Altantuya murder trial: Declare a mistrial, lawyer urges High Court

(NST) – The Altantuya Shaariibuu murder trial should be declared a mistrial because the prosecution failed to call an important witness, the High Court was told yesterday.

Counsel Kamarul Hisham Kamaruddin, who is representing Corporal Sirul Azhar Umar, submitted that the case should be retried because DSP Musa Safri was not called as a witness.

Musa had introduced Chief Inspector Azilah Hadri to political analyst Abdul Razak Baginda, after Razak asked Musa for help in stopping Altantuya, a Mongolian national, from harassing him in October 2006.

Musa was also Deputy Prime Minister Datuk Seri Najib Razak's aide de camp.

Azilah and Sirul, both Special Action Squad (UTK) members , are charged with murdering Altantuya at Mukim Bukit Raja, Selangor, between 9.54pm on Oct 18 and 9.45pm on Oct 19, 2006.

(Razak, 48, was initially charged with abetting Sirul and Azilah in the murder. He was freed by the High Court on Oct 31 without his defence being called.)

Kamarul said Musa was a material witness who should have been called to the stand to prove the guilt or otherwise of the accused.

"The failure to call Musa is a miscarriage of justice.

"The prosecution may take the position that Musa is not a material witness in proving a prima facie case against Azilah and Sirul, but the defence should have had the right to cross-examine him during the prosecution's case."

Kamarul said Razak filed a bail affidavit during the early stages of the trial claiming Musa had introduced him to Azilah to help patrol his house in Bukit Damansara.

Handphone SMS records also showed there was communication between Musa and Razak.

"This would have been Razak's line of defence if he was called to enter his defence. Hence, it is important that the prosecution should have called him to testify.

"At least, we would have the right to challenge Musa's testimony, if he had said the orders came from someone else," he said, adding that it was not his duty to call Musa to repair the prosecution's case.

Kamarul also contended that direct evidence which the police had found linking Sirul to Altantuya's murder was sufficient to create a reasonable doubt to acquit Sirul.

He said a pair of white bloodstained slippers, which did not belong to Sirul, could have been planted in his jeep as the key was in the possession of a DSP Khairi for three to four days after Altantuya was murdered.

(Sirul was on escort duty in Pakistan at that time).

"Who is this DSP Khairi and why did he want the keys to Sirul's vehicle when he had nothing to do with the case?"

He also found it strange how Sirul's jacket, in which Altantuya's jewellery was found, only had the victim's DNA at the collar and armpit area inside the jacket.

Kamarul urged the court to acquit Sirul, or alternatively, declare a mistrial.

Meanwhile, Azilah's counsel Datuk Hazman Ahmad, argued that the circumstantial evidence of the prosecution was weak.

"They did not have an eye witness to show he had taken Altantuya to the crime scene. His DNA was not found there and there was no evidence to show Azilah had taken out explosives from UTK to commit the crime."

Hazman said there was insufficient evidence to prove the elements of mens rea (a guilty state of mind) or intention on the part of Azilah to kill Altantuya, and therefore he should be freed.

The prosecution will submit before High Court judge Datuk Mohd Zaki Md Yasin today.