An application was filed with the Shah Alam High Court today to summon Deputy Prime Minister Najib Abul Razak and private investigator P Balasubramaniam to testify at the Altantunya Shaariibuu murder trial.

The application was filed by lawyer Karpal Singh, who is representing the deceased’s family.

In his motion of notice, Karpal said the application was made under provisions in section 425 of the Criminal Procedure Code (CPC) which allows the court to summon persons found to be in possession of evidence essential to a trial.

p balasubramaniam private investigator najib razak baginda altantuya murder case 3 On July 3, Balasubramaniam stunned the nation with his explosive statutory declaration linking Najib to the murdered Mongolian national.

However, he made another statutory declaration only hours later claiming that his first declaration was made ‘under duress and contained inaccurate facts’.

Karpal in his affidavit attached with the motion notice said that the court should determine the claim made by Balasubramaniam that he was forced to issue the first statutory declaration that implicated Najib.

"It is imperative that this honourable court determine if Balasubramaniam’s statement is indeed true and if so, whether it is imperative he be recalled and for Najib to be summoned as a witness," said Karpal.

‘Najib essential to the case’

On why the deputy prime minister needed to be summoned, Karpal argued that the court ‘is bound to admit fresh evidence under section 425 of the CPC’ and that Najib should be summoned as ‘he appears essential to the just decision of the case’.

The counsel also said the court should halt the murder trial’s proceedings in light of the statement by Federal Commercial Crimes Department Director Koh Hong San last Friday that all those mentioned in both of Balasubramaniam’s statutory declarations - including lawyers - would be called to assist in police investigations.

altantuya razak baginda mongolian murder case 030907 "In the interest of justice, it is imperative that the court stay further proceedings pending the outcome of this investigation so as to be in proper position to invoke section 425 of the CPC," explained Karpal who is DAP national chairperson.

The Altantuya prosecution team after 124 days of trial and 4,000 pages of typewritten notes had finally closed its case on June 24 with the court fixing Wednesday for submissions.

Two police officers, chief inspector Azilah Hadri, 31, and corporal Sirul Azhar Umar, 36, are charged with the murder which allegedly took place between 10pm on Oct 19 and 1am on Oct 20 last year.

Political analyst Abdul Razak Baginda is charged with abetting the murder by giving the orders to them at between 9.54am on Oct 18 and 9.45pm on Oct 19 last year in Kuala Lumpur.

All three accused face the death penalty if convicted.

Family flees country

Balasubramaniam, who was hired by Abdul Razak Baginda as a private investigator, was the first witness to be called by the prosecution team to testify.

Najib, who is closely linked to Razak Baginda, has been forced to deny accusations that he had an affair with Altantuya.

Balasubramaniam and his family’s current whereabouts are yet to be determined. The police believe he and his family have fled the country. The motive behind the move has also yet to be determined.