PUTRAJAYA: Concrete evidence is needed before it can be concluded that the defendant, Kpl Sirul Azhar Umar, was framed for the murder of Altantuya Shaariibuu, the Chief Justice told his lawyer in the ongoing trial here.
Justice Arifin Zakaria said there must be evidence to back the claim as a person would not be a made a scapegoat without reason.
The lawyer, Kamarul Hisham Kamaruddin, replied that his client had testified that the police had fabricated evidence to bolster their case against him.
"My client said the person behind the crime was not brought to court," said Kamarul.
Kamarul had submitted on Tuesday that Kpl Sirul was framed for the murder of Altantuya, as the police had "orchestrated" the discovery of Altantuya's jewellery in a black jacket found in his client's house.
During the third hearing day on Wednesday, Justice Suriyadi Halim Omar asked counsel Kamarul if he had "even a iota of evidence" to back his claim.
"For a fact it was in his jacket and was in his house where the jewellery was found. Thus a prima facie case was proven against your client.
"In fact, your only evidence is that the police have Kpl Sirul's house keys and could have entered his house and planted evidence," said Justice Suriyadi.
Kamarul replied that it was due to these credibility issues surrounding the jewellery found in Kpl Sirul's house that the evidence should be disregarded and a prima facie case not be proven.
The panel, which also included Chief Judge of Sabah and Sarawak Justice Richard Malanjum, Federal Court Justices Abdul Hamid, Suriyadi and Ahmad Maarop, fixed a date to be determined to deliver their decision.
On Aug 23 last year, the Court of Appeal overturned the conviction of Kpl Sirul, 42, and C/Insp Azilah Hadri, 37, ruling the cumulative effect of the misdirection by the trial judge had rendered the judgement unsafe.
The Shah Alam High Court had in 2009 convicted the two former Special Action Unit personnel members for killing Altantuya at Mukim Bukit Raja, Klang, between 10pm on Oct 19, 2006, and 1am on Oct 20, 2006.
Former political analyst Abdul Razak Baginda Baginda, who was jointly charged with them, was acquitted by the High Court on Oct 31, 2008, after the prosecution failed to establish a prima facie case against him.