SHAH ALAM: The Sessions Court here yesterday rejected the prosecution’s application to tender the police report lodged by Cpl Jenain Subi, who is charged with causing the death of the 15-year-old Aminulrasyid Amzah, as evidence during the trial.
Judge Latifah Mohd Tahar when making the decision said the prosecution should have submitted all documents to be used as evidence to the
defence earlier, especially those that would be used to counter the defence’s submissions.
She said Section 51(a) of the Criminal Procedures Code stipulated that it was the responsibilty of the prosecution to submit such documents at the prosecution stage.
“Submitting it (police report) at this stage will only prejudice the defence. The prosecution did not adhere to Section 51 (a) and hence, the police report cannot be submitted in the trial,” she said.
Prior to this, the prosecution had filed an application to tender the police report
lodged by Jenain in court to challenge his (Jenain’s) credibility, as his testimony was said to have contravened the report.
Jenain’s lawyer, M.Athimulan, however, objected on grounds that the prosecution should have submitted the document (police report) at the prosecution stage to enable the defence to prepare their submissions and that the application contravened the Section 51(a) of the Criminal Procedures Code.
Jenain, 48, was charged with causing the death of Aminulrasyid, 15, at Jalan Tarian 11/2 here between 1.10am and 2am on April 26, 2010. The charge under Section 304(a) of the Penal Code carries a maximum jail term of 30 years and fine, if convicted.
Aminulrasyid was reported to have died from gunshot wounds in the head.
Meanwhile, when resuming his defence yesterday, Jenain stressed that he fired 21 shots at the lower part of the Proton Iswara car driven by Aminulrasyid, which were aimed only at stopping the car from escaping from police. The policeman did not
agree with deputy public prosecutor Idham Abd Ghani’s suggestion that he had
fired the shots with the intention of causing death to the victim.
Jenain also did not agree with Idham’s suggestion that everything he said in court were lies.
The trial continues on June 17. — Bernama