Malaysian court rejects bid to stay proceedings for Najib to be called

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

Malaysia deputy PM must testify in Mongolian murder trial: lawyer

Agence France-Presse - 7/22/2008 9:22 AM GMT
A top Malaysian lawyer Tuesday demanded the country's deputy premier be summoned as a witness in the gruesome murder of a Mongolian woman with whom he has been linked.
Karpal Singh, who is holding a watching brief for the family of the slain 28-year old Altantuya Shaariibuu filed a court notice to compel Deputy Prime Minister Najib Razak and two other policemen to testify.
"It is necessary because Najib's evidence is needed for the just decision of this case because of the role that he is said to have played," Karpal told AFP.
"It has taken a different turn altogether and all this while he has been denying everything but all these matters have to be cleared," he said.
Karpal also asked the court to summon private investigator P. Balasubramaniam to give evidence in the murder case after his sworn statement last month, linking Najib to Altantuya, which he swiftly retracted.
Balasubramaniam, who went missing after his explosive statements is in hiding in a neighbouring Southeast Asian country, police have said.
"He is a key prosecution witness. He says he was not asked about these details by the prosecutors and that is why they were not revealed in court," Karpal said.
"The court should now order that he be recalled as a witness to explain these claims," he said.
"Otherwise the court will be in a position where they would have to ascertain his credibility, but more importantly whether the evidence he gave earlier was correct."
Altantuya was murdered in 2006 and her body blown up with explosives in a remote forest and Najib's close friend, Abdul Razak Baginda, who had hired the investigator in the lead up to her death, is on trial for abetting the murder.
Najib has denied the allegations, saying never met the model.
The prosecution wrapped up their case last month and the judge will hear submissions from the defence on Wednesday at the Shah Alam High Court in central Selangor state.

the Mongol... are Coming!