Perjury accused claims his testimony based on memory
Ajinder KaurPublished: Jan 2, 2001 9:09 AM | Updated: Jan 29, 2008 6:21 PM
Hulu Kelang state assembly member Mohamed Azmin Ali, in his defence to the charge of perjury, told the Sessions Court today that his testimony in the corruption trial of former deputy prime minister Anwar Ibrahim was based on his memory and perception of what he had told a magistrate.
"I had no documents for reference. I testified in the High Court based on my memory at that time and the perception of what I had meant when I spoke to the magistrate during my remand proceeding," said Azmin.
The 36-year-old private secretary of Anwar when the latter was education minister, finance minister and then deputy prime minister, is being charged with making a false statement while testifying as a defence witness in Anwar's trial on March 9, 1999, before High Court judge Augustine Paul.
He is charged under Section 193 of the Penal Code which carries a maximum jail term of seven years or a fine.
Azmin was acquitted and discharged by Sessions Court judge Hamdan Indah on July 13, 1999, but the High Court later allowed an appeal by the prosecution and ordered him to enter his defence on Feb 17 last year.
The case was then sent back to the Sessions Court for hearing to continue.
Threats and oppression
Azmin was arrested on Sept 16, 1998 to assist police investigations into his assets and the infamous book 50 Reasons Why Anwar Cannot Become PM. He was kept in the lock-up for seven days.
In today's hearing, he told judge Akhtar Tahir that he could not remember every word that he had said to the magistrate while testifying in the High Court.
He added that he was depressed, frightened and exhausted when he spoke to magistrate Azhar Osman about police threats and oppression against him while in remand at the Taman Tun Dr Ismail police lock-up in Sept 1998.
"The police took me to Azhar's chambers through an underground tunnel and prohibited me from meeting my lawyers. Azhar asked me if I was represented and I told him that my lawyers were present but the police did not allow me to see them.
"He then instructed my lawyers to be brought into the chambers. I managed to tell my lawyer Kamar Ainiah to get me released quickly because I could not tolerate the threats (by the police) anymore," he said during examination-in-chief by defence lawyer C V Prabhakaran.
Azmin added that he then asked the magistrate to allow him to speak on the police threats and oppression against him, as his lawyers were unaware of it.
"In the High Court, I spoke in indirect speech and summary form to explain the meaning of what I had said to the magistrate. It was my perception of what the magistrate understood. I did not use direct speech to give details about my complaint to the magistrate," he said.
During cross-examination by deputy public prosecutor Zauyah Be Loth Khan, Azmin said that he did not use the words "threaten" and "oppressed" while complaining to the magistrate because his perception at that moment was that the magistrate understood what he meant.
"In such a tense situation, I tried my best to explain to the magistrate as clearly and accurately possible," he said.
The hearing resumes this Thursday.
"I had no documents for reference. I testified in the High Court based on my memory at that time and the perception of what I had meant when I spoke to the magistrate during my remand proceeding," said Azmin.
The 36-year-old private secretary of Anwar when the latter was education minister, finance minister and then deputy prime minister, is being charged with making a false statement while testifying as a defence witness in Anwar's trial on March 9, 1999, before High Court judge Augustine Paul.
He is charged under Section 193 of the Penal Code which carries a maximum jail term of seven years or a fine.
Azmin was acquitted and discharged by Sessions Court judge Hamdan Indah on July 13, 1999, but the High Court later allowed an appeal by the prosecution and ordered him to enter his defence on Feb 17 last year.
The case was then sent back to the Sessions Court for hearing to continue.
Threats and oppression
Azmin was arrested on Sept 16, 1998 to assist police investigations into his assets and the infamous book 50 Reasons Why Anwar Cannot Become PM. He was kept in the lock-up for seven days.
In today's hearing, he told judge Akhtar Tahir that he could not remember every word that he had said to the magistrate while testifying in the High Court.
He added that he was depressed, frightened and exhausted when he spoke to magistrate Azhar Osman about police threats and oppression against him while in remand at the Taman Tun Dr Ismail police lock-up in Sept 1998.
"The police took me to Azhar's chambers through an underground tunnel and prohibited me from meeting my lawyers. Azhar asked me if I was represented and I told him that my lawyers were present but the police did not allow me to see them.
"He then instructed my lawyers to be brought into the chambers. I managed to tell my lawyer Kamar Ainiah to get me released quickly because I could not tolerate the threats (by the police) anymore," he said during examination-in-chief by defence lawyer C V Prabhakaran.
Azmin added that he then asked the magistrate to allow him to speak on the police threats and oppression against him, as his lawyers were unaware of it.
"In the High Court, I spoke in indirect speech and summary form to explain the meaning of what I had said to the magistrate. It was my perception of what the magistrate understood. I did not use direct speech to give details about my complaint to the magistrate," he said.
During cross-examination by deputy public prosecutor Zauyah Be Loth Khan, Azmin said that he did not use the words "threaten" and "oppressed" while complaining to the magistrate because his perception at that moment was that the magistrate understood what he meant.
"In such a tense situation, I tried my best to explain to the magistrate as clearly and accurately possible," he said.
The hearing resumes this Thursday.
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