PUTRAJAYA: The Court of Appeal has allowed the bid by Indonesian Siti Aisyah to obtain the witness statements of seven individuals in the murder case of Kim Jong Nam.
Siti Aisyah is currently on trial with Vietnamese Doan Thi Huong for allegedly murdering the half brother of the North Korean leader at klia2 by spraying him with VX nerve agent on Feb 13, 2017.
The appeals court panel, led by justice Umi Kalthum Abdul Majid, set aside the High Court order on Dec 18 last year dismissing Siti Aisyah’s bid to obtain the statements.
“Our decision is unanimous,” she added.
Deputy public prosecutor Dusuki Mokhtar told the court they would appeal against the decision to the Federal Court.
He also sought a stay order for the statements and a court order to halt the trial from resuming on Monday.
Siti Aisyah’s lawyer, Gooi Soon Seng, said they had no objections to the bid by the Attorney-General’s Chambers (AGC) to stop the trial.
Umi Kalthum said the panel would grant the request for a stay order on the statements but made no order to halt the trial.
“A formal application for a stay on trial proceedings should be done at the High Court because Doan’s lawyers need to be informed of today’s decision,” she said.
Siti Aisyah filed the application last year for the witness statements of Ahmad Fuad Ramli, Lim Cheng Gam, Tomie Yoshio, Ng Wai Hoong, Dessy Meyrisinta, Raisa Rinda Salma and Kamaruddin Masiod, on grounds that the seven were material witnesses who could help in her defence.
None of them was called to testify during the previous case brought by the prosecution.
During the appeal hearing today, Gooi said the AGC’s move not to provide them with the witness statements had denied them a fair trial.
“The seven people were not called to testify during the prosecution’s case, and without the statements, this might affect our defence case,” she said.
However, Dusuki said the prosecution had not produced the statements as the documents could not be disclosed due to fears of witness tampering.