the one leading you went up the hill towards the crime scene, there was a motorcycle with one rider making it's way down the hill.
Koh: I don't remember.
Kuldeep: When your Pajero stopped at the open space, you and Zainudin alighted and went to the fringes of the open space and turned back after that.
Koh: I don't agree.
Kuldeep: Azilah then alighted from the vehicle and looked around.
Koh: Agree.
Kuldeep: At that time, I put it to you that Zainudin scolded Azilah and brought him to the place on the fringes of the open area where the leaves were withered.
Koh: I don't agree.
Kuldeep: Azilah then told Zainudin that he didn't know the place.
Koh: I don't know.
Kuldeep: Was there a stench to indicate that something had happened there.
Koh: I didn't notice.
Kuldeep: Zainudin told Azilah: "Go forward some more, point it out! point it out!"
Koh: I did not hear Zainudin say that.
Kuldeep: Did Azilah then say: "Show what? I don't know this place."
Koh: I don't know.
Kuldeep: Do you agree that in this case, what happened was that the police brought Azilah to the crime scene and led him to a recovery.
Koh: I don't agree.
Kuldeep: Did you know that before you met him, Azilah had been interrogated for six days at IPK KL.
Koh: No.
Kuldeep: I put it to you that Azilah never gave you any information and that he never spoke to you when in IPK KL.
Koh: I don't agree.

Judge: Tell me at which point trial-within-trial should be held

SHAH ALAM (July 23, 2007): The court today wanted both the prosecution and the defence in the Altantuya Shaariibuu murder trial to show at which stage a trial-within-a-trial should be held, if it is indeed necessary.
Judge Datuk Mohd Zaki Md Yasin said he did not want to hear submissions from the point of law - on Section 26 of the Evidence Act - on why a trial-within-a-trial should be held.
He instead wanted them to submit on at which juncture it should be held as "everyone knows the reason why a trial-within-a-trial is held".
He said this after the prosecution contended a trial-within-a-trial should not be held, while the defence reiterated there was a need for it.
Deputy Public Prosecutor Tun Abdul Majid Tun Hamzah said any trial-within-a-trial is in respect of admission and confession, not exclusion of evidence adduced.
He said in the earlier cases referred to by the defence, a trial-within-a-trial was held before the inclusion of the confession, not information leading to discovery, and it was decided once and for all if the evidence is admissible.
Tun Abdul Majid said in those cases, the issue revolved around the confessions made by the accused person pertaining to a crime allegedly committed.
In the present case, however, he said there was no such testimony but instead a statement by the accused which led police to the discovery of the crime scene and subsequently the bone fragments.
The defence had argued that the statements made by Chief Insp Azilah Hadri which led the police to the crime scene should not be admitted because it was made by Azilah while under police custody.
"It is my submission that these are two distinct and separate matters. The procedure adopted was different. Our submission is that there should not be a trial-within-a-trial," said Tun Abdul Majid.
Lawyer J. Kuldeep Kumar, representing Azilah, said according to the case he cited, a trial-within-a-trial was held as soon as an objection was raised on the inclusion of the information derived during a testimony.
"There is no exclusion if there is no inclusion," said Mohd Zaki in reference to both the prosecution and defence arguments.
He then suggested the prosecution proceed with the examination-in-chief.
Kuldeep Kumar objected, saying that once the evidence was admitted, they would not be able to challenge it.
"That is the reason why we are trying to exclude this evidence, and this can only be done through a trial-within-a-trial," he said.
Mohd Zaki said he would decide later if a trial-within-a-trial should be held and if so, at which point.
Tun Abdul Majid then continued with his examination-in-chief on Chief Insp Koh Fei Cheow and referred him to photographs taken at the crime scene and also the path leading to the area.
Koh identified it as the road to the Tasik Subang dam area and the crime scene was in some undergrowth beside an open area on the hill.
He said they discovered some bone fragments at the site where there were leaves with burn marks and dead trees.
The spots where the Mongolian woman was allegedly shot and later blown up were also not far apart, Koh told the court.
He was later cross-examined by Kuldeep.

What happened today (Day 23)

* Prosecution continues its examination-in-chief of Chief Insp Koh Fei Cheow from KL's Serious Crimes Division.
* Judge Datuk Mohd Zaki Md Yasin wanted prosecution and defence to submit on at which juncture a trial-within-a-trial should be held on an incriminating testimony from Koh. He will decide later if it should be held and if so, at which point.
* Defence lawyer Kuldeep Kumar, for Chief Insp Azilah Hadri, later cross-examined him.

Witness: It's Possible Azilah Did Not Know Murder Location

SHAH ALAM, July 23 (Bernama) -- An officer from the Major Crimes Investigation Department of the Kuala Lumpur Police Headquarters told the High Court here there is a possibility that Chief Inspector Azilah Hadri did not know the location where Mongolian woman Altantuya Shaariibuu was murdered.
Chief Inspector Koh Fei Cheow, 38, who was continuing his testimony, agreed with defence counsel J.Kuldeep Kumar, representing Azilah, that there was a possibility that Azilah did not know the location as he was not certain of the route that they had taken to get to the murder scene.
Last week, Koh had testified that Azilah, from the Special Action Squad (UTK) of Bukit Aman, had taken a police team to Puncak Niaga Empangan Tasik Subang, Selangor, the location where Altantuya was shot and later blown up on Nov 6, last year.
The witness, however, said that throughout the journey to the murder scene, the police team had stopped several times as Azilah was not certain of the route.
Koh is the 20th prosecution witness in the murder trial which entered its 23rd day today.