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Tuesday, October 28, 2014

'There has been a miscarriage of justice' (13)


LIVE REPORT

4.10pm: - Justice Arifin calls for a short break.

4.00pm: The burden, says Gopal, is on the prosecution to prove its case.

The senior lawyer says the conviction with regard to the circumstances the appeal was conducted renders it unsafe.

"It was fixed on April 12 and 13 at the Court of Appeal, where it was fixed before Justice Aziah Ali during case management.

"The appeal was heard on March 6 and 7 and Karpal asked time to submit but it was turned down. It was a long trial but in this circumstance, it went through, the conviction is unsafe," he says.

Gopal concludes his submission.

3.45pm: Gopal says in the reversal of an acquittal or an affirmation of acquittal, the apex court should intervene if the finding was wrong.

He says the High Court and Court of Appeal state that Saiful is a credible witness but his testimony against others, differ.

"It had not undergone the strictest scrutiny. There has been a miscarriage of justice," he adds.

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