SHAH ALAM, Oct 31 - High Court judge Datuk Mohd Zaki Yasin concluded that the prosecution in the Altantuya Shaariibuu murder trial had failed to prove a prima facie case for abetment against politicalanalyst Abdul Razak Baginda.
The judge said that the contents of Abdul Razak's affidavit, submitted at the beginning of the trail, should have been taken into full consideration and given its due weight as evidence in the investigation.
In the affidavit, Razak Baginda explained how he got to know the first accused, Inspector Azilah Hadri through another police officer, a DSP Musa Safri, and the relationship between the three of them, as well as with P. Balasubramaniam, the private investigator he had hired to protect him against Altantuya's harassments.
"In my view, once the essential elements of the abetment i.e. by instigation, by conspiracy and by aiding, and in the context of this case, the death of Altantuya is not proven on the basis of prima facie evidence, any other inferences and doubts that may have arisen must be resolved, as is trite, in favour of the accused person," Justice Zaki observed, explaining why he ruled in favour of Razak Baginda.'
He added: "It is not for the court to call for the defence merely to clear or clarify such doubts."
Justice Zaki ruled that Razak Baginda be acquitted and gave him a full discharge.
"What is required of this court to decide at this stage, is whether on the available evidence, a prima facie case against the first, second and third accused has been established in respect of the respective charge preferred against each of them."
Speaking of Abdul Razak's affidavit, he ruled that "since this affidavit is now forming part of the case for the prosecution, it is my view therefore, that its entire contents including the exculpatory parts thereof must be given the due weight as it is given to the rest of the evidence for the prosecution.
Therefore, the question of deferring or suspending the consideration of its weight to a later stage of the proceeding does not arise."
"Upon my aforesaid rulings and maximum evaluation with all the other evidence available in totality, I am satisfied that there is prima facie case for the first accused (Insp. Azilah bin Hadri) and the second accused (Corp. Sirul Azhar bin Hj Umar) to answer as charged. I therefore now call upon both the first and second accused person to enter their defence. As for the third accused (Abdul Razak bin Abdullah), I find there is no prima facie case for him to answer his charge. He is therefore acquitted and discharged forthwith," he ruled.
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Has everyone, including the Judge, forgotten about the revelations made by Private Investigator Balasubramaniam which revealed very important details pertaining directly to this case?
If Bala is still alive, then he must be called back to state the truth without fear. If he is "uncontactable" or has been blown up with his family, then a thorough investigation must be carried out to nab the perpetrators. I will surely suggest that the investigations start with a very high-rranking UMNO official whose name keeps popping up with regards to this trial.
Raja Petra's "informed sources" should also have been called, if the prosecution was serious in trying to get Razak Baginda charged or at least to have to stand trial.
I hope the Mongolian Govt are not bribed off into keeping quiet about this gross injustice to a citizen of Mongolia.