Agency asks High Court to stop him
(NST) SHAH ALAM: T. Sivanesan's testimony in court yesterday could be expunged if the Petaling Jaya High Court rules that his evidence is not relevant.
The High Court will hear a revision application filed by deputy public prosecutor Datuk Abdul Razak Musa today.
The application, which was filed when Sivanesan took the witness box yesterday, was to stop the witness from giving evidence as it was deemed not relevant in the inquest to determine the circumstances leading to Teoh Beng Hock's death.
Razak, who is appearing for the Malaysian Anti-Corruption Commission, said Sivanesan's testimony had no bearing on the inquest as he was a suspect in a graft probe while Teoh was a witness.
Sivanesan was called as a witness by counsel Gobind Singh Deo to show that MACC officers used physical torture and threats when questioning suspects and witnesses.
Before Sivanesan began testifying, there was a heated exchange between Gobind and Razak on the relevance of the witness's testimony.
In earlier proceedings, coroner Azmil Muntapha Abas had ruled that Sivanesan's testimony could be relevant and allowed Gobind to call him as a witness.
When proceedings began yesterday, Razak urged the court to re-argue the submissions to determine if Sivanesan should take the stand.
"We have reached a turning point. The court may need to seek guidance from the High Court on my ruling and I am willing to send it for revision to a higher authority," Azmil said.
Counsel Malik Imtiaz Sarwar, for the state government, jumped to his feet and told the court not to back down.
"You (Azmil) have already made a ruling. Just because MACC makes noise now you are making a U-turn. If they want to make a revision, let them do it.
"If you reverse your ruling, the public will think that the coroner is being held ransom by MACC."
Razak told the court the evidence by Sivanesan would be prejudicial as there were two reports pending investigations by MACC and the police. He then applied for a stay.
Gobind, however, protested as he claimed that the witness might not come back to court if he was not allowed to give evidence.
"If this witness does not come back, then you have nobody but yourself to blame," he told Azmil.
Gobind also urged Azmil not to entertain Razak's application, claiming that the DPP was taking the court for a ride.
"Razak is making an attempt to stop my witness from testifying.
"Why is MACC so afraid to hear this witness? They can challenge his evidence later," Gobind said, adding that what Razak was trying to do was tantamount to contempt.
After hearing arguments, Azmil ordered the proceedings to resume by calling Sivanesan into the witness box.
