Prosecutors changed to ensure fair trial, says A-G

The Straits Times, June 6, 2007


Critics dismiss reason and opposition claims postponement of case is politically motivated

KUALA LUMPUR - MALAYSIA'S Attorney-General has said he replaced the prosecutors ahead of a closely-watched murder trial because he wanted to ensure a fair trial while the country's opposition slammed the sudden postponement as politically motivated.

The trial of political analyst Abdul Razak Baginda, who has been charged with abetting the murder of Mongolian woman Altantuya Shaariibuu, was to have begun on Monday.

But the moment the court session started that morning, the prosecution asked for a delay, saying it had been handed the case only the day before.

Attorney-General Abdul Gani Patail said he installed the new team to ensure a 'fair trial' for all parties, according to a report in the New Straits Times yesterday. But he declined to elaborate, the report added.

'My interest is to ensure that the public knows exactly what happened and how the police investigated the case,' he was quoted as saying.

The judge agreed to a two-week postponement and the trial is now set to begin on June 18.

The trial had been keenly anticipated because it is expected to reveal details of one of the most talked-about scandals in recent times.

Abdul Razak, 46, is a close associate of Deputy Prime Minister Najib Razak, who was rumoured to have links to the case. But the Deputy Premier has consistently denied any knowledge of the murder.

Parliamentary opposition leader Lim Kit Siang said yesterday the sudden change in prosecutors was 'a black eye for the Malaysian system of justice' and dismissed the explanation offered by Tan Sri Abdul Gani.

'Twenty-four hours after the sudden turn of events, no responsible or credible explanation is yet forthcoming from Attorney-General Abdul Gani Patail,' Mr Lim, of the Democratic Action Party (DAP), said.

Mr Lim said the Attorney-General must explain what was wrong with the original prosecution team, and why he changed the prosecutors 'only at the 11th hour' and not earlier, given that trial dates had been fixed almost three months ago.

DAP secretary-general Lim Guan Eng said 'the changes are seen as devices to postpone the trial until after the next general election, to prevent sensitive information from being exposed in court'.

Former deputy prime minister Anwar Ibrahim, now a leading opposition figure, said the move was 'unprofessional and irresponsible'.

'Malaysia has to understand that the Altantuya case puts the Malaysian judiciary on trial too,' Datuk Seri Anwar said in a statement.

But other details emerged on Monday despite the short proceedings.

One of the two police officers charged with the murder itself is now saying he was not at the crime scene.

Chief Inspector Azilah Hadri filed a notice of alibi on May 25, and it has since been served on the prosecution.

His lawyer Hazman Ahmad said that his client had a 'strong alibi' and that he would be calling two to three witnesses to justify the claim.

The newly-assigned lead prosecutor, Tun Abd Majid Tun Hamzah, said the notice of alibi, served less than 10 days ago on the prosecution, was one of the reasons he needed the deferment.

'We are still investigating the claims stated in the notice of motion. The prosecution wants to act on evidence in the hands of the police,' he said.

The Mongolian woman was killed last October and her body blown up in a jungle clearing in Shah Alam district, south-west of Kuala Lumpur.

The victim's father, former university lecturer Shaariibuu Setev, 55, said he has lost confidence in the handling of the case.

Yesterday, through his lawyer Karpal Singh, Mr Shaariibuu also filed a RM100 million (S$45 million) suit against the three accused and the Malaysian government over his daughter's death.

AGENCE FRANCE-PRESSE, ASSOCIATED PRESS, THE STAR/ASIA NEWS NETWORK