Tun Abdul Majid submitted that the Court of Appeal had erred in law when rejecting the evidence under Section 27 of the Evidence Act 1950 on the discovery of jewelleries belonging to Altantuya in Sirul Azhar's jacket, by relying on the sequence of events which the court claimed showed contradictions.
"Whatever the sequence of events, the fact remained that some jewelleries proved as belonging to the deceased, were found in the second respondent's (Sirul Azhar) jacket at his house in Kota Damansara," he said, adding that there was no denial from Sirul Azhar that the jacket belonged to him.
He said the DNA proven to belong to Altantuya was found inside the jacket, and noted how the items were found in Sirul Azhar's possession.
Tun Abdul Majid also argued that there was no evidence that Sirul Azhar was framed as the prosecution had called all relevant witnesses during the trial.
On the issue of a pair of slippers found in Sirul Azhar's car, he said the slippers did not belong to him and they were also not his size.
"There is no evidence to show how the slippers were in the car, but there was blood found on them...had dried up. So, how the blood was found on the slippers? It must be from the scene," said Tun Abdul Majid.
On another point, he said that according to the telco database, Azilah was at the crime scene in Puncak Alam, at the material time of the incident.
He noted that Azilah could never have been at Wangsa Maju or Taman Melati, or Batu Caves, not even in Jalan Duta before proceeding to Bukit Aman at the material time as he had alleged in his alibi.
Furthermore, he submitted that Azilah had also failed to adduce any witness for his alibi when called for defence at the end of the prosecution's case.
Asked by Justice Arifin how the telco database led to a finding that at the time Azilah was at the crime scene, Tun Abdul Majid replied, a particular telephone broadcasting station could detect where a person making a call was located.
"The call logs of the police officers (respondents) have been verified by the telco operators who had printed out the data and signed it, saying it is verified," he said.
He also stressed that there was no tampering of handphone data on the respondent (Azilah).
At the outset, when reading briefly the background facts of the case, Tun Abdul Majid said according to a witness during the trial, Altantuya was brought to (the federal police headquarters in) Bukit Aman, and the deceased was last seen entering a car driven by Sirul Azhar.
He said on Oct 20, 2006, the woman was reported missing and investigations led to the arrest of both policemen (Azilah and Sirul Azhar), together with Razak Baginda.
On Nov 6, in the same year, fragments of human bone, hair and tissues were discovered in the forest area in Puncak Alam and the DNA analysis proved the remains to be that of the deceased.
He said according to the forensic pathologist, the cause of death was "probable blast-related injuries". - Bernama
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