11 June, 2008
Considering my impending sedition trial and all that, I am not sure whether I am any longer allowed to comment on the Altantuya murder -- so maybe I should just copy and paste these two news items and allow these mainstream media news items speak for themselves.
NO HOLDS BARRED
Raja Petra Kamarudin
Mongolian’s murder: Razak reveals his relationship with Altantuya
R. Surenthira Kumar, The Sun, 19 January 2007
In a desperate bid to secure bail, political analyst Abdul Razak Abdullah today revealed in High Court his relationship with Mongolian interpreter Altantuya Shaariibuu.
Saying that he first met Altantunya in Hongkong at the end of 2004, and in a relationship that lasted about eight months, Abdul Razak said he gave her US$10,000 three to four times, and more.
He said Altantuya told him that she was a student, and to earn a living she worked as a “part-timer” but Abdul Razak did not elaborate what it meant.
He said he also took pity on Altantuya because she said her mother had cancer.
Razak’s statement was contained in an affidavit tendered to the court by his counsel Wong Kian Kheong who read it out.
The affidavit was tendered by Wong in an attempt to obtain bail which High Court judge Datuk K.N.Segara had denied him earlier because there was no medical grounds to support his application for bail.
Wong told the court that there were no reasonable grounds to hold his client under detention, as he has not been found guilty.
He then tendered the affidavit, which details Abdul Razak’s movements, actions and relationship with Altantuya.
Abdul Razak said he got acquainted with the Mongolian woman in Hongkong at the end of 2004 and had met her in Shanghai in early 2005, Singapore, Kuala Lumpur and France in middle of 2005.
The relationship continued for about seven to eight months until Abdul Razak ended it. Razak said Altantuya identified herself as Aminah during their relationship.
Wong said Razak stopped giving money to Altantuya after she continued to demand for more and he could not tolerate it any longer.
During Wong’s argument, Abdul Razak was seen asking Wong’s assistant for a piece of paper to jot down something before passing it back for Wong’s attention.
In the affidavit, Abdul Razak also explained about the harassment he encountered from Altantuya when he decided to end his relationship with the woman.
He said the matter became serious when Altantuya continued with the harassments through SMSes and telephone calls and he decided to seek help when Altantuya threatened to harm his daughter.
Based on a lawyer’s advice, Abdul Razak hired a private detective, former policeman P. Balasubramaniam and an assistant.
The private investigators were supposed to provide security to him and his family members who were told about the affair with Altantuya.
Abdul Razak also sought the aid of a DSP Musa Safri (Deputy Prime Minister Najib Tun Razak's ADC) who introduced him to C/Insp Azilah Hadri.
He said Musa had told him that Azilah would be able to help him and he met him (Azilah) personally once, while at other times the communication between both of them was through telephone.
Abdul Razak said in the affidavit that Azilah was responsible for the death of about six or more people and he would be able to help the political analyst.
At this point, lawyer representing Azilah, Zulkifli Noordin interjected by saying that the accusations against his client were unjust.
Segara ordered Zulkifli to sit and not to get excited as he was supposed to hold a watching brief and not take part in the proceedings.
As Wong continued with the affidavit, Segara interjected from time to time telling him to stick to the facts and not draw inferences from the events that unfolded as Abdul Razak attempted to “get rid” of Altantuya.
At one juncture, Wong skipped part of the affidavit on Abdul Razak meeting Musa at the Deputy Prime Minister's (DPM) office on official matters, during which he (Abdul Razak) enquired about Altantuya’s fate.
Segara became angry and said: “Why are you avoiding the part, there’s nothing to hide, the DPM would not be embarrassed if the matter is mentioned. This is the court. Everything has to be disclosed.”
Segara said the affidavit produced by Abdul Razak pointed to a conclusion that he had abetted with Azilah to “get rid” of Altantuya from his life, but the matter was to be deliberated when the trial begins.
He said Abdul Razak, despite knowing that Azilah had killed several people, chose to continue seeking his aid.
Wong said Abdul Razak had specifically told Azilah not to cause any harm to Altantuya, but he did not want her to be sent to lock-up and later deported as the Mongolian would be angry with him and his relationship with her would come out in the open.
The court was also told that at one point, Azilah told Abdul Razak “Tonight sir, you can sleep peacefully”.
Wong also tried to substantiate his appeal for bail by saying that the previous two judges who heard Abdul Razak’s case had allowed him to be released on bail, but Segara cut him off by saying he will not comment on their decisions.
After Wong was done, DPP Salehuddin Saidin tried to stand up to speak but Segara quickly told him: “You don’t have to say anything.”
Wong declined to comment when asked if he would appeal against the decision.
Shedding tears, Abdul Razak hugged his wife, daughter, parents and siblings as he was led away by the police to prison.
Earlier, Segara said the court was unable to consider Abdul Razak’s application as he had not fulfilled the exceptional circumstance for him to be allowed bail.
“There is not a single evidence to show that he is incapacitated by illness. Is he telling the truth or is he malingering,” said Segara.
He said Abdul Razak had failed to produce a medical report in relation to his medical condition and therefore the court was put in a difficult situation as it was unable to weigh his application based on exceptional and special circumstances.
“Without the benefit of a medical report, I won’t even consider. It must be supported by documents. I have given enough time but the medical reports were not forthcoming at all.
“Affirment that he is suffering serious medical conditions and hypothesis that he requires constant medical attention is insufficient,” he added.
Segara also said he was rather amazed, based on details in the affidavit, that the medical conditions allegedly suffered by Abdul Razak was not detected by the Gleneages Medical Centre but was determined when he sought treatment in Kuala Lumpur Hospital after his remand.
Segara also said the offence Abdul Razak was charged with is serious and non-bailable.
However he said, Abdul Razak can at anytime approach the court if his medical condition, as claimed, became evident and the court would consider his application for bail at that time, based on evidence produced.
Defence objects to Razak's bail affidavit
New Straits Times, 10 June 2008
Two statements in Abdul Razak Baginda's bail affidavit is prejudicial and must be deleted if the document is admitted in court, the High Court heard today.
Defence counsel Datuk Hazman Ahmad submitted there was no direct evidence to prove the statements and they were mere allegations accusing his client, Chief Inspector Azilah Hadri, of a crime he was never charged with.
Hazman was submitting in the Altantuya Shaariibuu murder trial where he objected to the prosecution's intention to admit Razak's bail affidavit.
On May 28, the prosecution tried to tender the affidavit through deputy High Court registrar Wan Mohd Norisham Wan Yakub, saying it was a sworn statement by Razak to show what transpired between him and Altantuya.
Hazman, however, objected to the admissibility of the document and is seeking to delete the two statements and Razak's cautioned statement which was attached to the affidavit (if the court decides to allow them).
The two statements were:
- Azilah boasted he had caused the death of six to 10 people and that he could settle Razak's problem. Razak then ticked Azilah off and told him that he did not want anything untoward happen to the deceased. Razak said he thought Azilah, as a police officer, understood what he meant and believed he would not do anything against the law.
- Azilah told Razak that he was at his (Razak's) house and told him 'Sir, you can sleep soundly tonight'. Razak then told Azilah at least three times not to harm the deceased.
The affidavit was filed on Jan 5, 2007, by Razak before another judge to ask for bail, but was rejected.
Yesterday, Hazman submitted that the contents were hearsay.
"If the court allows the admissibility of this document, it would be unfair to my client as he would not have the opportunity to issue his version."
Hazman said they would also not have the opportunity to verify the statements.
Meanwhile, counsel Kamarul Hisham Kamaruddin, who is representing second accused Corporal Sirul Azhar Umar, also said the cautioned statement of Razak should not be admitted as under the amended Criminal Procedure Code, the court can no longer accept cautioned statements of an accused person.
DPP Tun Abd Majid Tun Hamzah, however, said that the affidavit was already read in court (in earlier proceedings during the bail application) and was now a public document.
"Since we can't call the maker, it is only right we call the keeper of the document to tender the affidavit," said Tun Abd Majid.
"The affidavit relays the relationship between the deceased and Razak and the steps he took to avoid her."
The two statements, he said, were relevant to show the state of mind Razak was in.
"Therefore, the affidavit should be admitted and the statements should also be allowed based on the relevancy.
"We are not using the statements against Azilah, but it is to show Razak's conduct."
Razak's counsel Wong Kian Kheong agreed with the prosecution and did not object to the admissibility of the document as it was essential to his client's defence.
He, however, urged the court to use its discretion to edit or delete the two statements.
"On the cautioned statement, the code was only amended on Sept 7 last year, but the affidavit with the statement was produced in court on Jan 5, 2007," he said.
Judge Datuk Mohd Zaki Md Yasin said he needed time to study the matter and would give his decision soon.
Azilah, 31, and Sirul, 26, both Special Action Squad members, are charged with murdering Altantuya at Mukim Bukit Raja, Selangor, between 10pm on Oct 19 and 1am the following day.
Razak, 47, a political analyst, is charged abetting them.
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