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Court rejects Karpal's application |
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Wednesday, 23 July 2008 10:30pm |
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©Bernama
(Used by permission)
SHAH ALAM, July 23 (Bernama)-- The High Court here today rejected all
aplications made by lawyer Karpal Singh, who is holding a watching brief for
Altantuya Shaariibuu's family and the Mongolian government, including to recall
private investigator P. Balasubramaniam to the stand in the murder trial.
The judge Datuk Mohd Zaki Md Yasin also rejected the application to call Deputy
Prime Minister Datuk Seri Najib Razak, deputy superintendent of police Musa
Safri, lawyer Dhiren Rene Norendra and a police officer identified only as
deputy superintendent of police Idris to give evidence.
"Section 425 of the Criminal Procedure Code (CPC) is divided into two limbs. The
first limb is discretionary, (and) can be made upon application. The second limb
is imperative, when the court feels it is essential to the justice of the case.
Under the first limb it must be upon application of the parties of the trial.
"The victim to my mind is excluded. As to the second limb, to my mind the case
of Om Prakash is readily distinguishable. This application under the first limb
and the alternative player for the case to be put on hold are rejected," Mohd
Zaki said.
On July 21, Karpal filed a notice of motion to call Najib and three others to
testify and recall Balasubramaniam, who was the first prosecution witness, in
the murder trial.
Earlier in his submission, Karpal said the family of Altantuya had the right to
ensure justice was done in this case and it was imperative that this application
be heard and a decision made.
"In the interest of justice, the DPP (Deputy Public Prosecutor) should support
the application," Karpal said.
DPP Tun Abd Majid Tun Hamzah said the victim (Altantuya) had no locus standi and
the two statutory declarations were hearsay. He also objected the application.
Lawyer Kamarul Hisham, who is representing accused Corporal Sirul Azhar Umar
said that in English common law, it was always the province of the public
prosecutor which witnesses were to be called.
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