Saturday, January 20, 2007

Jig-Saw Puzzle of Abdul Razak Baginda

Why did Razak made so much confession when he actually didn't need to?

At this moment, he was in this court to apply for bail. The court is only to hear the reasons why bail should be granted for an accused charged for a crime for murder, which is unbailable unless under exceptional circumstances . All that was required is that his lawyer is to submit justification and documentary evidence in support of his application for bail. The court would only consider it's justifiability if the accused submit his affidavit based on the defence of NECESSITY, and often on grounds of incapacitation or other medical reasons. His lawyer knows that and should have gathered such testimony and medical justification in order to convinced the judge to grant bail.

Instead, they choose to reveal so much information about himself and those implicated in the said case which is not directly related to the application. When Razak’s counsel Wong Kian Kheong stood up before Judge Segara to make the application for bail, he look straight at Justice Segara and said:

"I’m taking an unprecedented step. I’m presenting Abdul Razak’s affidavit."

Segara quickly cautioned Wong to think of the wide implications of this move. Unperturbed, Wong started reading Abdul Razak’s affidavit, outlining the events before and after the death of the Mongolian woman.

Razak acknowledged that he had met Altantuya in Hong Kong at the end of 2004, in Shanghai Kuala Lumpur and France in 2005 during their affair, which lasted about eight months.

Razak chronicled his love story with Altantunya, which he referred to her as Mina.

“I have given her money several times, US$10,000 three to four times or more. I stopped giving because I could not stand the harassment.”

Razak said he then sought legal advice and was told to hire a private investigator to protect his family.

He duly employed P. Balasubramaniam. He later sought out DSP Musa Safri, whom he had befriended through his work at the Malaysian Strategic Research Centre. Razak said he asked DSP Musa to get police to patrol near his house for security reasons and the DSP introduced him to Chief Inspector Azilah Hatri.

C/Insp Azilah called Razak and told him that he had killed six or more people before and therefore could help him stop the harassment.

“I told C/Insp Azilah not to do anything untoward against Altantuya. If any such thing were to happen to her, her family will look for me. I believe that as a police officer, he would not commit crime,” Razak said.

“I only asked him to get police to patrol around my house. I gave him my address and (that of) Hotel Malaya where the deceased was staying.”

Azilah and Corporal Sirul Azhar Umar have been charged with murdering Altuntaya.

Altantuya came to Abdul Razak’s house again on Oct 19 and a private investigator informed him that she was there. Abdul Razak then telephoned Azilah.

Wong said Azilah later told Abdul Razak: "Tonight, you can sleep in peace." ('malam ini encik boleh tidur nyenyak)

Razak admitted that he had met DSP Musa at the Deputy Prime Minister’s office and asked what happened to Altantuya but DSP Musa said C/Insp Azilah did not update him.

Judge Segara ruled there were no exceptional circumstances to allow bail as Abdul Razak did not submit a medical certificate despite claiming to be suffering from bronchitis.

Segara: "I can’t see any report unless I am blind. You will have an uphill task to convince me. There is no evidence he’s incapacitated due to his illness."

"I will not entertain even if Karpal Singh or the Mongolian government objects."

"There is also no dispute that the accused, on face value, abetted in the crime," he said, adding that Abdul Razak and Azilah were in constant communication before Altantuya was killed.

The judge said Altantuya had gone to Abdul Razak’s house on Oct 19 and stopped in front of his house. He said there had been no necessity to arrest her.

"Azilah was not acting as a police officer in his dealings with Abdul Razak," Segara concluded, adding that Abdul Razak did not sever ties despite the policeman boasting of killing six or seven people.

The judge also chided Abdul Razak for dragging the name of the deputy prime minister into the picture.

Segara: "He should not have created an embarrassing situation for the DPM. He should have gone to the IGP. If the victim had indeed blackmailed him, she would have been charged and by now would have been sent back home. She would not have died."

Razak was originally represented by Lawyer Datuk Muhammad Shafee Abdullah, a renown criminal expert who often represented clients who are high profile and wealthy. However, Razak later change his counsel to the current Wong Kian Kheong.

No reasons had been published publicly but outsiders are propagating a "catch22" situation. I am just as puzzled, and far more puzzled now, with this testimony at the court. Hollywood may be interested in this story line.

We are not allowed to present our personal hypothetical views as it would constitute subjudice and a contempt of court. The public are to accept the testimony in the proceedings.


DPM about to take a shot on goal to mark the launch of the Football team in KL.

Source: The Star, page N10, Nation, Saturday 20, January 2007

6 comments:

Anonymous said...

It is so stressful being a DPM. You have to open tandas awam, shoot penalty goals...Oh God. Susah hidup! Good that the country has no big problem huh? *my sarcasm has reached a new height* :-))

N v.d. Veen

p.s van der Veen = our family name!

Anonymous said...

BTW, I think Abdul Razak has hired a very unusual lawyer who has not quite understood what 'bail application' actually means.. or may be lawyer is determined to do some justice? For once, we get to have a bit drama ...

ha ha like we dont have enough drama already!

n v d veen

Maverick SM said...

Nina, Now I know what's vdveen. Thanks.

You are right...very unusual lawyer.

Anonymous said...

It was a Hobson's choice. There WAS NO medical report as he was feigning all along about his "bronchitis'. The two previous bails were granted by appointed judges. As these are sworn statements it will be out of the bag sooner or later and it was a calculated risk. Not to worry, eventually he will worrmed his way out of the gallows.
What is INTERESTING is to compare the EARLIER reports (esp from NST) which gave details VERY VERY close to these revealed now! Insider infromationm or 'deliberate leaks", take your choice.

Anonymous said...

As with the case of lecturer S.Karthigesu aquitted in the murder case of his sister-in-law Jean Pereira 20 odd years ago, all the accused including Razak and Insp Azilah will be aquitted for "lack of evidence". No one will ever be held accountable for the murder of the Mongolian.

Anonymous said...

sell ffxi gils delight adventurers across Vana'diel looking to exchange eternal vows with their beloved!Responding to player demands for greater customization,the new service will grant brides and grooms freedom in choosing location,timing,dialogue,and sell Final Fantasy XI Gil more for their ceremony,allowing them to create a truly memorable event all their own.Information on all the features,including in-game sell ffxi gil item vendors and wedding certificates,can be found on the new wedding support site,so head on over sell ffxi gils and get started planning the wedding of your dreams sell Final Fantasy XIGil!