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• Lawyers told to argue admissibility of exhibit

©The Star (Used by permission)

SHAH ALAM: One of the policemen charged with the murder of Mongolian translator Altantuya Shaariibuu is trying to get certain entries in a station diary that supports his alibi to be accepted as evidence.

However, the moment reference was made to the station diary the prosecution immediately raised an objection, saying that it could not be tendered through the investigating officer as he was not the one who made the entries.

J. Kuldeep Kumar, counsel for C/Insp Azilah Hadri, was cross-examining investigating officer Asst Supt Tonny Lunggan yesterday when he started asking him about the entries in the station diary kept at the Unit Tindakan Khas control room in Bukit Aman.

Lead prosecutor Deputy Public Prosecutor Tun Abd Majid Tun Hamzah objected to the line of questioning, saying that the entries were made by another personnel member and that the diary was kept by the station chief and not the investigating officer.

“This is inadmissible and hearsay because it cannot be verified by the investigating officer. How can the contents be made admissible if the diary itself is not?” he argued.

Kuldeep disagreed, saying that the entries were relevant facts under the Evidence Act.

“The diary places the first accused at 10.18pm and 10.20pm at Bukit Aman, which was where he was and not at the scene of the crime,” he said, referring to an extract of the diary that had been supplied to the defence by the prosecution.

DPP Tun Abd Majid maintained his objection, stressing that it was not the accused himself who made the entries in the diary.

“The entries were made by another person at the request or at the behest of the first accused. If they had been made by the first accused himself, then I have no objections.

“If the station chief or the person who made the entries are called to testify, then it's fine. But it cannot be admitted through the investigating officer,” the prosecutor said.

Justice Mohd Zaki Md Yasin allowed Kuldeep to resume his line of questioning before the proceedings adjourned for a break.

Later, the judge said that he would like to hear submissions from both sides regarding the admissibility of the station diary contents through the investigating officer.

“I'm quite drawn to the DPP's opinion that these documents can only be adduced in the defence stage. I have my reservations about this,” he said before adjourning for the day.

The trial continues today.

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