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Tuesday August 27, 2013 MYT 12:00:00 AM
Tuesday August 27, 2013 MYT 9:24:17 AM
KUALA LUMPUR: The failure to call key witness DSP Musa Safri was among the main reasons that resulted in the acquittal of two policemen in the Altantuya Shaariibuu murder case.
In a 47-page written judgment, the three-man bench was unable to agree with the prosecution as it had failed to call DSP Musa to give a narrative of the prosecution’s case.
At the outset, it was the prosecution’s case that Abdul Razak had conspired with the two appellants Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, to murder Altantuya.
“It must not be overlooked that this ugly and horrendous episode started with the request by Abdul Razak to DSP Musa before the appellants came into the picture.
“The evidence established that the appellants’ task was to patrol Abdul Razak’s house on Oct 19, 2006 upon the request by Razak to Azilah.
“We agree with the learned counsel who acted for Sirul that only DSP Musa can confirm the scope of the third accused (Razak) to him,” said the 47-page judgment written by Justice Tengku Maimum Tuan Mat.
“DSP Musa was therefore an important witness to unfold the event, to offer explanation to the facts and to close the gap in the narrative of the prosecution’s case.
“It is our judgment from the facts of the case, namely the role of DSP Musa in bringing the two appellants into the picture of the entire episode, his evidence is essential to unfold the narrative of the prosecution’s case.
“The failure to call or offer DSP Musa to be cross-examined would have triggered the adverse inference of the Evidence Act against the prosecution,” she said.
She added that the circumstances relied upon by the prosecution had not been fully and cogently established and the chain of the evidence was not complete.
Tengku Maimun said that it was their judgment that the circumstantial evidence was insufficient and not strong enough to sustain the finding of guilt on the part of the appellants.
“We are conscious that a heinous crime has been committed, but where the guilt of the appellants had not been satisfactorily proved.
“We therefore allow both appeals and acquit and discharge both appellants,” she said.
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