Rakaman sidang media oleh YB Dato' Hj Husam Musa, Naib Presiden PAS merangkap ADUN Salor setelah dibebaskan dari tahanan di IPD Kota Bharu,Pengkalan Chepa pada jam 5.05 petang.
Husam ditahan reman dua hari bermula semalam di Ibu Pejabat Polis Daerah Kota Bharu selepas ditangkap di Kampung Pandan Ampang dua hari lalu.-f/bk
Trial judge did not address common intention for Sirul and Azilah to murderAltantuya...
The Court of Appeal has noted that the Shah Alam High Court judge presiding over the Altantuya Shaariibuu murder trial did not address the issue of common intention for the two Special Action Unit personnel to murder her.
The matter was raised by judge Linton Albert today, who pointed out to deputy solicitor-general III Tun Abdul Majid Tun Hamzah that Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar were jointly charged under Section 34 of the Penal Code with murdering Altantuya.
Justice Linton pointed out near the closing of today’s proceedings that High Court judge Mohd Zaki Md Yassin did not address this issue at all.
“There is nothing in (the High Court judgment) which addresses this issue,” he said.
Justice Md Apandi Ali, who heads the three-member bench, concurred and said in joint trial cases, common intention has to be one of the focal points or elements proved.
“There is nothing in the judgment where the judge mentioned or made reference to Section 34 or said common intention,” Justice Apandi said.
After submitting vigorously, Tun Abdul Majid (right) agreed with the two judges that the issue was not addressed by the trial judge, and admitted this issue could be one point of the non-direction in the judgment.
However, the deputy solicitor-general III defended the judgment in finding Azilah and Sirul guilty.
This led to Justice Apandi to say, "Man can only plan, God will decide".
"Maybe the non-direction is a petunjuk tuhan (divine intervention). You may have a strong case, but why had the judge made a non-direction?"
Lawyers for Azilah and Sirul have been raising issues of non-direction by the judge in delivering the guilty verdict against their clients, arguing that this constituted a mistrial.
Justice Mohd Zaki in his judgment stated that motive was not an issue, for whatever the motive was, it was a matter of law that although it is relevant, it has never been essential.
Kamarul Hisham Kamaruddin, who appeared for Sirul, said there was non-direction by Justice Mohd Zaki in determining the DNA evidence performed on a blood-stained slipper found in Sirul’s car, which was said to be Altantuya's blood, and as rightly pointed out by the court, the issue of common intention.
“There were serious non-directions by the court below which did not address it,” he said.
‘Slipper of a different size’
Kamarul also pointed out, in reply to Tun Abdul Majid, that it was not known to whom the blood-stained slipper belonged.
“My client wears a size seven and yet the slipper purportedly with Altantuya’s blood stain is a size nine. No DNA test was done to show to whom the size nine slipper belonged,” he said.
Kamarul (right) said Sirul’s car could have been tampered with as he was in Pakistan on assignment for three days, during which he had handed over his car and house keys to Bukit Aman for safekeeping.
During the three days while Sirul was in Pakistan, Kamarul said, anything could have happened including fabrication by the police in planting evidence there.
Kamarul said his client’s slipper was placed in the boot of the car and not under the front passenger seat, and hence there was a mystery as to whom the blood-stained slipper belonged.
During the trial in the High Court, Sirul gave an unsworn testimony from the dock that he was made a scapegoat in this caper to protect the plans of others and claimed the real persons responsible were not in court that day to answer.
Sirul also testified that he had been asked by police photographers to pose showing his jacket placed in his apartment, where Altantuya’s jewellery was also found.
When the Court of Appeal judges asked Tun Majid, he acknowledged that the prosecution did not ascertain to whom the slipper belonged.
However, the deputy solicitor-general III said there was evidence to show that the deceased (Altantuya) was also brought into Sirul’s car.
“Probably she had been hurt prior to this and the slipper was there and got stained by the blood,” said Tun Majid.
Not satisfied with the reply, Justice Linton said there had been a lot of speculation, and the court is being asked to send the two to the gallows on mere speculation.
The appeal was fixed for three days but the submissions came to a close today, the second day.
Justice Apandi said they would need time to go through the volumes of evidence and case laws cited and vacated tomorrow’s hearing.
“We will certainly not be delivering our judgment tomorrow and will prepare written grounds for a date to be fixed,” he said.-malaysiakini
Selipar berdarah saiz 9 itu milik siapa? Sirul, Azilah,Razak,Najib