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Tuesday, October 28, 2014

Accept photo of Saiful 'happily' serving tea, court told (5)


LIVE REPORT

11.25am: Gopal says Saiful's conduct is inconsistent with a person being sodomised 24 hours earlier.

He says Saiful met a police officer (Mohd Rodwan) before the sodomy incident, and there was no reason for Saiful to wait for two days until he lodged a police report.

11.20am: Gopal says the photograph is to show Saiful's demeanour. The witness, he adds, admitted it was him in the photograph.

The photograph was not tendered as evidence and only marked as ID (identification).

Justice Abdull Hamid asks if Gopal wants to show his (Saiful’s) demeanour.

"Yes, he has admitted he was there and did not want to reply to the question when asked by Karpal that he looked happy.

"Cameras don't tell lies. He was not glum,” he replies.

Gopal says the trial judge made an error of law in not admitting this photograph.

Justice Suriyadi says Karpal has let it be marked as ID.

However, Gopal says that was a concession made at that time and cited a case law where such evidence is admitted.

"His demeanour was normal and inconsistent to the case of alleging he was violently sodomised before," he adds.

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