Lawyer: Bala may have conspired with Altantuya

SHAH ALAM (July 31, 2008) : Mongolian Altantuya Shaariibuu and private investigator P. Balasubramaniam may have conspired to blackmail Abdul Razak Baginda into parting with USD500,000 and purchasing three return tickets to Mongolia for herself and her two companions, Abdul Razak's lawyer Wong Kian Keong inferred today.

"Balasubramaniam’s lack of candour in respect of the deceased's alleged demand is understandable as his lengthy cross-examination raises a reasonable doubt over whether he had betrayed Abdul Razak’s trust by participating in a conspiracy with Altantuya and her companions Namiraa Gerelmaa, Uuriintuya Gal Ochir and the private eye appointed by Altantuya, Ang Chong Beng," he said.

Abdul Razak is charged with abetting police special action unit (UTK) personnel C/Insp Azilah Hadri and Cpl Sirul Azhar Umar in the murder of Altantuya at Mukim Bukit Raja between 10pm on Oct 19, 2006 and 1am on Oct 20, 2006.

Wong said Balasubramaniam's credibility was in question as under re-examination, the private investigator said he did not remember telling the police about the alleged demands which he had conveyed to Abdul Razak.

"Balasubramaniam agreed the demands were important but he could not remember if he had recorded the demands in his computer," he said.

Wong said when questioned, Balasubramaniam had said that he "felt" he had informed Abdul Razak about the alleged demand.

"This equivocal answer from Balasubramaniam clearly raises a reasonable doubt regarding the truth of his testimony on the alleged demand.

"Namiraa and Uuriintuya had testified in court that they and Altantuya all had return tickets to Mongolia, and it therefore did not make sense for the deceased to demand three more flight tickets to Mongolia," he said.

Furthermore, Balasubramaniam said he had informed Abdul Razak about Altantuya’s demands on Oct 19, 2006 - the day after Abdul Razak met with first accused Azilah, he said.

"As such, Abdul Razak could not have any motive to instigate Azilah to murder Altantuya because of her demands," he said.

Wong also submitted that Altantuya and her companions had been chummy with Balasubramaniam’s assistant Suras Kumar who visited them several times at their room in Hotel Malaya when they had the option of complaining to the hotel security or lodging a police report that he was harassing them.

There were even marriage proposals between the two as mentioned in Altanyuya’s police report – "they asking me to pay money and asking to marry that Indian guy", while Balasubramaniam said Altantuya even wished him "Happy Deepavali" when she met him outside Abdul Razak’s home.

Wong also pointed out several instances when Altantuya had clearly lied based on evidence and testimonies in court.

Earlier in the morning, Wong brought up an SMS sent by Abdul Razak to Balasubramanian at 12.21 am on Oct 20 - the alleged time the murder took place - which reads: "Ok. They may turn up again. U said taxi man angry as he has not been paid?"

"This SMS sent is crucial as it clearly showed that on Oct 20, 2006 Abdul Razak did not abet in the murder and he was actually anxious that the deceased would return to harass him," he said.

Wong said the fact that Abdul Razak continued to engage the services of Balasubramaniam until Oct 26, 2006 also implies that he was unaware of the murder.

"The actual words of instigation have also not been proved in this case," he submitted.

In wrapping up his submissions, Wong asked the court to consider the roles of three witnesses who were not called by the prosecution – lawyer Dhiren Rene Norendra, DSP Musa Safri and Suras as their roles are essential to the unfolding of the prosecution's case. "There is a gap in the prosecution's case and such a gap cannot be filled merely by offering them to the defence," he said.

Wong submitted that the defence should not be called in the interest of justice for Abdul Razak and his family who have suffered overwhelmingly and who will have to pick up the pieces of their lives or anything that remains of it.

Earlier, citing a piece of paper seized from Azilah’s office bearing Abdul Razak’s home address, his father’s name and phone number, Wong said, "Assuming Abdul Razak had assisted Azilah to murder Altantuya, do you think he would be so stupid as to write down his address, father’s name and handphone number down for a police officer?"

This piece of evidence actually corroborates Abdul Razak’s affidavit concerning his request to patrol the vicinity of his home, he added.

Hearing continues on Monday.

-Sun2Surf