KUALA LUMPUR, August 24: The Court of Appeal should hold a retrial upon finding flaws in the judgement of the case, not release the accused, said Subang Member of Parliament, R Sivarasa.
Referring to Altantuya Shariibuu’s case, the lawyer said that Section 60 of the Courts of Judicature Act 1964 allows a judge to order a retrial of a case when the appeal is held.
Citing Keadilan Daily, the Subang MP also proposed the establishment of a Royal Commission of Inquiry (RCI) as there are many flaws in the case.
“For example, key witnesses such as DSP Musa Safri were not called to testify in court,” he said today at a joint press conference with the Vice-President of Keadilan, Tian Chua.
Yesterday, the Court of Appeal freed members of the Special Action Unit, Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar from the charge of murdering Altantuya.
The judgement was read by Justice Datuk Tengku Maimun Tuan Mat, who decided that there was serious misdirection by the Kuala Lumpur High Court Judge in convicting the accused.
This includes not calling DSP Musa Safri and the failure to submit the police station dairy which states that Azilah was at Bukit Aman at the time of the incident.
Sivarasa said that other witnesses who should have been called include Datuk Seri Najib Razak, Datin Seri Rosmah Mansor, as well as Najib’s former Private Secretary for 20 years, Nasir Safar; and Najib’s brother, Datuk Nazim Razak.
“These key witnesses are important, not to prove Sirul and Azilah’s guilt, but to prove who ordered both the accused to murder Altantuya,” he said.
In addition, he said new key witnesses are carpet businessman, Deepak Jaikishan; lawyer Americk Singh Sidhu and Cecil Abraham.
“(There were) flawed prosecutions and pre-written scripts which were ludicrous because the court failed to identify and prosecute the individuals who ordered Altantuya’s murder. This has resulted in the Malaysian justice system being ruined in the eyes of the world.
“Therefore, I urge for a commission to be set up to restore the image and credibility of the court,” he said.
