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10 APRIL 2024

Tuesday, March 8, 2011

Mini-trial: Judge disallows items as evidence


Lawyer Karpal Singh today responded to solicitor-general II Mohd Yusof Zainal Abiden's submission yesterday in a bid to disallow the prosecution's application to admit three controversial items as evidence.

Karpal had earlier submitted that since Opposition Leader Anwar Ibrahim's arrest was unlawful, and the items were procured unfairly, hence it should be rejected.

On the other hand, Yusof argued that the court should consider whether the items are relevant warranting it to be admitted despite the items could be secured “illegally”.

Citing British, American, Jamaican and African Commonwealth countries case laws, Yusof in his two-and-a-half hour submission showed that cigarette butts and mineral water bottles from an accused person were accepted as evidence to sexual assault and murder cases.

It remains to be seen whether Kuala Lumpur High Court judge Mohamad Zabidin Mohd Diah will deliver his ruling today.

A ruling for the defence will set the precedent for police to be more careful in making an arrest, while if it goes in favour of the prosecution, it would mean items gained albeit in a questionable manner could be admitted as evidence.

LIVE REPORTS


9.45am: Representatives from the American, Spanish and Australian embassy are among those present at the public gallery.

9.47am: The prosecution team led by solicitor-general II Mohd Yusof Zainal Abiden walks in court.

9.53am: Opposition Leader Anwar Ibrahim arrives with wife and PKR president Dr Wan Azizah Wan Ismail. There are still many empty seats in the public gallery.

9.56am: Defence counsel CV Prabhakaran arrives with colleague, Sankara Nair.

10.06am: Lead defence lawyer Karpal Singh arrives with another senior lawyer, Param Cumaraswamy. They are followed shortly by former Health Minister and Johor PKR chief Chua Jui Meng.

The courtroom is already almost packed.

10.11am: Court begins with justice Mohamad Zabidin Mohd Diah presiding.

10.16am: Karpal begins his reply to solicitor-general II Yusof's submission. He maintains the items were obtained by trickery and unfairly obtained.

11.05AM Kuala Lumpur High Court judge Mohamad Zabidin Mohd Diah says the three items - the mineral water bottle, 'Good Morning' towel and toothbrush - cannot be tendered as evidence.

MORE TO FOLLOW

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