• Exclude handphone logs as evidence, court told
SHAH ALAM: The call logs that placed C/Insp Azilah Hadri at the crime scene around the time of Altantuya Shaariibuu's murder should not be accepted as evidence, the High Court heard.
J. Kuldeep Kumar, counsel for the accused, said this was because the documents failed to adhere to the Evidence Act and their entries were inaccurate, inconsistent and contradicting.
He gave 17 reasons why the court should reject the Celcom call logs.
Among others, Kuldeep submitted that there had been a break in the chain of evidence in relation to the production of those documents in court.
Kuldeep also pointed out that no electronic record had been tendered to court, resulting in the absence of an audit trail for those call logs.
Noting that alterations and deletions had been carried out to produce the documents for relevance sake, he said the absence of the original state of the evidence made it difficult to determine if any of those logs had been tampered with.
The lawyer added that there was a possibility of concoction of evidence as there existed several suspicious circumstances, including one in which Haizal, while searching for the transmission stations, managed to bring investigating officer Asst Supt Tonny Lunggan to the crime scene.
“And ASP Tonny, who went a few times to the crime scene, could not remember where it was,” he said.
Kuldeep said a witness had also admitted to a technical glitch in the programming script used to extract data for C/Insp Azilah's cellphone number, which subsequently resulted in errors.
Furthermore, he said there were a total of 117 discrepancies between P27 and C/Insp Azilah's itemised bill.
Among Kuldeep's other arguments were that the coverage predictions of the transmission stations did not show the scene of the crime and are inaccurate, and that there was missing data that could exonerate his client.
The hearing continues today.
-TMB
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