Azilah not hired killer, says lawyer

Lawyer Datuk Hazman Ahmad representing Chief Inspector Azilah Hadri in the Altantuya Shaariibuu murder trial today stressed that the first accused was not a hired killer or gangster involved in secret societies.

Hazman said Azilah was a police officer who just helped out on the request of a senior officer and was not promised a promotion due to Altantuya’s death.

“Police officers have discretion to assist in any situations even though no police report is made. The first accused had nothing to gain from causing the death of the deceased. More so the first accused did not know the deceased.

“There is no evidence that proves that if the deceased was killed, the first accused would be promoted, get payment or reward. The circumstantial evidence is very weak. There is no direct evidence that the first accused had committed the murder,” Hazman said while submitting at the end of the defence’s case.

He said throughout the trial there were no eye-witnesses or Azilah’s DNA at the scene of the crime, adding there was no evidence that grenades and explosives were taken by Azilah to commit murder.

“The duties of the first accused also did not require the use of explosives or bombs as at the time of the incident he was only given duties to protect VVIPs and VIPs and in those duties bombs and explosives are not needed,” Hazman said.

He also submitted that the prosecution had failed to prove that Azilah took Altantuya to the scene as there was contradiction in the evidence of the witness from Celcom.

Before ending his submission, Hazman asked the High Court to acquit Azilah as the prosecution had not proven its case.

Meanwhile, Cpl Sirul Azhar Umar’s counsel, Kamarul Hisham Kamaruddin, submitted that his client should be acquitted or the court declare a mistrial and for the case to be retried with Sirul, Azilah and political analyst Abdul Razak Abdullah Baginda, who was cleared earlier of an abetment charge. Kamarul said it was a mistrial as a material witness, DSP Musa Safri, was not called.

“It is our humble submission that there is more than reasonable doubt to acquit and discharge the accused. In the alternative if the court finds reasonable doubt the trial should be declared a mistrial.

“In the context of our case. We are contending that DSP Musa is a clearly material, relevant and crucial witness in at least two senses. First, to establish perhaps the guilt of any one of the three accused persons and second it would place him to be challenged through cross examination by Azilah and Sirul Azhar,” he said.

Kamarul Hisham also submitted that the prosecution may contend that the effect that follows by not calling him is that the prosecution has failed to prove a case against Abdul Razak and there is no bearing on the other two accused. “We contend that this is a serious case of injustice and it cannot be corrected against the other two accused. Supposedly DSP Musa corroborates the story of Abdul Razak as per affidavit as true, if we took that line of defence, we could have challenged superior orders. At least we could have had the chance to cross examine him to show that it could not have come from somewhere else.

“We are going to contend that the role of DSP Musa is so important that he could have provided evidence to prove the guilt of any one of the accused persons. The mere failure to bring forth that evidence is a failure of a statutory duty to prove the case against the accused person. On that basis, the court can dismiss the case,” he said.

Kamarul said the prosecution in its opening statement had said: “Evidence will be provided that the third accused had told of problems and threats to a friend and had asked for advice. The friend, DSP Musa, had advised making a police report as the threat was serious.”

However, Kamarul said DSP Musa was not called to clarify the matter while Azilah met Abdul Razak on DSP Musa’s request after his friend sought help. “Is this probative value of guilt? It could be so, at least the prosecution thought so. No doubt that the prosecution is not bound by its opening statement, but it goes to show that DSP Musa is a material witness. The fact that it was not brought to show guilt is sufficient for the court to order a mistrial. If DSP Musa could have proven guilt, and he was not called, it is a mistrial,” he said.

Kamarul Hisham also submitted that the prosecution had not presented any evidence that Sirul’s DNA was on the jacket and jewellery of Altantuya.

The trial before Justice Datuk Mohd Zaki Md Yasin continues tomorrow.

Azilah, 33, and Sirul, 37, are on trial for allegedly murdering the 28-year-old translator between 10pm on Oct 19 and 1am on Oct 20, 2006 at Mukim Bukit Raja here. — Bernama