SHAH ALAM (July 23, 2008): The Shah Alam High Court today rejected an application to stay all proceedings of the Altantuya Shaariibuu murder trial to recall prosecution witness P. Balasubramaniam and Deputy Prime Minister Datuk Seri Najib Abdul Razak following a statutory declaration filed by the former on July 1.
The application filed by Karpal Singh, who is holding a watching brief for Altantuya's family and the Mongolian government, was rejected on the grounds that those represented by Karpal were not a party to the trial.
"In my mind, they are excluded as they have no locus standi on the matter," said Judge Datuk Mohd Zaki Md Yasin.
In making the decision, he said: "Section 425 of Criminal Procedure Code is divided into two limbs.
"The first limb is discretionary and can be made upon application, while the second is imperative when the court feels it is essential to the justice of the case."
In rejecting the application, he said under the first limb, it must be made by the parties of the trial; the victim, he added, is excluded. – MORE