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©New
Straits Times (Used by permission)
by Rita Jong
SHAH ALAM: Abdul Razak Baginda did not conceal, fabricate or destroy evidence
during the investigations in the Altantuya Shaariibu murder case.
Razak's counsel Wong Kian Kheong said the political analyst
had instead given his full cooperation and provided his DNA, blood and
handwriting samples to the police to facilitate the investigations.
"However, none of his DNA was found on any of the deceased's personal belongings
(her wrist watch, earrings and ring which were allegedly found in Corporal Sirul
Azhar Umar's house)," said Wong at the High Court yesterday.
Razak is charged with abetting Chief Inspector Azilah Hadri and Sirul in
murdering the Mongolian woman in Kuala Lumpur between 9.54am on Oct 18, 2006 and
9.45pm the next day.
Azilah, 32, and Sirul, 36, both Special Action Squad members are charged with
her murder at Mukim Bukit Raja, Selangor between 10pm on Oct 19, 2006 and 1am
the following day.
Wong, making the defence submission at the close of the
prosecution's case, said Razak had always been truthful to the police.
He had also informed the police of Azilah's role, in his police statement.
"Razak was introduced to Azilah by a senior police officer DSP Musa Safri. They
(Razak and Azilah) had one meeting and their meeting was consistent with that of
an innocent man asking Azilah for assistance in respect of Altantuya's
harassment and threats."
Wong submitted that based on testimony by witnesses and Razak's affidavit, it
clearly dismisses any mens rea against Altantuya.
"In August 2006 when the deceased turned up at his office, he had said this 'I
got nothing to do with you, if you want to do anything, go ahead'," he said.
"And when the victim went to his house and caused a commotion, he had only
intended for her to be arrested by the police and nothing more.
"There is nothing illegal or improper for him to request police assistance to
arrest her."
He argued that there were neither direct nor circumstantial evidence to prove
that Razak had abetted the murder.
"Razak's two laptops which were seized did not show anything incriminating
against him. There were also no incriminating SMSes found in Razak's two
handphones."
"Although phone records show there were communication between Razak's and
Azilah's phones, this does not mean that the registered user of that phone line
was actually using the phone at the particular time and date.
"If someone wants to fix me up, he can call me 100 times and if that constitutes
abetment, then this will create an extremely dangerous precedent."
"We submit that there is a gap in the prosecution's case for their failure to
call three witnesses -- lawyer Dhiren Norendra, DSP Musa Safri and K. Suras
Kumar (the assistant of Razak's private investigator P. Balasubramaniam).
"Razak was also severely prejudiced as the charge against him was defective. Not
only did it not specify how he had abetted, but it also did not state the
approximate location in Kuala Lumpur over a period of 36 hours," said Wong.
He said it would be an injustice to Razak and his family if the court did not
acquit him in light of the prosecution's overwhelming evidence that exonerated
him of the charge.
"Irrespective of the outcome of the case, Razak's life and those of his loved
ones have been totally turned upside down. I pray to the court to give Razak a
chance to pick up the pieces of his life and acquit him," said Wong.
Submissions before judge Datuk Mohd Zaki Md Yasin continue on Monday.
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