Keputusan Hakim
# Judge allows trial within a trial.
#Judge says court not concerned with hos evidence obtained but court has discretion to exclude if done unfairly.
Soalbalas Pembelaan dan pendakawa
- Karpal: Trial within a trial is to lay basis. Yusof: Objections can be addressed when IO Jude Pereira testifies.
- Yusof says the reason why it is done this way is to prevent protracted trial within a trial.
- Yusof says conclusion can be done based on evidence adduced but must admit evidence first.
Submissions Pendakwaan
- Yusof says conclusion can be done based on evidence adduced but must admit evidence first.
- Yusof says there is no need for a trial within a trial. Wait until end of hearing, then decide if Anwar was illegally arrested.
- Nobody is disputing how/where the evidence was obtained.
- Yusof: Nobody is disputing how the evidence was obtained.
- Yusof: It should only be excluded if unfair to accused.
- Yusof: Application has been made to exclude... just because evidence obtained illegally does not mean should be excluded.
Submissions Pembelaan
- Karpal: It is necessary for your Lordship to exercise discretion for defence, only can be done with a trial within a trial.
- Karpal: It will ensure that all relevant matters are addressed.
- Karpal: The proper way to deal with this application is a trial within a trial. It is more appropriate method to follow.
- Karpal says there are circumstances where court should exercise discretion on party making application.
- Karpal refers to past cases, says court should ensure standards of propriety followed. about
- Karpal: The arrest of Anwar was illegal, unlawful. Methods employed by cops of getting items for DNA analysis unlawful.
- Karpal: Purpose of laying groundwork to show what recovered from lock-up ought to be excluded as evidence.
- Karpal Singh presents submissions on request for trial within a trial.
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